The N.C. Department of Labor cannot take all the credit for the state's success in the reduction of workplace accidents and fatalities. We attribute much of the success to the efforts of employers and employees across this state. One would be naive to think that 114 inspectors can visit over 200,000 businesses in an effort to ensure that every business is following the law.

There are other factors driving safety and health programs in industry that have to be considered. Paying the cost of insurance is a major burden for business owners in these tough economic times. Many employers have a clearer understanding of the direct and indirect costs of a workplace injury and have implemented strong safety and health programs, hired safety directors and formed safety committees. One cannot discount the fact that North Carolina's workers' comp rates have declined over the years because fewer workplace injury claims were filed.

I meet with employers and employees on a weekly basis so I see firsthand what is taking place in workplaces across this state. When you look at the big picture in North Carolina, there is no disputing the state has made significant progress.

Observer: In general, how would you evaluate the job that the state OSHA program has done keeping workers safe in recent years?

Berry: North Carolina has one of the most comprehensive (compliance, targeting, consultative, education, training, and technical assistance) and active OSH programs in the nation. We continue to show improvements. Our state's injury and illness rate is at an all-time low and remains below the national average. The fact that workers' compensation rates have dropped is additional evidence that there are fewer workplace injuries and illnesses. Our workplace safety and health professionals are committed to making each day safer than the day before.

Observer: What facts and statistics do you think best support your conclusions?

Berry: Again, the injury and illness rate is at an all-time low. It has consistently dropped from 8.6 in 1992 to 3.1 in 2009. The Brooks administration (1977-1992) averaged 7.6; the Payne administration (1993-2000) averaged 6.6; and my administration has averaged 3.9. Other measures include: overall BLS injury and illness data for both public and private sector, injury and illness rates for targeted areas such as our construction special emphasis program, number of fatalities with NCDOL jurisdiction, and fatality rate. Again, workers' compensation rates and claims have decreased in recent years because of fewer on-the-job injuries and illnesses.

Observer: -How do you think the state's OSHA program compares with what was in place before the 1991 Hamlet fire?

Berry: I was not Commissioner of Labor at that time, but I can tell you workplaces are safer now. The program currently has a greater number of inspectors, trainers and consultants. As a result of increased staffing, internal training, and strategic planning, the OSH Division is able to conduct many more activities to impact statewide safety and health. In addition to increased compliance activity and consultative activity, employers and employees have numerous opportunities to readily access education and training materials on our website, webinars and onsite training. North Carolina is recognized as having one of the top programs in the nation.

Observer: We've heard from workplace safety advocates who give OSHA mixed grades. One, Tom O'Connor, said the state's OSHA program has improved since Hamlet, but "I think a lot of the promises of really overhauling the program and making it a truly effective deterrent has just not come about." He also said that while the state often works with companies to help them improve their safety programs, it's "reluctant to use that big stick when necessary."

What are your thoughts about that?

Berry: Well, we'll just have to disagree. Tom works for an advocacy group that has a liberal agenda so he can't be too complimentary or he might be out of a job.

Observer: It looks as though the total number of OSHA inspections in the state is at its lowest level since 2002, and that total citations are at their lowest number since 1993.

Berry: Ames, you need to be fair with your readers. 2010 inspection numbers, even though they are down, are higher than any years during the Brooks or Payne administrations. So to just go back and pick 2002 is misleading. In fact, my administration has averaged more than 1,200 more inspections per year than the previous administration and that is with the same number of compliance positions. Violations are virtually the same: 12,928 per year during my administration compared to 12,953 for the previous administration. North Carolina continues to be among the nationwide leaders in compliance inspections year after year so this is proof positive of our commitment in this area.

Observer: And while North Carolina's OSHA program is better staffed than most other states, the number of inspectors has remained flat since 1993, despite a significant increase in the size of the workforce. The International Labour Organization recommends one inspector for every 10,000 workers. North Carolina has roughly one inspector for every 34,000 workers.

Berry:We can't be in every workplace just like policemen can't be on every street corner. I am concerned that we might be losing some positions in the upcoming federal budget. The state and national economic realities are that there will not be a significant increase in funding for the foreseeable future, so OSHA and State Plans need to find more efficient ways to operate to achieve the desired results. We do have one inspector per 34,000 workers, which equates to one inspector per roughly 2,200 workplaces. Federal OSHA has one inspector for 65,000 workers/3,500 workplaces.

Observer: Should residents be concerned about any of that?

Berry: No. I think the public has a good understanding of the financial mess facing this country.

Observer: Please talk about why or why not.

Berry: If injury and illnesses were on the rise, yes. We'll adjust our thinking based on the resources available to us.

Observer: In North Carolina, fewer than one of every 1,000 citations over the past decade has been a willful.

Berry: Again, why are you only asking about the past ten years and not going all the way back to Imperial Foods? If you did, you would find the OSH program has been consistent in regards to willful citations. My administration has averaged 10.2 per year compared to 10.9 for the previous administration. We do not have quotas for willful citations. We will cite based on what we find and what we believe will survive legal review after consultation with the Attorney General's Office.

Observer: Average fines rose last year, but they remain below the national average. Do you think the state OSHA program has been tough enough to get its message across to workplace safety violators?

Berry: Yes. The Payne administration changed the way penalties are calculated (the formula for probability of an accident) resulting in overall reductions. In addition, we inspect a greater number of smaller businesses than the feds, which results in smaller penalties since both our state plan and the feds give a reduction to penalties based on the number of employees. There is no data suggesting a correlation between higher fines and safer workplaces. Although the national penalty average for serious violations may have been higher than North Carolina's average, it is also true that the national injury and illness rate and fatality average are significantly higher than North Carolina's. It does not appear that a higher penalty average has successfully translated to lower injury, illness and fatality averages elsewhere. Neither federal OSHA or anyone else has provided any empirical data showing a correlation between average penalty and success of safety and health programs.