STATE PERSONNEL MANUALWorkplace Environment and Health
Section 8, Page 1
December 1, 2002
State Employees Workplace Requirements Program for Safety & Health
Policy / It is the policy of the State of North Carolina that each department, commission, division, board, or institution (hereinafter referred to as agency), within the executive branch of government, have an operative workplace safety and health program designed to protect its employees from work related injuries and illnesses. The program design must include written program components and operating safety and health committees as required in Article 63 of Chapter 143 and Chapter 126-4(10) of the General Statutes. State employees covered by the State Personnel Act and those exempt from the Act are covered by the requirements of this programProgram Goals / Each State agency will have a written safety and health program for State employees that promotes safe and healthful working conditions and will be based on clearly stated goals or objectives for meeting the program requirements. The program shall provide managers, supervisors, and employees with a clear and firm understanding of the State’s concern for protecting employees from job-related injuries and health impairment; preventing accidents and fires; planning for emergencies and emergency medical procedures; identifying and controlling physical, chemical, and biological hazards in the workplace; communicating potential hazards to employees; and assuring adequate housekeeping and sanitation.
State Personnel Commission Responsibilities / The State Personnel Commission, through the Office of State Personnel shall:
Maintain a model program of safety and health requirements to guide State agencies in the development of their individual program and in complying with the provisions of G.S. 95-148 and G. S. 143-581,582,583,584.
Specify the requirements for the creation and operation of State agency safety and health committees.
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State Personnel Commission Responsibilities (continued) / Report annually to the Joint Legislative Commission on Governmental Operations on the Safety and Health activities of State agencies, compliance with Article 63 of Chapter 143 of the General Statutes and the fines levied against State agencies pursuant to Article 16 of Chapter 95 of the General Statutes.Office of State Personnel Responsibilities / The State Personnel Director is responsible through designated staff for developing, implementing, and monitoring agency compliance with the State Employee Workplace Requirements Program for Safety and Health. The Director will establish lines of communication between State agencies to refine and expand the program. This is to be accomplished by providing consultative and technical services through the Office of State Personnel Workplace Requirements Program for Safety and Health that include:
Technical assistance in the design and development of written safety and health programs and operative safety committees as well as assessment of specialized workplace hazards;
A systematic evaluation of State agencies to ensure compliance with written program and safety committee requirements. Evaluation criteria are listed in the procedures pages of this Section;
Periodic evaluation of State operations to ensure the identification and control of hazardous workplace environments and unsafe work practices which could endanger State employees;
Maintenance of a State Employee Safety and Health Handbook describing the responsibilities of employees and outlining the basic rules for working safely in State Government;
Investigation of work-related fatalities and major lost workday injuries and illnesses to ensure that agencies have program elements in place to control specific hazards;
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Office of State Personnel Responsibilities(continued) / Services for Industrial Hygiene are available from North Carolina Department of Labor, Occupational Safety and Health, and the Department of Health and Human Services, Occupational and Environmental Epidemiology Division for the smaller agencies that request assistance;
Coordination of training program for designated safety and health directors through resources of the N. C. Department of Labor, The Department of Health and Human Services, the Department of Environment & Natural Resources, Department of Insurance, N. C. Industrial Commission, Department of Transportation, and other State departments, community colleges and universities;
Maintenance of a statewide data information service for analyzing work-related injuries and illnesses and their related cost.
To assist the State Personnel Director, a State Steering Committee, composed of program staff from State agencies, shall be appointed to recommend program changes, goals and solutions to problems. Any additions or significant changes to the administrative or workplace requirements procedures will occur only after consultation with the State Steering Committee.
The State Personnel Director shall prepare an annual report for the Governor, the State Personnel Commission, and all State agencies. The Workplace Requirements Program for Safety and Health report provides an assessment summary of compliance with program requirements, committee actions and effectiveness, recommended changes to enhance program, and a statistical analysis of work-related injuries, illnesses and compensation costs.
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State Agency Responsibilities / Each agency shall establish a written State Employee Workplace Requirements Program for Safety and Health. Written components of the program shall describe at a minimum:The methods to be used to identify, analyze, and control new or existing hazards, conditions, and operations.
How managers, supervisors, and employees are responsible for implementing the program, controlling accident-related expenditures, and how continued participation of management and employees will be established, measured, and maintained.
How the plan will be communicated to all affected employees so that they are informed of work-related physical, chemical, or biological hazards, and controls necessary to prevent injury or illness.
How managers, supervisors, and employees will receive training in avoidance of job related injuries and health impairment.
How workplace accidents will be reported and investigated and how corrective actions will be implemented.
How safe work practices and rules will be communicated and enforced.
The safety and health training programs that will be made available to employees.
How employees can make complaints concerning safety and health problems without fear of retaliation.
How employees will receive medical attention following a work-related injury or illness.
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Agency Safety and Health Committees / Each State agency shall create safety and health committees to perform workplace inspections, review injury and illness records, make advisory recommendations to the agency head and managers, and perform other functions determined by the State Personnel Commission to be necessary for the effective implementation of the State Employees Workplace Requirements Program for Safety and Health. Each agency should structure their committees to ensure employee involvement at all levels within the organization.Committee Structure / The Committee structure shall be as follows:
There shall be at least one (1) safety and health committee in agencies with less than 300 employees. Agencies with 300 or more employees shall have a multi-layered safety and health committee organizational structure designed to ensure employee involvement: a top level committee that is responsible for the agency wide policy issues and other committees that meet the requirements outlined under Committee Operations in this policy.
The Safety and Health Committee shall have non-supervisory employee and management representatives. The number of management representatives shall not exceed the number of employee representatives. The terms of each representative shall be staggered to maintain the continuity of the committee. The non-supervisory employee representative will be referred to as the Employee Safety and Health Representative. The Committee shall be composed of:
One (1) Employee Safety and Health Representative where the average number of employees of the agency during the year was more than 10, but less than 50.
Two (2) Employee Safety and Health Representatives where the average number of employees during the year was more than 50, but less than 100.
An additional Employee Safety and health Representative for each additional 100 employees up to a maximum of six (6) Employee Safety and Health Representatives.
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Committee Structure (continued) / An agency with significant field forces must ensure field operations are represented by a member(s) of that group.The agency Safety and Health Director or designee serves as ex-officio member with voting rights on the committee(s).
The agency will establish a procedure by which Employee Safety and Health Representatives can be selected or appointed.
The Chairperson of the committee may be appointed by the agency head or elected by the members. Secretarial services are to be provided to the Chairperson to carry out his or her duties.
The agency shall permit members of the committee to take the time from work reasonably necessary to exercise the rights of the committee without suffering any loss of pay or benefits for time spent on duties of the committee. If necessary, the agency may need to modify employee’s normal work assignments to allow sufficient time for the employee to serve as a committee member.
Committee Operations / The Committee shall:
Review all safety and health policies and procedures established by the agency.
Review incidents involving work-related fatalities, injuries, illnesses or near-misses.
Review employee complaints regarding safety and health hazards.
Analyze the agency’s work injury and illness statistical records.
Conduct inspections of worksites at least annually and in response to complaints regarding safety or health hazards.
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Committee Operations (continued) / Conduct interviews with employees in conjunction with inspections of the workplace.Review agency’s training records to ensure compliance with regulatory training requirements.
Conduct meetings at least once every three months. Maintain written minutes of such meeting and send copy to each committee member. Copy of minutes shall be posted in the appropriate workplace.
Designate Employee Safety and Health Representative(s) to accompany representatives from regulatory agencies (i.e. NC Department of Agriculture, NC Department of Insurance, NC Department of Labor, NC Department of Environment and Natural Resources, Department of Health and Human Resources, etc.) during safety and health inspections of the workplace.
Make written recommendations on behalf of the committee to the agency head.
Uniform Symbols / Uniform safety and health symbols adopted by the State Personnel Commission are used by the Office of State Personnel and are to be used by agencies in communication and educational efforts involving components of the State Employee Workplace Requirements Program for Safety and Health.
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Recordkeeping Requirements / Each agency shall notify the Office of State Personnel, Workplace Requirements Program for Safety and Health Coordinator of any fatality or single accident involving the inpatient hospitalization of three or more employees within 8 hours of the accident or the next scheduled working day. A summary investigation report and Death Claim Notice Form is to be filed within two weeks of knowledge of the death and submit the detail Accident Investigation Report upon completion.Each agency will provide a quarterly summary of accident/injury/illness data to the Office of State Personnel, Workers’ Compensation Coordinator. The data is to include, but not limited to, employment information, occupational injuries; illnesses, data, incidence rates, workers’ compensation claims expenditures and subrogation collected.
State Employee Responsibilities / Each supervisor is responsible for providing safe working conditions for each subordinate, knowing safety and health guidelines, reporting and investigating accidents and advising management of any unsafe work environment or condition.
Each employee is responsible for conducting his or her own work in a safe manner to protect their self, fellow employees and the public; for making recommendations to improve safety and health in the workplace and for immediately notifying the supervisor of any accident involving injury, illness, or near-miss.
Revision No. 13State Employees Workplace Requirements Program
December 18, 2002for Safety and Health