Month: March 2020

DOT Guidance on Compliance with DOT Drug and Alcohol Testing Regulations

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DOT_Guidance_on_Compliance_with_Drug_and_Alcohol_Testing_Regulations.pdf

DOT Guidance on Compliance with Drug and Alcohol Testing Regulations [1]

March 23, 2020

 

This guidance document provides clarity to DOT-regulated employers, employees, and service agents on conducting DOT drug-and-alcohol testing given concerns about the Coronavirus Disease 2019 (COVID-19).  We, as a Nation, are facing an unprecedented public health emergency that is straining medical resources and altering aspects of American life, including the workplace. The Nation’s transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19.

DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and efficiently during this period of national emergency. Read More»

MSHA says no Pattern of Violations notices needed in 2019

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Arlington, VA — The Mine Safety and Health Administration did not identify any Pattern of Violations offenders among the nation’s 13,000-plus mines for the sixth consecutive screening period.

The most recent screening period began Feb. 1, 2019, and ended Jan. 31, MSHA states in a March 17 press release. The agency conducts screenings at least once annually.

The Federal Mine Safety and Health Act of 1977 authorizes MSHA to issue POV notices to operators who “demonstrate a disregard for the health and safety of miners through a pattern of significant and substantial violations.” Further, a January 2013 final rule allows MSHA to consider extenuating circumstances before issuing a POV notice and prompts operators to fix problems if they are approaching the threshold of a POV.

A pair of online tools allows the agency to assist with compliance. POV monitoring notifies mine operators that they are approaching POV status and should take action to correct issues. The S&S rate calculator allows mine operators to track “significant and substantial” violations. According to the release, the rate of such violations fell to 20% in 2019 from 32% in 2011.

“Safety and health is what we care about most,” agency administrator David Zatezalo said in the release. “It’s what miners’ families care about, and we can see it’s what mine operators care about. We’ll issue [POV] notices when we need to, but it’s a good feeling to look at the screenings and see no mines meeting the criteria.”

COVID-19 pandemic: Expanded FMCSA emergency declaration includes hours-of-service exemptions

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trucks-on-highway.jpg

Photo: WendellandCarolyn/iStockphoto

Washington — Commercial motor vehicle drivers transporting items intended to assist in COVID-19 pandemic relief efforts are temporarily exempt from federal hours-of-service regulations, under an expanded national emergency declaration issued by the Federal Motor Carrier Safety Administration on March 18.

The declaration augments an initial declaration issued March 13 and offers regulatory relief to drivers transporting:

  • Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19
  • Supplies and equipment necessary for community safety, sanitation and prevention of community transmission of COVID-19, including masks, gloves, hand sanitizer, soap and disinfectants
  • Food, paper products and other groceries for emergency restocking of distribution centers or stores
  • Immediate precursor raw materials (e.g., paper, plastic or alcohol) that are required and to be used for the manufacture of essential items
  • Fuel
  • Equipment, supplies and people necessary to establish and manage temporary housing and quarantine
  • People designated by federal, state or local authorities for medical, isolation or quarantine purposes
  • People necessary to provide other medical or emergency services

“FMCSA is providing additional regulatory relief to our nation’s commercial drivers to get critically important medical supplies, food and household goods to Americans in need,” acting administrator Jim Mullen said in a March 18 press release. “The nation’s truck drivers are on the front lines of this effort and are critical to America’s supply chain. We will continue to support them and use our authority to protect the health and safety of the American people.”

FMCSA notes that direct assistance excludes routine commercial deliveries, “including mixed loads with a nominal quantity of emergency relief added to obtain the benefits of the emergency declaration.”

“Once the driver has returned to the terminal or the driver’s normal reporting location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and eight hours if transporting passengers,” the declaration states.

The World Health Organization on March 11 declared COVID-19 a global pandemic

FMCSA CDL Waiver

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Waiver in Response to the COVID-19 Emergency –
For States, CDL Holders, CLP Holders, and Interstate Drivers Operating
Commercial Motor Vehicles

March 24, 2020

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Grant of waiver.

SUMMARY: FMCSA grants, until June 30, 2020, a waiver from certain regulations applicable to interstate and intrastate commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders and to other interstate drivers operating commercial motor vehicles (CMVs). The Agency has initiated this action in response to the President’s declaration of a national emergency under 42 U.S.C. § 5191(b) related to Coronavirus Disease 2019 (COVID-19).

DATES: This waiver is effective March 20, 2020 and expires on June 30, 2020. Read More»

COVID-19 pandemic: CPWR shares tips to help shield construction workers from exposure

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workboots-mask.jpg

Photo: beekeepx/iStockphoto

Silver Spring, MD — Aiming to protect construction workers from the COVID-19 pandemic, CPWR – The Center for Construction Research and Training has released guidance for employees and employers.

CPWR collaborated with North America’s Building Trades Unions, as well as partners in research and government, to develop the guidance. The center said it plans to update its COVID-19 webpage regularly as information becomes available.

Tips for workers include:

  • Don’t go to work if you’re feeling sick.
  • Don’t shake hands when greeting others.
  • Stay at least 6 feet away from others on the worksite, if possible, including during meetings and training sessions.
  • Avoid contact with sick people.
  • Avoid touching your eyes, nose or mouth with unwashed hands.
  • Cover your mouth and nose with a tissue when coughing or sneezing, or do so into your elbow.
  • Wash your hands often for at least 20 seconds. Use soap and water or an alcohol-based hand sanitizer that contains at least 60% alcohol.

For employers:

  • Plan for office staff to have the ability to work from home.
  • Provide soap and running water – and hand sanitizer, if possible – on all worksites to allow for frequent handwashing.
  • Clean and disinfect frequently touched surfaces on worksites and in offices, including hand rails, doorknobs and portable toilets.
  • If a job involves working at a health care facility, provide workers with Infection Control Risk Assessment training.

CANCELLED: MSHA Spring Thaw

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MSHA Spring Thaw
When
Friday, May 8, 2020 from 6:30 AM to 2:00 PM MST
Where
Embassy Suites Scottsdale
5001 N Scottsdale Road
Scottsdale, AZ 85250
Greetings!
Due to the evolving COVID-19 disease and suggested recommendations, the MSHA Spring Thaw event has been cancelled. 
Take care and stay safe.
Sincerely,
Nicole Massarand
Arizona Rock Products Association
nicole@azrockproducts.org
602-271-0346

Safety Alert – Electro-Hydraulic Lifts

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Use qualified welders. Inspect welds and metal components. Train users.

Damaged or defective welds on aerial lifts have caused two fatalities in the mining industry since 2001.

  • A mechanic died while being lowered in an electro-hydraulic aerial lift. A weld splice fractured on a recently repaired arm of the lift, causing the arm to strike the victim in the head (Figure 1). The weld failed because of poor weld quality from an improper repair.
  • A welder died while being lowered in an electro-hydraulic aerial lift when the lift arm catastrophically fractured at a critical weld connecting the arm support to its lift cylinder (Figure 2). Undetected cracks existed in the weld and the surrounding metal prior to failure.
Electric hydraulic lifts use of qualified weilders, inspection welds and metal components includign training users
Best Practices:

Best Practices to Prevent the Mechanical Failure of Welded Connections
Prevent accidents by following proper welding procedures and performing regular inspections for damages or defects.

  • Only qualified welders should perform all welding.
  • Determine the service/fatigue life of mechanical systems or parts by consulting with the manufacturer.
  • Inspect welds following installation and repairs, and periodically during service life.
  • Train users in the proper operation of lifts – including not exceeding their design capacity.
  • Routinely examine metal components for signs of weakness, corrosion, fatigue cracks, bends, buckling, deflection, missing connectors, etc.
  • Use nondestructive test methods to detect cracks that may be indistinguishable to the eye.
  • Take cracked mechanical components out of service immediately. Small cracks can quickly grow and lead to catastrophic fracture.

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19)

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Saturday, March 21, 2020
EXPANDED EMERGENCY DECLARATION UNDER 49 CFR § 390.23 No. 2020-002.pdf

Frequently Asked Questions Related to the FMCSA Emergency Declaration 03/19/2020:   https://www.fmcsa.dot.gov/emergency/frequently-asked-questions-related-fmcsa-emergency-declaration-03192020

Notice to State Drivers Licensing Agencies of the Federal Motor Carrier Safety Administration’s Policy Regarding Effect of Actions during COVID-19 Emergency
https://www.fmcsa.dot.gov/emergency/notice-state-drivers-licensing-agencies-federal-motor-carrier-safety-administrations

Notice of Enforcement Discretion – Emergency Declaration 2020-002 – COVID-19 – 03-20-2020
https://www.fmcsa.dot.gov/emergency/notice-enforcement-discretion-emergency-declaration-2020-002-covid-19-03-20-2020

DHS Guide on Essential Workers:   https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce

General Information regarding TSA Enrollment Services:    https://www.tsa.gov/sites/default/files/esvp_covid-19-faqs-03202020.pdf

Federal Motor Carrier Safety Administration 

EXPANDED EMERGENCY DECLARATION
UNDER 49 CFR § 390.23
No. 2020-002

THE FIFTY UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b), and pursuant to 49 CFR § 390.23(a)(l)(i), an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSR), except as otherwise restricted by this Emergency Declaration. Such emergency is in response to Coronavirus Disease 2019 (COVID-19) outbreaks and their effects on people and the immediate risk they present to public health, safety and welfare in the fifty States and the District of Columbia. This Declaration addresses National emergency conditions that create a need for immediate transportation of essential supplies, equipment and persons, and provides necessary relief from the FMCSR for motor carriers and drivers engaged in the transport of essential supplies, equipment and persons. Read More»

U.S. Department of Labor Announces No U.S. Mines Met Pattern of Violations Screening Criteria

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ARLINGTON, VA – Of the nation’s 13,000 mining operations, none met the screening criteria for a Pattern of Violations (POV), one of the toughest enforcement tools used by the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA). The announcement follows MSHA’s most recent screening, covering the period from Feb. 1, 2019 to Jan. 31, 2020. This was the sixth consecutive screening that resulted in no POV notices. The last screening covered the period from Sept. 1, 2018, to Aug. 31, 2019. Under MSHA regulations, MSHA conducts POV screenings “at least once each year.”

MSHA reserves use of the POV provision – established in the Federal Mine Safety and Health Act of 1977 – for mines that pose the greatest risk to miners’ health and safety, particularly those with chronic violation records.

“Safety and health is what we care about most at the Mine Safety and Health Administration. It’s what miners care about, it’s what miners’ families care about and we can see it’s what mine operators care about,” said MSHA Assistant Secretary David G. Zatezalo. “We’ll issue Pattern of Violations notices when we need to, but it’s a good feeling to look at the screenings and see no mines meeting the criteria.”

In January 2013, MSHA published its POV rule to strengthen safety measures in the nation’s most dangerous mines. Under the regulation, MSHA may consider mitigating circumstances before issuing a POV notice and encourages mine operators to implement a corrective action program if they are close to meeting the POV screening criteria.

MSHA provides two online tools to help mine operators monitor compliance: the POV tool, which informs mine operators how they rate against the screening criteria and should take appropriate corrective actions; and the S&S rate calculator, which enables mine operators to monitor their “significant and substantial” violations. Between 2011 and 2019, the rate of significant and substantial violations dropped from approximately 32 percent to 20 percent, an indicator of safety improvements in mines.