New federal requirements for CDL applicants coming in February

Applicants must be trained by a registered provider

Beginning Feb. 7, 2022, the Federal Motor Carrier Safety Administration(link is external) (FMCSA) will require new commercial driver license (CDL) applicants and those seeking to upgrade their CDL to receive training from a certified organization on the national registry of Entry-Level Driver Training (ELDT) providers(link is external).

ELDT training includes curriculum in three areas: theory, range and road. To process and issue a CDL, the Arizona Department of Transportation Motor Vehicle Division will need to validate that an applicant has completed these training requirements.

This requirement impacts drivers attempting to:

  • Obtain a Class A or Class B commercial driver’s license (CDL) for the first time.
  • Upgrade an existing Class B CDL to a Class A CDL.
  • Obtain a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time.

The ELDT regulations are not retroactive and do not apply to individuals holding a valid CDL or an S, P, or H endorsement issued prior to Feb. 7, 2022.

If an organization or business currently trains its drivers and is interested in becoming a certified training provider on the national registry, visit tpr.fmcas.dot.gov(link is external) to learn how to register as a provider.

For more information, visit azdot.gov/CDL.

ADOT MEMO


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.

US Department of Labor initiates rulemaking to protect workers, outdoors and indoors, from heat hazards amid rising temperatures

First published by OSHA

Coincides with Biden-Harris administration interagency effort to protect workers, communities

Record-breaking heat in the U.S. in 2021 endangered millions of workers exposed to heat illness and injury in both indoor and outdoor work environments. Workers in outdoor and indoor work settings without adequate climate-controlled environments are at risk of hazardous heat exposure, and workers of color are exposed disproportionately to hazardous levels of heat in essential jobs across these work settings.

In concert with a Biden-Harris administration interagency effort and its commitment to workplace safety, climate resilience and environmental justice, the U.S. Department of Labor’s Occupational Safety and Health Administration is publishing an Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings on Oct. 27, 2021. Currently, OSHA does not have a specific standard for hazardous heat conditions and this action begins the process to consider a heat-specific workplace rule.

“As we continue to see temperatures rise and records broken, our changing climate affects millions of America’s workers who are exposed to tough and potentially dangerous heat,” said U.S. Department of Labor Secretary Marty Walsh. “We know a disproportionate number of people of color perform this critical work and they, like all workers, deserve protections. We must act now to address the impacts of extreme heat and to prevent workers from suffering the agony of heat illness or death.”

The Advance Notice of Proposed Rulemaking will initiate a comment period to gather diverse perspectives and expertise on topics, such as heat-stress thresholds, heat-acclimatization planning and exposure monitoring.

“While heat illness is largely preventable and commonly underreported, thousands of workers are sickened each year by workplace heat exposure, and in some cases, heat exposure can be fatal,” said Acting Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick. “The Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings is an important part of our multi-pronged initiative to protect indoor and outdoor workers from hazardous heat.”

Heat is the leading cause of death among all weather-related workplace hazards. To help address this threat, OSHA implemented a nationwide enforcement initiative on heat-related hazards, is developing a National Emphasis Program on heat inspections and forming a National Advisory Committee on Occupational Safety and Health Heat Injury and Illness Prevention Work Group to provide a better understanding of challenges and identify, and share best practices to protect workers.

Read the Federal Register notice for submission instructions. Beginning Oct. 27, submit comments at www.regulations.gov, the Federal e-Rulemaking Portal and refer to Docket No. OSHA-2021-0009. All comments must be submitted by Dec. 27, 2021.

Read the President Biden’s statement on Mobilizing the Administration to Address Extreme Heat.


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.

Create opportunities for worker engagement in safety

First published by Safety+Health an NSC publication
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A key principle of OSHA’s Safe + Sound campaign is “worker participation.” (The others: “find and fix hazards” and “management leadership.”) OSHA defines worker participation as “engaging workers at all levels in establishing, implementing, evaluating and improving safety and health in the workplace so that workers understand they are a valuable partner in making their workplace safer and are encouraged to communicate with management about hazards on the job.”

OSHA recommends employers ask for and listen to feedback when building a workplace safety and health program. “Creating opportunities for open dialogue encourages workers to raise safety and health concerns or report a work-related injury or illness without fear of retaliation.”

Other steps:

  • Be present. Implement an open-door policy so workers know they can talk to you about safety and health concerns during work hours.
  • Invite your workers to a safety discussion listening session.
  • Set up a physical or virtual suggestion box that workers can use to relay safety and health concerns.
  • Host a celebration or ceremony to recognize workers who make safety contributions, or invite them to have lunch with your CEO, president or other leaders to discuss safety.
  • Involve workers when setting annual safety and health goals. For example, invite them to “help research, brainstorm and decide on the appropriate targets.” Ensure workers at all levels of your organization can participate, regardless of skill level, status or education. Provide translation if needed.

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.

Don’t get struck

First published by Safety+Health an NSC publication

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Although most states enforce some type of “move over” law, which requires drivers to move over one lane or reduce speed when passing law enforcement on the side of the road, struck-by incidents are still happening.

More than 200 law enforcement officers were struck and killed between 2005 and 2019, according to NIOSH.

Officers can help lower their risk of being struck when responding to a road situation. Follow these tips from NIOSH:
Maintain situational awareness. “Keep your head on a swivel,” don’t turn your back to moving traffic and don’t walk in the gap between vehicles. Also, “always have an escape plan.”
Wear protective clothing. When exiting a patrol vehicle, put on an ANSI-approved high-visibility safety vest. This helps drivers see you.
Follow standard operating procedures. Your agency should have SOPs on temporary traffic control zones.
Understand the incident command structure. “Work collaboratively with other responders.”


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.

Ladders and overhead power lines

First published by Safety+Health an NSC publication
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From 1992 to 2005, at least 154 workers were killed after a metal ladder they were using came in contact with an overhead power line, according to Bureau of Labor Statistics data cited in a recent NIOSH review.

“As part of the site safety program and orientation,” NIOSH says, “make supervisors and workers aware of power line distances from work areas, including ladder length and ladder staging areas. Use site diagrams to communicate this information and ground-level signs or taped markers to remind workers of overhead power line locations.”

To help prevent injuries and fatalities, NIOSH recommends workers:

  • Look up. You need to know the location of overhead power lines before starting any job. “Always assume all overhead lines are energized and dangerous,” the agency says.
  • Don’t use metal ladders when working around or near overhead power lines.
  • Carry a ladder horizontally and in a lowered position when moving it. If a ladder is too long for one person to carry, ask for help.
  • Follow the 1:4 rule: “For every 4 feet between the ground and the upper point where a ladder is resting, set the feet of the ladder out 1 foot horizontally. For example, if the ladder is resting on the edge of a roof 16 feet above the ground, the bottom of the ladder should be 4 feet out from that edge.”
  • Don’t touch or go near a person or ladder that has come in contact with an overhead power line.

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.

MSHA won’t mandate COVID-19 vaccines, testing, acting administrator says

First published by Safety+Health an NSC publication

Arlington, VA — The Mine Safety and Health Administration will not require COVID-19 vaccination or weekly negative testing at the nation’s mines, Jeanette Galanis, MSHA deputy assistant secretary for policy and acting administrator, said during a Sept. 29 stakeholder conference call.

Galanis called the Federal Mine Safety and Health Act of 1977 “one of the strongest worker protection acts in the world.” Under the act, MSHA can issue hygiene citations and temporarily shut down mine operations at facilities in which the coronavirus is found to be spreading, a provision “very different” than the Occupational Safety and Health Act of 1970, under which OSHA operates. An emergency rule under development by OSHA will require employers with at least 100 workers to ensure full vaccination or weekly negative testing of their workforce.

Galanis and other agency officials on the call pointed to updated guidance, issued by MSHA in March, that advises mine operators at coal, metal and nonmetal mines to establish a virus protection program or augment an existing one. Best practices include:

  • Conduct a hazard assessment of the mine site.
  • Identify various measures that help limit the spread of COVID-19 in mines.
  • Adopt measures to ensure miners who are infected or potentially infected are separated and sent home.
  • Implement anti-retaliation measures for miners who raise concerns related to COVID-19.

The guidance also includes recommendations on the use of personal protective equipment, physical distancing strategies, improving ventilation, effective hygiene and routine cleaning.

“We must be able to inspect mines during COVID,” Galanis said, “and so our mine inspectors are doing their jobs and getting out there and trying to be as careful as possible.”


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.

COVID-19 whistleblowing

First published by Safety+Health an NSC publication

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New fact sheet from OSHA

Washington — A new fact sheet from OSHA details protections for employees who report workplace health and safety concerns related to COVID-19, and includes other relevant information for whistleblowers.

Section 11(c) of the Occupational Safety and Health Act of 1970 contains anti-retaliation provisions for all employers except most federal, state and local government workers. U.S. Postal Service employees, however, are covered.

Activities related to COVID-19 that are protected include reporting an infection/exposure or unsafe condition to an employer or OSHA. The fact sheet provides examples of retaliation, including being fired or laid off.

OSHA notes that, under the OSH Act, the deadline for filing a retaliation complaint is 30 days after an employee “learns of the adverse action.” It also details what happens after a complaint is filed, what to do about a “dangerous situation” at work and what happens after a Section 11(c) investigation.

If an OSHA regional administrator dismisses the complaint, the employee may seek a review of the dismissal by the Directorate of Whistleblower Protection Programs by filing a request within 15 calendar days of receiving the dismissal letter.


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.

Three states at risk of losing OSHA State Plan status over COVID-19 rules: reports

First published by Safety+Health an NSC publication

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Washington — OSHA has warned Arizona, South Carolina and Utah to adopt their own version of the agency’s emergency temporary standard on COVID-19 for health care workers or face possible revocation of their State Plan status, according to multiple reports.

The Occupational Safety and Health Act of 1970 permits OSHA to grant approval to states that want to manage their own workplace safety and health program. One stipulation for approval, however, is that the states’ safety standards are “at least as effective” as federal standards. State standards can be stricter than federal OSHA’s standards but not weaker.

OSHA issued the ETS in June, and most of OSHA’s State Plans, along with Puerto Rico, have followed suit. Under the ETS, State Plan programs were to have adopted the rules by July 21. Arizona, South Carolina and Utah have not met the deadline. OSHA reportedly has sent “courtesy letters” to notify the states of the agency’s intent to begin the revocation process and place them back under federal jurisdiction.

The next step is publication, in the Federal Register, of OSHA’s proposed revocation of State Plan status (for each state) followed by a 35-day comment period, according to a document posted on former OSHA Deputy Assistant Secretary Jordan Barab’s website, Confined Space.

Barab writes that the agency’s action is “a shot across the bow of any state that is considering not adopting the forthcoming OSHA ETS” on COVID-19 vaccination/testing. That ETS will apply to employers with at least 100 workers to ensure full vaccination or weekly negative testing of their workforce. It is undergoing a required review by the White House Office of Information and Regulatory Affairs.

“This is clearly a preemptive strike by the federal government,” South Carolina Gov. Henry McMaster (R) posted on his Twitter account. “With no state regulators in the way, the federal Labor Department will be free to penalize employers who do not comply with President Biden’s unconstitutional vaccine mandate.”

In a follow-up post, McMaster notes that he has instructed the director of the state’s Department of Labor, Licensing and Regulation “to begin immediate preparations for a vigorous and lengthy legal fight.”

In an Oct. 19 press release, Utah Gov. Spencer Cox (R) indicates that he, Nebraska Gov. Pete Ricketts (R) and Wyoming Gov. Mark Gordon (R) sent a letter to Labor Secretary Marty Walsh on July 21 to address their concerns about the health care-related ETS.

“States do not have regulatory authority to require employers to pay their employees sick leave,” Cox says in the release.

In a separate Oct. 19 release, Arizona Gov. Doug Ducey (R) called OSHA’s warning “nothing short of a political stunt” and a “desperate power grab.”

Ducey says the Industrial Commission of Arizona is “actively engaged in a public input process” on a state ETS on COVID-19 and vows to fight any revocation of its State Plan status. In 2017, Arizona and OSHA tussled over ICA’s reclassification of violations and reduction in penalties for certain employers.


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.

US Department of Labor seeking nominations for newly reestablished Federal Advisory Council on Occupational Safety and Health

First published by OSHA

Advises Secretary on workplace safety for federal workers

The U.S. Department of Labor is seeking nominations for membership for the newly reestablished Federal Advisory Council on Occupational Safety and Health, which advises the Secretary of Labor on all matters relating to the occupational safety and health of federal employees.

Secretary of Labor Marty Walsh reauthorized the council’s two-year charter on Oct. 1, 2021, to begin the process of reestablishing the 16-member council. Specifically, its members advise the Secretary on how to reduce the number of injuries and illnesses in the federal workforce, and how to encourage each federal Executive Branch department and agency to establish and maintain effective occupational safety and health programs.

The department is committed to equal opportunity in the workplace and seeks broad-based and diverse council members. By charter, eight members will represent management in federal departments and agencies, and eight members will represent federal employees. The Secretary appoints members for staggered terms of up to three years and may appoint some members to successive terms. The council meets at least twice a year.

Read the Federal Register notice for submission instructions. Submit nominations electronically, and refer to Docket No. OSHA-2021-0010 at www.regulations.gov, the Federal eRulemaking Portal. Submit nominations by Nov. 1, 2021. OSHA anticipates filling all vacancies by December 2021.


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.

MSHA – Mine Fatality #28

First published by MSHA

MINE FATALITY – On October 1, 2021, a 25-year-old miner was fatally injured when he entered a surge bin used as a feed hopper and was engulfed by material.

Accident scene where a 25-year-old miner was fatally injured when he entered a surge bin used as a feed hopper and was engulfed by material
Photo property of MSHA
Best Practices:
  1. Design surge bins and feed hoppers to prevent blockages.  Equip bins and hoppers with mechanical devices or other effective means of handling material, so miners are not required to enter or work inside bins and hoppers.
  2. Provide a safe means of access that allows miners to conduct tasks, such as removing large rocks and other material, safely.
  3. Ensure handrails and gates are substantially constructed, properly secured, and free of defects.
  4. Don’t stand on material stored in bins.  Material stored in a bin can bridge over the hopper outlet, creating a hidden void beneath the material’s surface.
  5. Establish policies and procedures to remove blockages in bins and hoppers safely.  Train and ensure miners follow these policies and procedures.
  6. Wear an appropriate safety harness, lanyard, and lifeline, and make sure these are maintained, in good condition, and securely anchored.  Assign another miner to constantly monitor and adjust the lifeline, as needed.
Additional Information:

This is the 28th fatality reported in 2021, and the third classified as “Handling Material.”


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.