FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Eric G. Burke to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce.  Mr. Burke was served the Federal order on May 13, 2022.

On May 18, 2020, Mr. Burke submitted to a pre-employment control substance test while seeking employment with Lentzcaping, Inc. On May 29, 2020, the Medical Review Officer notified Mr. Burke that his test results had been verified as positive for Marijuana Metabolites and that he was prohibited from operating CMVs.  Mr. Burke was also referred to a Substance Abuse Professional (SAP) for evaluation, education, and treatment pursuant to 49 CFR Part 40.  Mr. Burke ignored the prohibition on his operation of CMVs and the requirement to undergo a SAP evaluation, and instead continued to drive in interstate commerce.  On one of these trips, he was placed out-of-service for possession of alcohol while operating a CMV; on another trip, he was placed out-of-service for possession of marijuana after a single-vehicle CMV crash.

Mr. Burke is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse.

FMCSA’s imminent hazard order states that Mr. Burke “failed to exercise an appropriate duty of care to the motoring public while operating a CMV. Specifically, you ignored FMCSRs relating to alcohol and controlled substances use and possession, medical certification, and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to you and the motoring public if not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $2,072.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Eric G. Burke is available here.


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.

ANSI/ISEA Standard on Workplace First Aid Kits Gets Update

First published by Safety+Health an NSC publication

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Image: Michael Sharkey

Arlington, VA — Consider the uniqueness of the work environment, and the types of potential injuries, when determining if additional first aid supplies are needed on a jobsite.

That’s a suggestion within the recently revised American National Standards Institute/International Safety Equipment Association standard Z308.1, which OSHA cites as a recommended, nonmandatory source of guidance for minimum first aid kit requirements. ANSI/ISEA Z308.1-2021 was approved April 15 and goes into effect Oct. 15. The previous update took place in 2015.

“Of course, getting in compliance sooner [rather] than later is good because these changes are meant to improve safe outcomes for employees,” Todd VanHouten, chair of ISEA’s first aid product group, said during a May 12 webinar that explored changes to the standard.

Among the highlights:
More specificity for tourniquets: The equipment intended to prevent blood loss should be at least 1.5 inches wide and be effective for limb sizes 7-33 inches round.
Making foil blankets mandatory: This measure was enacted after assessing similar international standards and recognizing “the multiple purposes that the item can serve to respond to first aid emergencies.”
Further guidance on bleeding control kits: These “contain more advanced first aid supplies to immediately treat life-threatening external bleeding,” ISEA says.

Additionally, the revision includes a “more robust discussion” to assist employers when assessing risks and identifying potential hazards to select additional first aid supplies. The standard calls on employers to consider:

  • What are the potential hazards?
  • What kinds of injuries have occurred or could occur in relation to these hazards?
  • What types of first aid supplies are needed to treat these injuries?

The revision retains the classification of “Class A” and “Class B” kits, introduced in the Z308.1-2015 update and based on the quantity and assortment of supplies. Class A kits generally are suitable for all wounds, minor burns and eye injuries. Class B kits are intended to treat injuries more often found in densely populated workplaces with complex and/or high-risk environments, such as warehouses, factories and outdoor areas.

“Employers should check their first aid cabinets against the new standard and make the necessary changes,” ISEA says. “In determining which class of kit is more appropriate for a given workplace, employers should conduct a workplace hazard assessment to first decide if a Class A or Class B minimum fill best fits the type of hazards at the facility.”

Employers are encouraged to inspect first aid kits “at least monthly” or “following a first aid incident when product is used,” and to disinfect cabinet surfaces regularly.


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.

Federal appeals court unanimously rules Kentucky mine operator illegally gave advance notice of inspection to miners underground

First published by MSHA

 

WASHINGTON – A federal appeals court has ruled unanimously that the operator of a Muhlenberg County, Kentucky, coal mine violated the federal Mine Safety and Health Act more than a decade ago by giving underground miners advance notice that mine inspectors were conducting an inspection.

The 6th Circuit Court of Appeals’ decision on May 11, 2022, is the latest action in long-standing litigation involving an incident on April 20, 2012, at the Paradise No. 9 mine, operated by KenAmerican Resources Inc.

During a statutorily required inspection, U.S. Department of Labor Mine Safety and Health Administration inspectors were monitoring a phone used to contact miners underground when, as they prepared to descend, they overheard someone down in the mine ask the dispatcher on the surface level if they “have company outside,” to which the dispatcher responded affirmatively.

MSHA inspectors then issued a citation to KenAmerican Resources Inc. for providing advance notice of an inspection. Federal law prohibits mine operators from such notice.

The mine operator appealed the citation, arguing the law against giving advance notice of an inspection does not apply to mine operators. They also argued that they had only provided advance notice that MSHA was “at the mine,” and had not provided advance notice of an inspection. The operator also argued the citation violated their free-speech rights.

“The 6th Circuit has reaffirmed that KenAmerican Resources Inc.’s actions violated federal law,” said Solicitor of Labor Seema Nanda. “Mine workers are safer when federal inspectors can see mine conditions as they exist on a day-to-day basis, not when conditions have been altered to avoid violations.”

In its decision, the court rejected all arguments made to challenge the citation and held that the law plainly prohibits operators from providing advance notice. The court also found the case’s facts clearly show the mine’s operator provided advance notice that MSHA inspectors were conducting an inspection.

“Our statutorily mandated inspections are at the heart of the Mine Safety and Health Administration’s enforcement program. This decision affirms MSHA’s ability to conduct inspections without interference from mine operators as Congress intended,” said Assistant Secretary for Mine Safety and Health Christopher J. Williamson.


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.

International Roadcheck Starts Today

First published by CVSA

Today is the first day of International Roadcheck, the Commercial Vehicle Safety Alliance’s (CVSA) three-day commercial motor vehicle and driver inspection and compliance enforcement initiative. Certified inspectors in Canada, Mexico and the U.S. will conduct inspections of commercial motor vehicles and drivers over a 72-hour period. Drivers or vehicles with out-of-service violations will be prohibited from continuing their trip until the violations are resolved.

International Roadcheck started in 1988 and is a high-volume, high-visibility commercial motor vehicle inspection and enforcement initiative spotlighting the hard work and commitment to safety of certified inspectors, commercial motor vehicle drivers and motor carriers. Since International Roadcheck’s start, more than 1.8 million commercial motor vehicles have been inspected.

Each year, CVSA highlights a certain aspect of the roadside inspection. This year, the  will be on wheel ends. Violations involving wheel end components historically account for about one quarter of the vehicle out-of-service violations discovered during International Roadcheck, and past International Roadcheck data routinely found wheel end components in the top 10 of vehicle violations.

“Inspectors throughout North America will be at inspection and weigh stations, at temporary pop-up inspection sites, and patrolling our roadways during the three days of International Roadcheck as well as every other day of the year,” said CVSA President Capt. John Broers with the South Dakota Highway Patrol. “CVSA-certified inspectors will inspect commercial motor vehicles and their drivers to ensure large trucks and motorcoaches and the trained professionals who drive them are operating safely and are in full compliance with federal regulations.”

During International Roadcheck, inspectors will primarily conduct a , which is a thorough 37-step procedure to check the driver’s operating credentials and requirements and the vehicle’s mechanical fitness and regulatory compliance.

For the driver portion of an inspection, inspectors check the driver’s operating credentials, hours-of-service recording device/documentation and seat belt usage. Inspectors will also be on the lookout for alcohol and/or drug impairment. A driver will be placed out of service if an inspector discovers driver-related out-of-service conditions.

For the  of a Level I Inspection, inspectors will check the vehicle’s brake systems, cargo securement, coupling devices, driveline/driveshaft components, driver’s seat, exhaust systems, frames, fuel systems, lighting devices, steering mechanisms, suspensions, tires, van and open-top trailer bodies, wheels, rims, hubs and windshield wipers. Inspections of motorcoaches, passenger vans and other passenger-carrying vehicles also include emergency exits, electrical cables and systems in the engine and battery compartments, and seating. Vehicles with violations that meet the out-of-service criteria will be placed out of service until the violations are corrected.

Vehicles that successfully pass a Level I or Level V Inspection without any critical vehicle inspection item violations may receive a . In general, vehicles with a CVSA decal are not  during the three-month period during which the decal is valid. Instead, inspectors will focus their efforts on vehicles without a valid CVSA decal.

Instead of a Level I Inspection, inspectors may conduct a Level II Walk-Around Driver/Vehicle Inspection, Level III Driver/Credential/Administrative Inspection or Level V Vehicle-Only Inspection. Level I and V Inspections are the only inspections that may result in a CVSA decal.

 is a CVSA program with participation by the U.S. Federal Motor Carrier Safety Administration, the Canadian Council of Motor Transport Administrators, Transport Canada, and Mexico’s Ministry of Infrastructure, Communications and Transportation and the National Guard.


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.

MSHA Videos Focus on Attentiveness, Safety Training

First published by Safety+Health an NSC publication

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Photo: US Department of Labor

Arlington, VA — New videos from the Mine Safety and Health Administration highlight the importance of remaining attentive to job tasks and completing proper safety training.

MSHA recorded 37 miner deaths in 2021 after six straight years in which fewer than 30 miners died on the job. The agency, on social media and via its recently launched Take Time, Save Lives campaign, has expressed concern over “an increase in fatalities and injuries.”

As of May 10, MSHA has reported 12 miner deaths this year, including three each related to powered haulage and machinery.

“Mining fatalities, accidents and injuries are preventable,” MSHA says in one of the videos. “Taking a minute to approach your task safely can protect you and your fellow miners from injury and death. Staying alert and focused can keep you safe. Do it safe, do it right. Whether buckling a seat belt or securing equipment, these quick safety measures can prevent injuries and fatalities.”

In a second video, the agency calls on employers and mine operators to provide relevant training to workers.

“Effective training is key to accident prevention,” the video says. “Always ensure miners are trained on safe work procedures in a language they understand. Develop step-by-step procedures and review them with all miners before they perform non-routine maintenance tasks.”

The videos remind industry stakeholders of additional resources offered by the agency – including videos, training guides and handbooks – and encourage them to visit MSHA’s website for more information.


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 #6

First published by MSHA

MINE FATALITY – On January 28, 2022, while driving downhill, the 56 year-old driver of a concrete mixer truck was fatally injured after he lost control of the truck.  The truck overturned and the driver was ejected from the truck.  Another miner, who was in the truck, was also ejected and suffered serious injuries.

Accident scene while driving downhill, the 56 year-old driver of a concrete mixer truck was fatally injured after he lost control of the truck.
Photo: MSHA
Best Practices: 
  • Each shift, inspect mobile equipment before placing it into operation.  Correct defects that pose a hazard to miners.  Tag out mobile equipment that can’t be corrected.
  • Assure brakes can stop and hold mobile equipment with its typical load on the maximum grade it travels.
  • Always wear seat belts when operating mobile equipment.
  • Maintain control of mobile equipment and drive at safe speeds.
Additional Information:

This is the sixth fatality reported in 2022, and the second classified as “Powered Haulage.”


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 #7

First published by MSHA

MINE FATALITY – On February 14, 2022, a 34 year-old maintenance technician died while driving a lube truck underground.  The truck over traveled the edge of a stope and fell approximately 60 feet into the stope drift.

Accident scene where a 34 year-old maintenance technician died while driving a lube truck underground.
Photo: MSHA
Best Practices:
  • Provide berms, bumper blocks, safety hooks, or similar impeding devices at dumping locations where there is a hazard of over travel.
  • Examine working places before work begins for conditions that may adversely affect safety and health
Additional Information:

This is the seventh fatality reported in 2022, and the third classified as “Powered Haulage.”


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.

FMCSA renews proposal for speed limiters on large trucks and buses

First published by Safety+Health an NSC publication
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Photo: Missouri Department of Transportation Flickr

Washington — The Federal Motor Carrier Safety Administration is moving forward with – and seeking comment on – a proposed rule that would require the installation of speed-limiting devices on trucks, buses and multipurpose passenger vehicles weighing more than 26,000 pounds.

According to an advance notice of supplemental proposed rulemaking published in the May 4 Federal Register, the proposal expands upon a 2016 joint proposal from the National Highway Traffic Safety Administration and FMCSA. The latter is the sole agency listed on the proposed rule, which doesn’t specify a top speed. The 2016 proposed rule suggested capping speeds at 60, 65 or 68 mph.

FMCSA offers a number of questions on which stakeholders may comment, including:

  • What percentage of the commercial motor vehicle fleet uses speed-limiting devices?
  • If in use, at what maximum speed are the devices generally set?
  • What training or skill sets are needed for motor carriers’ maintenance personnel to adjust or program electronic engine control units to set speed limits?
  • What equipment or tools are needed to adjust or program/reprogram ECUs? How long would the process take, and where can it be completed?
  • Since publication of the notice of proposed rulemaking in 2016, how has standard practice or technology changed as it relates to the ability to set speed limits using ECUs?

The American Trucking Association backs the proposed rule.

“ATA is pleased that the Federal Motor Carrier Safety Administration is pursuing a constructive, data-driven approach to the issue of truck speed limiters in its latest proposal,” ATA President and CEO Chris Spear said in a press release. “We intend to thoroughly review FMCSA’s proposal, and we look forward to working with the agency to shape a final rule that is consistent with our policy supporting the use of speed limiters in conjunction with numerous other safety technologies.”

Citing data from NHTSA’s Fatality Analysis Reporting System showing that fatal large-truck crashes involving speeding climbed around 50% from 2009 to 2019, the safety advocacy group Citizens for Reliable and Safe Highways said the rule “has the potential to save hundreds of lives every year.”

In May 2021, Reps. Lucy McBath (D-GA) and John Katko (R-NY) introduced legislation (H.R. 3523) that would require the transportation secretary to mandate speed-limiting technology in large CMVs while capping their speed at 65 mph – or 70 mph for vehicles equipped with adaptive cruise control and automatic emergency braking. The bill hasn’t advanced past the House.

The Owner-Operator Independent Drivers Association, meanwhile, contends that the bill will negatively impact safety.

“Studies and research have already proven what we were all taught long ago in driver’s ed classes, that traffic is safest when vehicles all travel at the same relative speed,” OOIDA President and CEO Todd Spencer said in a press release. “Limiting trucks to speeds below the flow of traffic increases interactions between vehicles, which can lead to more crashes.”

Comments are due June 3.


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.

FMCSA Declares Texas Motor Carrier to be an Imminent Hazard to Public Safety

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has declared Jaypur Logistics LLC, USDOT No. 3150073, a motor carrier located in the Houston, Texas area, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on May 7, 2022.

FMCSA identified Jaypur Logistics for investigation based on the carrier’s widespread violations documented by FMCSA and its partners during roadside inspections.  Jaypur Logistics had almost double the national average vehicle out-of-service rate and over five times the national average driver out-of-service rate.  The FMCSA review of Jaypur Logistics found the motor carrier to be egregiously noncompliant with multiple Federal safety regulations, including: Controlled Substances and Alcohol Use and Testing (49 CFR Part 382); Commercial Driver’s License Standards (49 CFR Part 383); Driver Qualification (49 CFR Part 391); Unsafe Driving (49 CFR Part 392); Hours of Service of Drivers (49 CFR Part 395); and vehicle Inspection, Repair, and Maintenance (49 CFR Part 396).

During FMCSA’s investigation, Jaypur Logistics demonstrated a severe lack of oversight of its operations.  It could only identify a fraction of the drivers and vehicles operating under its authority and was not even aware its drivers had hauled hazardous materials.  Jaypur Logistics failed to ensure its drivers were eligible to drive, allowing six drivers who were already prohibited in the FMCSA’s Drug and Alcohol Clearinghouse to operate on its behalf.  Twice Jaypur Logistics’ drivers have been cited for operating under the influence and three times its drivers have been cited for on-duty possession of drugs or alcohol.  Jaypur Logistics did not have a program to detect and deter the use of controlled substances by its drivers, did not have an effective program to ensure its drivers were qualified and licensed, did not have a program to control its drivers’ hours of service, and did not have a program to ensure its vehicles were appropriately inspected and repaired.

FMCSA’s imminent hazard out-of-service order states that Jaypur Logistics’  “…complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893 for each violation.  Jaypur Logistics LLC may also be assessed civil penalties of not less than $11,956 for providing transportation in interstate commerce without operating authority registration, and up to $16,864 for operating a CMV in interstate commerce without USDOT Number registration.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Jaypur Logistics is available here.


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.

The Travel ID will be required in 2023

First published by ADOT

The Travel ID will be required in 2023 at TSA airport checkpoints.

PHOENIX – With one year remaining before the federal deadline for domestic airline travelers to have a federally-compliant ID, the Arizona Department of Transportation Motor Vehicle Division is urging people to consider getting the Arizona Travel ID.

Beginning May 3, 2023, you will need a federally-compliant credential — like the Arizona Travel ID — to get past TSA checkpoints at airports for domestic flights. Without the Arizona Travel ID or other form of federally-compliant identification such as a valid U.S. Passport, fliers risk missing an airline flight because the standard driver license will not be accepted at TSA checkpoints

This credential is distinguished by a gold star in the upper right corner and is available to Arizona residents as a driver license or identification card. Travel ID

2023 might feel like a long way away, but it’ll be here quickly. Join the 1.65 million Arizonans who have already upgraded to the Arizona Travel ID.

You can walk-in to an office for this service, but we suggest scheduling an appointment and that can be done online at azmvdnow.gov. Even if you haven’t activated your AZ MVD NOW account, you can still schedule a Travel ID appointment.

Because the Arizona Travel ID is compliant with the federal standards, you will need to provide extra documentation. This includes:

Proof of identity: a birth certificate or US passport

Social Security Number: just the number, not the card

Two documents proving Arizona residency: rental or bank statements, credit card or cell phone bills in your name with your current Arizona address, etc.

More information, and a full list of qualifying documents are available at azdot.gov/TravelID

 


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.