Month: September 2020

Hours-of-service changes expected to arrive on time

Posted on by McCraren Compliance

First published by FMCSA.

The time has come. Beginning on Tuesday, Sept. 29, the Federal Motor Carrier Safety Administration’s changes to the hours-of-service regulations go into effect.

Aimed to ease some of the rigidness of the regulations, FMCSA made four changes to the rules that the agency said are intended to give truckers more control in determining when it is safe to drive.

Short-haul exception

The new hours-of-service rules expand the short-haul exception to 150 air miles and allows a 14-hour work shift to take place as part of the exception.

“Under the previous rule, a driver based in Peoria, Ill., could not service Chicago and St. Louis,” FMCSA wrote. “The new rule allows the driver to service those two cities, as well as an additional two hours to do so.”

To use the short-haul exception, a driver must start and end the shift in the same location.

Adverse driving conditions

The exception expands the driving window during adverse driving conditions by as much as two hours.

The revised definition of “adverse driving conditions” is snow, ice, sleet, fog or other adverse weather conditions or unusual road or traffic conditions that couldn’t be reasonably known to a driver before the start the on-duty period or immediately after a rest period, and to a motor carrier before dispatching the driver.

FMCSA provided an example of a driver that is 15 miles from his destination when there is a gravel spill on the bridge ahead and the bridge is the only access to the destination. In the example, the driver has one hour left of driving time and one hour left in the driving day. Under the new provision, the driver can stop at the next exit (for up to two hours) until the road is clear and still have time to get to the destination without violating hours-of-service rules.

The agency advises drivers to make an annotation in their electronic logging device when utilizing the provision and to include details about the adverse driving condition.

30-minute break requirement

The new hours-of-service rules did not eliminate the 30-minute break mandate after eight hours of driving, but they do allow the break to be fulfilled through 30 minutes of on-duty, nondriving time. The change means that instead of taking the break off duty, the trucker can now take the break while getting fuel or while completing a maintenance check.

FMCSA emphasizes that under the change, drivers can either satisfy the break off duty, in the sleeper berth, or on duty while not driving. The 30-minute break can’t be broken down into increments.

Sleeper berth provision

The new rules modify the sleeper berth exception to allow drivers to take their 10 hours off duty in two periods, provided one off-duty period (whether in or out of the sleeper berth) is at least two hours long and the other involves at least seven consecutive hours spent in the sleeper. Neither period counts against the maximum 14-hour driving window.

The split could be 8/2, 7/3, or even 7.5/2.5.

FMCSA provided an example with a driver starting day one having just completed 10 consecutive hours off duty. In the example, the driver is on duty from midnight until 1 a.m. and then drives until 7 a.m. The driver then takes a three-hour break until 10 a.m. and goes back on duty until noon before resuming his drive until 5 p.m. Then the driver goes into the sleeper berth from 5 p.m. until midnight. In this example, the trucker had 11 hours of driving time and the break periods did not count against the driver’s 14-hour window.

new hours of service sleeper berth provision - FMCSA
Courtesy FMCSA/U.S. DOT

FMCSA video

FMCSA created a video to explain the rule changes that can be found here.

“The main part of this rule is to provide flexibility to drivers in how they schedule their days to be most efficient, safe and productive in their activity each day,” Joe DeLorenzo, FMCSA’s acting associate administrator of enforcement, said in the video.

FMCSA provides a series of questions and answers regarding the new rules here.

Opposition

The new hours-of-service rules are poised to go into effect despite a recent lawsuit from the International Brotherhood of Teamsters and a coalition of safety groups.

On Sept. 16, the groups filed a petition for review of FMCSA’s final rule in the U.S. Court of Appeals for the District of Columbia Circuit. Before filing the lawsuit, the groups petitioned the agency to reconsider the final rule, calling it “flawed.” FMCSA denied the petitions, emphasizing that the rule changes did not provide additional driving time.

McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA taking driver panel applications until Oct. 16

Posted on by McCraren Compliance
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First published by FMCSA.

The Federal Motor Carrier Safety Administration has released details of how truckers can apply to be a part of the agency’s commercial motor vehicle driver panel.

FMCSA announced the creation of the panel, which will serve as a subcommittee to the Motor Carrier Safety Advisory Committee, on Sept. 18. According to the agency, the panel will provide direct feedback to FMCSA on important issues, such as safety, hours of service, training, parking and driver experience.

The panel is expected to be comprised of about 25 drivers from all sectors of the industry.

FMCSA said on Sept. 28 that it is accepting applications for the panel until Oct. 16.

To apply, the agency asks for commercial drivers to submit a resume detailing your driving experience and a personal statement outlining how your qualifications and experience as a driver make you suitable to be on the panel. A letter of recommendation may be included but is not required.

The documents need to be emailed to MCSACDriver@dot.gov by Oct. 16.

“Truck drivers and other commercial vehicle operators are American heroes who have stepped up during the current public health emergency to keep our economy moving, so their input is essential to strengthening safety on the roads,” U.S. Transportation Secretary Elaine L. Chao said in a news release.

FMCSA said the goal of the panel is to capture a wide array of viewpoints and experiences within the commercial motor vehicle community.

“The Department of Transportation and this administration believe in listening to our drivers and hearing their concerns directly,” FMCSA acting Administrator Wiley Deck said. “We know that many of the solutions to the challenges we face don’t come from Washington. They come from the hard-working men and women who are behind the wheel all over our nation. This new subcommittee to MCSAC will further help us hear from America’s commercial drivers.”

More information about the new panel can be found here.

McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Group files suit against FMCSA, DOT over final rule amending trucker hours-of-service regulations

Posted on by McCraren Compliance

As new hours-of-service regulations from the Federal Motor Carrier Safety Administration are scheduled to go into effect Sept. 29, a group has filed a petition asking a federal court to overturn the new rules.

As new hours-of-service regulations from the Federal Motor Carrier Safety Administration are scheduled to go into effect Sept. 29, a group has filed a petition asking a federal court to overturn the new rules.

Washington — A coalition of roadway safety advocacy groups, in conjunction with the International Brotherhood of Teamsters, has filed a lawsuit against the Federal Motor Carrier Safety Administration and the Department of Transportation challenging a controversial final rule FMCSA claims will add flexibility to hours-of-service regulations for commercial truck drivers.

In the lawsuit, filed Sept. 16 in the U.S. Court of Appeals for the District of Columbia Circuit, the Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, and the Teamsters request a reexamination of the final rule as well as their petition for FMCSA to reconsider the rule. The groups filed the petition June 30, and FMCSA denied it Aug. 25.

At press time, the rule was slated to take effect Sept. 29. The petitioners call the rule “flawed” in a Sept. 16 press release.

“Under the guise of increased flexibility, the changes will further exacerbate the already well-known threat of fatigue among commercial motor vehicle drivers by significantly weakening current HOS rules,” the release states.

Under the rule, announced in a May 14 agency press release and published in the June 1 Federal Register, FMCSA will:

  • Change the short-haul exemption to 150 air miles from 100, and 14 hours on duty from 12, to be consistent for rules with long-haul truck drivers.
  • Extend the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions.
  • Revise the current mandatory 30-minute break for truck drivers after eight hours of continuous driving.
  • Reinstate the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks equipped with sleeper berth compartments.

In the petition, the groups contend that “the final rule is not in the public interest and does not meet the agency’s statutory mission in carrying out its duties to assign and maintain safety as the highest priority.” They cite National Highway Traffic Administration data showing that 4,951 fatalities in incidents involving a large truck occurred in 2018, as well as additional research highlighting fatigue-related hazards associated with the profession.

Preliminary data released in NHTSA’s May 2020 “Traffic Safety Facts” report shows that fatalities in incidents involving a large truck are projected to have increased 1% in 2019.

“If I fall asleep on the job, my head hits the keyboard,” Cathy Chase, president of Advocates for Highway and Auto Safety, said in the Sept. 16 release. “If a truck driver falls asleep, his/her head hits the windshield, and that’s only part of the catastrophic outcome. Allowing operators to work longer hours and drive farther distances without proper rest breaks and other protections ignores science, data and expert opinion.”

Teamsters General President Jim Hoffa also expresses his opposition to the final rule in the release.

“By issuing this HOS regulation, FMCSA has bowed to special trucking industry interests at the expense of highway safety, seeking longer workdays for drivers who are already being pushed to the limit,” Hoffa said. “We join this lawsuit to ensure that our members and their families are protected from fatigued drivers when they use our nation’s roadways.”

The rule doesn’t include a proposed provision that would have allowed covered CMV operators one rest break of up to three consecutive hours during every 14-hour on-duty period. However, under a proposed FMCSA pilot program published in the Sept. 3 Federal Register, CMV operators would be allowed one rest break of up to three consecutive hours but no less than 30 minutes during every 14-hour on-duty period. Comments on the pilot program are due Nov. 2.

In a May 14 video posted on the DOT’s YouTube channel, Secretary of Transportation Elaine Chao said the final rule’s provisions “will help drivers reach their destination safely without feeling like they’ve got to race against the clock to comply with federal mandates. They will also help truckers get the rest they need when they need it. When safety rules make sense, drivers are better table to comply, and that benefits everyone.”

McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment

MSHA – Mine Fatality #15

Posted on by McCraren Compliance

First published by MSHA.

MINE FATALITY – On September 1, 2020, a miner died when he fell while attempting to close a hatch on the top of a bulk material trailer. The miner was wearing a fall protection harness but his lanyard was not attached to a secure anchorage.

September 1, 2020 Fatality Alert accident scene
Photo property of MSHA.gov
Best Practices:
  • Encourage the use of automated hatches on tanks and trailers.
  • Provide and ensure the use of an effective fall arrest and secure anchorage system.
  • Provide safe access to all work areas and ensure truck and trailer access and work platforms are properly designed, maintained, and used.
  • Examine work areas and equipment. Don’t use unsafe work areas and equipment until repairs are made.
  • Refresh miner training on safe work procedures after returning from periods of shutdown, and routinely monitor work habits.
Additional Information:
This is the 15th fatality reported in 2020, and the fourth classified as “Slip or Fall of Person.”
McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

DOT COVID-19 Drug & Alcohol Testing Statement of Enforcement Discretion for Substance Abuse Professionals and Service Agents

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April 4, 2020; updated June 17, 2020; updated September 22, 2020

On March 23, 2020, the U.S. Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance (ODAPC) provided guidance about the impact of the Coronavirus Disease 2019 (COVID-19) public health emergency on DOT drug and alcohol testing requirements for employers, employees, and service agents.  On April 4, 2020, ODAPC provided supplemental information specific to performing remote evaluations by Substance Abuse Professionals (SAP) and the re-qualification timelines for collectors, Medical Review Officers (MRO), Screening Test Technicians (STT) and Breath Alcohol Technicians (BAT), and SAPs.  As published on April 4, 2020, this statement was effective through June 30, 2020.  On June 17, 2020 the guidance was extended to September 30, 2020.  As of September 22, 2020, ODAPC has extended the statement and it continues to be effective through December 31, 2020.

SAP Assessments and Evaluations

Under 49 CFR §§ 40. 291, 40.293, and 40.301, the SAP must conduct a face-to-face assessment and evaluation of an employee who has violated DOT drug and alcohol regulations.  DOT has always maintained that the “face-to-face” assessment and evaluation must be done “in person” and is essential to the SAP process.  ODAPC recognizes that conducting face-to-face assessments and evaluations during the COVID-19 public health emergency may not be possible or advisable for certain individuals. ODAPC will allow SAPs to conduct a remote “face-to-face” evaluation and assessment while this policy is in effect.

The flexibility to conduct remote assessments and evaluations is voluntary, and SAPs may continue to conduct in-person face-to-face assessments and evaluations as appropriate.  ODAPC recommends that, when a SAP conducts assessments and evaluations remotely, the format of the assessment be documented in the final report for reference.

ODAPC realizes that performing evaluations remotely may not provide as much information to the SAP as a face-to-face evaluation would, but believes remote evaluations are preferable to not performing the evaluations at all.  While ODAPC will not prescribe the exact manner in which the remote evaluations should be conducted, SAPs who choose to conduct initial assessments and evaluations and follow up evaluations remotely should consider the following parameters:

  1. The technology you use should permit a real-time two-way audio and visual communication and interaction between you and the employee.
  2. You should determine if the quality of the technology (e.g., speed of the internet connection, clarity of the display, application being used, etc.) is sufficient for you to gather all the visual (e.g., non-verbal physical cues) and audible information you would normally observe in an in-person face-to-face interaction.
  3. You may only utilize the technology if your State-issued license authorizes you to do so and within the parameters of that authority.

ODAPC will not consider an evaluation or assessment performed remotely as an act of serious non-compliance for purposes of starting a public interest exclusion proceeding against the service agent while this statement of enforcement discretion is in effect. 

Re-qualification Timelines for Certain Service Agents

Under 49 CFR §§ 40.33(e), 40.121(d), 40.213(e), and 40.281(d), collectors, MROs, STT/BATs, and SAPs are required to maintain their DOT required qualifications to continue to act as service agents in the DOT drug and alcohol testing program.  Specifically, collectors and STT/BATs must complete refresher training every five years, MROs must complete requalification training every five years, and SAPs must complete 12 professional development hours every three years.

DOT realizes that during the COVID-19 public health emergency, these service agents may find it difficult to find the necessary resources (e.g., exam location or personnel to conduct mock collections, etc.) to meet their re-qualification requirements. If a service agent is unable to meet their re-qualification due date while this statement of enforcement discretion is in effect, DOT will not consider it a non-compliance for purposes of starting a public interest exclusion proceeding against the service agent.  DOT is providing this flexibility for service agents who cannot meet their re-qualification requirements by their respective due dates due to restrictions imposed by Federal, State and local authorities, and health agencies related to the COVID-19 public health emergency (e.g., facility closures, State or locally imposed quarantine requirements, or other impediments).  DOT will consider these service agents qualified per Part 40 to continue providing the Part 40 required services while this policy is in effect.

McCraren Compliance can help you understand and comply with the current DOT drug and alcohol regulations. Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free DOT/FMCSA Compliance Assessment

FMCSA Announces New Commercial Driver Panel to Provide Feedback on Critical CMV Issues and Initiatives

Posted on by McCraren Compliance

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WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administrator (FMCSA) today announced it will be launching a new panel to its Motor Carrier Safety Advisory Committee (MCSAC) comprised of commercial motor vehicle (CMV) drivers.  This new panel will provide direct feedback to FMCSA on important issues facing the driving community—such as safety, hours-of-service regulations, training, parking, and driver experience.

“Truck drivers and other commercial vehicle operators are American heroes who have stepped up during the current public health emergency to keep our economy moving, so their input is essential to strengthening safety on the roads,” said U.S. Transportation Secretary Elaine L. Chao.

This new panel is comprised of 20 to 25 drivers from all sectors of the CMV industry—tractor trailer drivers, straight truck drivers, motor coach drivers, hazardous materials drivers, agriculture haulers, and more. FMCSA’s goal with the new driver panel is to capture the wide array of viewpoints and experiences within the CMV community.

“The Department of Transportation and this Administration believe in listening to our drivers and hearing their concerns directly. We know that many of the solutions to the challenges we face don’t come from Washington—they come from the hard-working men and women who are behind the wheel all over our nation.  This new subcommittee to MCSAC will further help us hear from America’s commercial drivers,” said FMCSA Deputy Administrator Wiley Deck.

During the Trump Administration, FMCSA has focused on hearing directly from commercial drivers and incorporating their opinions and concerns into the Agency’s safety initiatives.  The Agency continues to hold listening sessions and discussions with the motor carrier industry to gather feedback and shape FMCSA’s priorities.

In May 2020, FMCSA published updates to the hours-of-service rules that were based directly off the feedback the Agency heard from commercial drivers regarding the need for increased flexibility and improved safety.

McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

MSHA: ‘No changes are necessary’ to criteria for certifying coal mine rescue teams

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Mine Safety and Health Administration (MSHA) | Protecting Miners' Safety and Health Since 1978
Photo property of MSHA.gov

Arlington, VA — Criteria for the certification of coal mine rescue teams will “remain in effect, without changes,” the Mine Safety and Health Administration announced Sept. 1, after completing a requisite review under the Mine Improvement and New Emergency Response (MINER) Act of 2006.

MSHA revised the guidelines of the MINER Act in December 2013. Certification criteria for mine rescue teams outlined under Title 30 CFR Part 49.50 state that members must:

  • Receive proper annual training.
  • Be familiar with the operations of each covered mine.
  • Participate in at least two local mine rescue contests each year.
  • Complete mine rescue training at each covered mine.
  • Be knowledgeable about the operations and ventilation of each covered mine.

The MINER Act requires MSHA to review the certification criteria every five years.

“After a review of these criteria, MSHA has determined that these criteria are still appropriate and that no changes are necessary,” the agency states.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.

Speeding most cited violation during Operation Safe Driver Week

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication.
Greenbelt, MD — Law enforcement officials issued more than 71,000 citations and warnings to drivers during the Commercial Vehicle Safety Alliance’s annual Operation Safe Driver Week.

From July 12 to July 18, law enforcement officials throughout the United States and Canada were on the lookout for commercial and passenger vehicle drivers engaging in unsafe behaviors such as following too closely, not wearing a seat belt and distracted driving, while placing added emphasis on speeding, CVSA states in a Sept. 2 press release.

Citations and warnings related to speeding were most common among both groups of drivers. Commercial motor vehicle drivers received 2,339 citations and 3,423 warnings for speeding, while passenger drivers accounted for 14,378 citations and 11,456 warnings.

Rounding out the top five citations issued to CMV drivers: failure to wear a seat belt (1,003), failure to obey a traffic control device (617), texting or using a handheld phone (269), and improper lane change (122).

The next most common citations issued to passenger vehicle drivers were failure to wear a seat belt (932), possession/use/under the influence of alcohol and/or drugs (452), failure to obey a traffic control device (399), and improper lane change (273).

“Although CVSA is a commercial motor vehicle safety organization, it was important that passenger vehicle drivers were also involved in this annual weeklong driver safety enforcement initiative,” CVSA President John Samis said in the release. “When commercial motor vehicles and passenger vehicles collide, no matter who was at fault, the results can be catastrophic, especially for the smaller and lighter passenger vehicle. Preventing crashes from happening requires every driver – commercial and personal – to be aware of how to safely share the road with other types of vehicles.”

The rate of motor vehicle-related deaths jumped 20% in the first half of the year compared with the same period in 2019 – despite a 17% drop in the number of miles driven – according to preliminary estimates released Sept. 15 by the National Safety Council.

McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment

Cranes and derricks in railroad roadway work: OSHA clarifies final rule; lists exemptions

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railroad-workers2.jpg

Photo: Washington State Dept. of Transportation

Washington — OSHA is providing specific exemptions and clarifications for railroad roadway work in its Cranes and Derricks in Construction Standard.

According to a final rule published in the Sept. 15 Federal Register, the exemptions and clarifications are intended to “recognize the unique equipment and circumstances in railroad roadway work,” as well as reflect the preemption of OSHA requirements by Federal Railroad Administration regulations, including those for the safe operation of railroad roadway maintenance machines that have cranes or other hoisting devices.

Some of the exemptions apply to flash-butt welding trucks, the use of rail stops and rail clamps, dragging a load sideways, out-of-level work, and boom-hoist limiting devices for hydraulic cylinder-equipped booms. Operator training and certification will follow FRA regulations, OSHA states in a Sept. 14 press release.

This rulemaking culminates a 10-year period that began when the Association of American Railroads and a number of individual railroads filed a petition challenging the Cranes and Derricks in Construction Standard – published in August 2010.

OSHA published a notice of proposed rulemaking in July 2018 after reaching a settlement agreement with those organizations. Nearly a year later, FRA informed OSHA that it intended to preempt many of the requirements in the NPRM.

OSHA states in the rule that “Although any exemption from OSHA requirements resulting from the preemption of OSHA statutory authority by FRA would apply whether or not the OSHA regulations include any specific exemptions, OSHA believes it is still appropriate to amend the Code of Federal Regulations (CFR) to include the explicit exemptions for RMMs in the OSHA crane standard. Having the exemptions specified in the OSHA crane standard will provide additional clarity for employers in the railroad industry, including contractors, who may be unfamiliar with the legal implications of FRA’s action.”

The rule is scheduled to go into effect Nov. 16.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

Working near belt conveyors: Recent deaths spur MSHA safety alert

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Lock Out Tag Out Procedures Archives - Mine Safety Center

First published by Safety+Health an NSC publication.

Arlington, VA — Spurred by numerous fatalities related to the hazards of working near belt conveyors, the Mine Safety and Health Administration has issued a safety alert.

Published on Sept. 3, the alert states that eight fatalities involving belt conveyors have occurred in the industry since Jan. 26, 2017. Six involved miners working near a moving conveyor, and two occurred during maintenance on an idle conveyor.

“All of these fatalities could have been prevented with proper lockout/tagout and blocking against motion before working,” the alert states.

MSHA details the most recent incident, which occurred in December and remains under investigation. A miner was fatally injured after removing a splice pin from a mainline conveyor that was caught between the belt and frame of the belt tailpiece.

The agency lists multiple best practices for working safely near belt conveyors, including:

  • Identify, isolate and control stored mechanical, electrical, hydraulic and gravitational energy.
  • Effectively block the belt conveyor to prevent movement in either direction.
  • Relieve belt tension by releasing energy at the take up/belt storage system. Remember: Some tensile energy might still exist.
  • Position belt splice in an area of safe access to avoid pinch points.
  • De-energize electrical power, and lock and tag the main disconnect before beginning maintenance. Permit only the person who installed a lock and tag to remove them – and only after completing the work.
  • Never lock out start and stop controls or belt switches, as they don’t disconnect power conductors.

McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Please contact us today at 888-758-4757 to learn how we can provide mine safety training and consulting for your business.