Month: December 2021

OSHA: The First 50 Years

Posted on by McCraren Compliance

First published by OSHA

US Department of Labor’s Occupational Safety and Health Administration releases video
highlighting 50 years of protecting America’s workers, ensuring safer workplaces

WASHINGTON – Fifty years ago, the U.S. Department of Labor’s Occupational Safety and Health Administration began to fulfill the mission that led to its creation – to ensure safe and healthful working conditions for every worker in America.

To help OSHA mark its first 50 years of transforming the safety and health of workplaces nationwide, the agency has released a video that commemorates major accomplishments and important events throughout its history. Secretary of Labor Marty Walsh, Assistant Secretary for Occupational Safety and Health Douglas Parker and past agency assistant secretaries provide commentary, and reflect on the agency’s past and continued mission.

“At the core of our work is the fundamental right for all workers to be protected on the job and empowered to speak up about unsafe conditions,” said Assistant Secretary for Occupational Safety and Health Douglas Parker. “As we look ahead to the next 50 years, we must continue working hard to ensure that every worker – no matter what job they do or what language they speak – has the protections they need and deserve.”

OSHA invites the public to visit the OSHA at 50 webpage to learn more about the agency’s 50 years of progress in workplace safety and health.

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.

Bipartisan Infrastructure Law Implementation for FMCSA

Posted on by McCraren Compliance

First published by FMCSA

Dramatic image of 18 wheeler in a tunnel

Authorization of Appropriations

  • Section 23001(a) adds General Operating Expense (GOE) contract authority for Fiscal Years (FYs) 2022-2026.
  • Section 23001(b) provides contract authority for grant programs for FYs 2022-2026 years.
    • Adds a year of performance to the Motor Carrier Safety Assistance Program (MCSAP) and provides Commercial Motor Vehicle Operator Safety Training (SET) grants a 5-year period of performance.
    • Continues to allow enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles (CMV), provide the number of motor carrier safety activities, including roadside safety inspections, conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State, but updates the FYs from 2004 and 2005  to 2014 and 2015.
  • P 2642 adds General Fund authority (advanced appropriations/supplemental appropriations) for FMCSA GOE and Grant programs with a 4-year period of availability for new obligations. Once funds are obligated, the periods of performance for grantees above and within 49 U.S.C. section 31104(f) apply.

Grant Programs & Funding

  • Combatting Human Trafficking
    • Increases emphasis on the prevention and detection of human trafficking as a priority for the High Priority (HP) CMV grant program and is now allowable under FMCSA’s MCSAP, HP CMV, and Commercial Driver’s License Program Implementation (CDLPI) grants and FMCSA’s Outreach programs.
  • Immobilization Grant Program
    • Establishes a grant program under HP CMV to provide discretionary grants to States to immobilize or impound passenger carrying CMVs that are determined to be unsafe or fail inspection.
    • Requires the Secretary to work with States to develop a list of safety violations that would warrant the immediate immobilization or impoundment of a passenger carrying CMVs.
  • State Enforcement Training and Support (SET)
    • Establishes a new State Partners training grant program to be funded at 100% with a period of performance of 5 years.
    • The grant program will provide discretionary grants for nonprofit organizations to provide training to non-Federal employees who conduct CMV enforcement activities and to develop related training materials. Read More»

View:  Bipartisan Infrastructure Law: Impacts for FMCSA Grant Programs

McCraren Compliance can help you understand and comply with FMCSA, USDOT 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.

Did you know that the fatal injury rate for Hispanic or Latino workers rose in 2020?

Posted on by McCraren Compliance
First published by OSHA
Did You Know?
The fatal injury rate for all workers declined in 2020, but the rate for Hispanic or Latino workers rose. It was the only race or ethnic group shown on the chart below to see an increase. To learn more about fatal occupation injuries, see “Census of Fatal Occupational Injuries Summary, 2020.” CFOI reports fatal workplace injuries only; it does not report any illness related information, including COVID-19.
¿Sabías?
La tasa de lesiones mortales para todos los trabajadores disminuyó en 2020, pero la tasa de los trabajadores hispanos o latinos aumentó. Fue la única raza o grupo étnico que aparece en el gráfico siguiente que vio un aumento. Para saber más sobre las lesiones ocupacionales mortales, consulte el “Resumen del Censo de lesiones ocupacionales mortales, 2020.” (en inglés) CFOI sólo informa de las lesiones mortales en el lugar de trabajo; no comunica ninguna información relacionada con las enfermedades, incluido el COVID-19.
Chart showing rate of fatal work injuries by race or ethnic origin, 2019-20The fatal work injury rate for all workers was 3.4 fatalities per 100,000 full-time equivalent (FTE) workers, down from 3.5 in 2019. In the same time period, the fatal work injury rate for Hispanic or Latino workers rose to 4.5 per 100,000 full-time equivalent (FTE) workers, up from 4.2 and was the only race or ethnic group to see an increase in the fatal work injury rate out of the groups shown in the chart.

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.

Clearinghouse Annual Queries

Posted on by McCraren Compliance

First published by FMCSA

FMCSA homepage link
Clearinghouse Questions Answered

                                                                       Photo: FMCSA

ANNUAL QUERIES: Are you up-to-date?

Employers of CDL drivers must conduct a query in the Clearinghouse at least once per year for each CDL driver they employ (for more details on employer requirements, see 49 CFR 382.701). A limited query satisfies the annual query requirement. The annual query is tracked on a rolling 12-month basis, which means that if you conducted your last annual queries in December 2020, it is time to conduct your next round of queries.

Log in to the Clearinghouse and visit your Query History page (under My Dashboard > Queries) to see if your annual queries are due. For instructions on conducting annual queries, download the How to Conduct a Limited Query job aid.

What do employers need to do to satisfy the annual query requirement?Employers must obtain a general consent from CDL drivers they employ before conducting limited queries in the Clearinghouse to view these drivers’ information (you can download a sample limited query consent form). Employers may obtain a multi-year general consent from the driver for limited queries; if an employer obtained such a consent in 2020, the employer does not need to obtain the driver’s consent again in 2021.

Employers can  log in to the Clearinghouse and conduct annual queries today.

What if an employer conducted a pre-employment query within the past 12 months?The pre-employment query satisfies the annual query requirement for that driver. Employers are not required to query the driver until one year after that pre-employment query. To learn more about queries and consent requests, download the Queries and Consent Requests Factsheet.

What is a query plan?

Before an employer can conduct queries in the Clearinghouse, the employer must purchase a query plan. Download the  How to Purchase a Query Plan job aid for full instructions.
LOG IN TO THE CLEARINGHOUSE →

McCraren Compliance can help you understand and comply with FMCSA, USDOT 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.

Enforcement of OSHA’s COVID-19 ETS to begin Jan. 10

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Cincinnati — The 6th U.S. Circuit Court of Appeals upheld OSHA’s emergency temporary standard on COVID-19 vaccination, testing and masking, with a 2-1 decision issued Dec. 17.

The decision ends a stay issued by the New Orleans-based 5th Circuit on Nov. 12 and means the implementation and enforcement of the ETS can move forward.

The 6th Circuit was chosen to consider a consolidated challenge to the ETS via a lottery, conducted by the Judicial Panel on Multidistrict Litigation on Nov. 16 after 27 petitions were filed for review in 12 appeals courts.

According to a Dec. 18 press release, OSHA won’t issue citations “for noncompliance with any requirements of the ETS” before Jan. 10 and won’t issue citations for testing requirements before Feb. 9, “so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.” Additionally, the agency will provide compliance assistance to covered employers.

“OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace,” the release states.

Hours after the decision was handed down, 27 states and “a long list of companies and organizations” filed an appeal with the Supreme Court, according to a press release from South Carolina Attorney General Alan Wilson’s office.

“This case does not present the question whether vaccines or vaccine mandates are wise or desirable,” the release states. “Instead, it presents the narrow questions whether OSHA had authority to issue the mandate and whether it lawfully exercised whatever authority it had. After all, ‘our system does not permit agencies to act unlawfully,’ even during a pandemic and ‘even in pursuit of desirable ends.’”

OSHA published the ETS in the Nov. 5 Federal Register, giving employers with 100-plus employees 30 days to develop, implement and enforce a mandatory COVID-19 vaccination policy – or provide a policy that gives workers the choice to get vaccinated or undergo weekly COVID-19 testing.

Covered employees had an initial deadline of Jan. 4 to become fully vaccinated, or begin weekly testing and wear a face covering while indoors or in a vehicle “with another person for work purposes.”

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.

Conducting self-inspections: Two methods

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Inspections are an important part of any workplace safety and health management system. Described in a video from the Maryland Occupational Safety and Health Division of Labor and Industry as the practice of “identifying unsafe conditions through observations and testing of the work environment,” inspections can cover housekeeping, emergency alarms, electrical hazards, machine guarding and chemical hazards.

One method is a daily informal inspection. The video offers an example: An employee can start their workday by inspecting their work area for slip, trip or fall hazards. “A supervisor or manager may then follow up with the employee regarding what was found.”

A formal inspection is another method. This type of inspection could be conducted weekly, monthly or quarterly. What makes it “formal”? It should be performed by experts who are knowledgeable in the subject matter and have the ability to recognize unsafe conditions. Inspecting complex machinery, for example, should always be conducted as a formal inspection, Maryland DLI says.

Once an inspection is completed, “an authorized individual should ensure corrections are made in a timely manner.” If a long-term solution is needed, Maryland DLI recommends putting interim controls in place. If an issue is severe, workers should be removed depending on the level of severity.

To help increase accountability and worker trust in your safety and health management program, share findings from inspections via bulletin boards in common areas and during safety meetings, or by sending emails or texts.

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.

Perform façade work safely

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

The first rule of performing façade work while on a scaffold: Don’t do it unless you’ve completed scaffold safety training, warns a recent worker alert from the New York City Department of Buildings.

“Façade work performed on scaffolding can be extremely dangerous,” the alert states, “and proper care must be taken at all times to prevent death or serious injury.”

To help ensure safety when doing façade work, follow this guidance from the department:
Know your equipment. Workers need to be trained before stepping onto a scaffold.
Wear fall protection. Employers are required to provide fall protection when workers are on a supported scaffold with no guardrails, or anytime work is being performed on an adjustable suspended scaffold. “Wearing a harness is not enough,” the department says. “You must be tied off to a secured lifeline for it to work.”
Use extreme care when removing coping stones. “Do not remove the coping stone or any stones used to cap freestanding walls unless directed by your supervisor.”
Parapet walls should be demolished from the coping down. Don’t demo individual bricks or masonry blocks – remaining wythes may become unstable. Make sure that remaining parapet walls adjacent to demolition will not become unstable.
Look for loose material. “Alert your supervisor immediately if you notice a parapet, cornice, chimney or other brickwork that is loose or seems like it could fall off the building.” Tiebacks need to be properly anchored.
Secure tarps. Don’t lean any items such as debris bags or construction materials against the parapet wall. “Tarps and other temporary weather protection must be secured at the end of the work shift so they cannot be accidentally dislodged or come loose.”

One final piece of advice: “Do not work on a suspended scaffold that has a stand-off bracket.”

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 to hold public hearing on proposed rule to improve safe use of mobile, powered-haulage mining equipment

Posted on by McCraren Compliance

First published by MSHA

WASHINGTON – The U.S. Department of Labor will reopen the rulemaking record and hold a virtual public hearing on Jan. 11, 2022, on the Mine Safety and Health Administration’s proposed rule for Safety Program for Surface Mobile Equipment to improve safe usage of mobile, powered-haulage equipment. This proposed rule is one of several actions MSHA has taken to reduce fatal and nonfatal injuries involving surface mobile equipment used at mines, and to improve safety and health.

On Sept. 9, 2021, MSHA published the proposed rule that would require mine operators employing six or more miners to develop a written safety program for mobile and powered haulage equipment (excluding belt conveyors) at surface mines and surface areas of underground mines.

In response to a public request, MSHA will hold the hearing and reopen the comment period until Feb. 11, 2022, to receive additional comments and data from stakeholders on the proposed rule.

To speak during the virtual public hearing, register by Jan. 10, 2022, at 5 p.m. EST.

Read the proposed rule for Safety Program for Surface Mobile Equipment.

Agency

Mine Safety & Health Administration
Date: December 17, 2021
Release Number 21-2120-NAT

Contact: Denisha Braxton
Phone Number 202-693-5061
Email braxton.denisha.l@dol.gov

Contact: Mandy McClure
Phone Number 202-693-4675
Email McClure.Amanda.C@dol.gov

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.

BLS: On-the-job deaths at lowest level in seven years

Posted on by McCraren Compliance
First published by Safety+Health an NSC publication
Photo: Bureau of Labor Statistics

Washington — A total of 4,764 workers died as a result of on-the-job injuries in 2020 – a 10.7% decrease from the year before and the lowest number of fatalities since 4,585 were recorded in 2013, according to Census of Fatal Occupational Injuries data released Dec. 16 by the Bureau of Labor Statistics.

Additionally, the overall rate of fatal workplace injuries decreased slightly, to 3.4 per 100,000 full-time equivalent workers in 2020 from 3.5 the previous year.

Other highlights:

  • More than 1 out of 5 workplace fatalities in 2020 involved Hispanic or Latino workers. The 1,072 deaths among this group represent 22.5% of all workplace fatalities.
  • The 541 deaths among Black workers marks a 14.7% decrease from the previous year.
  • Transportation-related fatalities fell 16.2% to 1,778 while accounting for 37.3% of all fatal work-related injuries.
  • Nearly half of fatal occupational injuries (47.4%) involved workers in transportation/material moving and construction and extraction occupations.
  • Workers in health care support occupations experienced 44 fatal injuries – a 15.8% increase from 2019.
  • Worker suicides fell to 259 in 2020 from 307 the previous year – a 15.6% decrease and the lowest total for on-the-job suicides since 2015.

BLS included additional clarification on the COVID-19 pandemic, stating, “CFOI reports fatal workplace injuries only. These may include fatal workplace injuries complicated by an illness such as COVID-19.” CFOI doesn’t report illness-related information, however, including that for COVID-19.

The data release is the second of two annual BLS reports. The first, released Nov. 3, examined nonfatal injuries and illnesses among private-sector employees.

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.

NHTSA Announces $260 Million in Grants for Highway Safety Programs Made Possible by the Bipartisan Infrastructure Law

Posted on by McCraren Compliance

First published by USDOT

Today, the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) announced the release of nearly $260 million in highway safety grants. These grants, part of the funding included in the Bipartisan Infrastructure Law, were distributed to Highway Safety Offices in all 50 states, the District of Columbia, United States territories, and the U.S. Department of the Interior’s Bureau of Indian Affairs. The funds will help address the traffic safety crisis on America’s roads by helping states and territories support a broad array of traffic safety priorities. When full-year distributions are completed, the Bipartisan Infrastructure Law will increase the funding available for these vital life-saving programs by 31% over the previous fiscal year’s levels.

“Traffic crashes take the lives of too many Americans, but these tragedies are not inevitable, and we will not accept them as part of everyday life,” said U.S. Transportation Secretary Pete Buttigieg. “Bolstered by additional funding from President Biden’s Bipartisan Infrastructure Law, these grants will save lives by improving safety on America’s roadways.”

The $133.3 million in State and Community Highway Safety Program (Section 402) funds will enhance highway safety by supporting data-driven traffic safety programs in the states. These programs include initiatives such as high-visibility enforcement campaigns and other safe driving campaigns, as well as enforcement of and education about state laws on seat belt use and risky driving. In addition, the funding will help improve traffic records and support programs on the proper use of child safety seats, including inspection stations where caregivers can confirm the proper installation of their child safety seats.

NHTSA is providing an additional $123.4 million to states and eligible territories through the National Priority Incentive Programs (Section 405). These funds include nearly $70 million for impaired driving countermeasures; $19 million for state traffic safety information systems to help states build databases related to crashes; more than $17 million for occupant protection including seat belt education and enforcement; more than $9 million for distracted driving prevention; $6.6 million for pedestrian and bicyclist safety programs; and $2 million for motorcyclist safety.

“The variety of funds available allows each state to target its specific challenges,” said NHTSA Deputy Administrator Dr. Steven Cliff. “Traffic safety may be a national problem, but the solutions are regional and local.”

This funding is part of over $13 billion in funding for roadway safety programs in the Bipartisan Infrastructure Law, including a $6 billion new Safe Streets for All discretionary grant program. The Department will release its first ever National Roadway Safety Strategy in January to lay out policies and issue a call to action to officials at all levels of government and stakeholders across sectors to help reduce traffic fatalities and injuries.

McCraren Compliance can help you understand and comply with FMCSA, USDOT 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.