Month: May 2022

2022 Trench Safety Stand Down

Posted on by McCraren Compliance
First published by Safety+Health an NSC publication

trenching.jpg

Fairfax, VA — The National Utility Contractors Association, in partnership with OSHA, is calling on employers involved in trench work to participate in the seventh annual Trench Safety Stand Down.

Set to take place June 20-24, the stand-down is aimed at raising awareness of the dangers of trenching and excavation, as well as promoting the use of protective systems such as sloping, shoring and shielding. OSHA’s standard on trenching and excavation (1926.650, Subpart P) requires protective systems for trenches that are 5 feet or deeper, unless the excavation occurs in stable rock.

OSHA warns that trench collapses are “rarely survivable” because a cubic yard of soil can weigh as much as 3,000 pounds. Citing OSHA data, NUCA says 17 workers died in trench incidents in 2018.

The stand-down, which is part of Trench Safety Month, is geared toward “anyone who wants to prevent trenching and excavation hazards in the workplace.” NUCA encourages various occupations to get involved, including those employed in utility, residential and highway construction, as well as plumbers and safety equipment manufacturers. Free online tools, including checklists, fact sheets and videos, are available on the NUCA website.

“NUCA and the utility construction industry members must seek out every measure possible to reduce risks on our jobsites, which we all know can be a dangerous place to work if someone is unaware of its hazards,” NUCA says. “Time and time again, evidence shows that the key to significantly reducing the risks associated with our industry is employee training and reinforcement through events such as the TSSD Week.”

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 extends comment period on speed-limiter proposal

Posted on by McCraren Compliance
First published by Safety+Health an NSC publication

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Photo: Missouri Department of Transportation Flickr

Washington — Responding to stakeholder requests, the Federal Motor Carrier Safety Administration (FMCSA) has extended until July 18 the comment period 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.

As outlined in a notice published in the May 27 Federal Register, the extension provides interested parties additional time to submit responses. The initial deadline was June 3.

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

FMCSA offers multiple 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?
    FMCSA extended comment period on speed-limiting

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.

June is National Safety Month

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Every June, the National Safety Council celebrates National Safety Month – an observance intended to raise awareness about keeping each other safe, from the workplace to anyplace. Throughout the month, NSC will release free resources with the goal of helping you create and maintain a culture of safety at your workplace. The resources reflect weekly themes. They are:

  • Week 1: Musculoskeletal disorders
  • Week 2: Workplace impairment
  • Week 3: Injury prevention
  • Week 4: Slips, trips and falls

Watch for four special mini episodes of our “On the Safe Side” podcast also built around the weekly themes.

To learn more about National Safety Month, go to nsc.org/nsm.

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.

OSHA is extending the comment period on Arizona’s occupational safety and health program

Posted on by McCraren Compliance

First published by OSHA

OSHA is extending Arizona's occupational

Photo: OSHA

OSHA is extending the public comment period to July 5 on the agency’s proposed reconsideration and revocation of Arizona’s State Plan for Occupational Safety and Health. July 5 is also the new deadline for submitting written testimony or a notice of intention to appear at the public hearing on this issue tentatively scheduled for August 16. OSHA extending Arizona’s occupational

State Plans are OSHA-approved workplace safety and health programs operated by individual states or U.S. territories. State Plans are monitored by OSHA and must be at least as effective as OSHA in protecting workers and in preventing work-related injuries, illnesses, and deaths.

OSHA amplía hasta el 5 de julio el periodo de comentarios públicos sobre la propuesta de reconsideración y revocación del Plan Estatal de Seguridad y Salud en el Trabajo de Arizona. El 5 de julio es también la nueva fecha límite para presentar testimonios por escrito o un aviso de intención de presentarse en la audiencia pública sobre esta cuestión, prevista en principio para el 16 de agosto.

Los planes estatales son programas de seguridad y salud en el lugar de trabajo aprobados por OSHA y gestionados por estados o territorios de Estados Unidos. Los planes estatales son supervisados por OSHA y deben ser al menos tan eficaces como OSHA en la protección de los trabajadores y en la prevención de lesiones, enfermedades y muertes relacionadas con el trabajo.

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.

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 offering more than $10.5M in safety grants

Posted on by McCraren Compliance

First published by MSHA

Grants support underserved mines, miners

WASHINGTON, DC – The U.S. Department of Labor’s Mine Safety and Health Administration today announced the availability of more than $10.5 million in fiscal year 2022 state grant funding to provide federally mandated training and retraining of miners and mine operators working at surface and underground coal and metal and nonmetal mines.

Any state in which mining takes place may apply for the grant. MSHA may fund 80 percent of the program costs under a state grant, and the state must provide at least 20 percent of the total program costs.

The closing date for applications is July 25, 2022. MSHA will award grants on or before Sept. 30, 2022.

MSHA recognizes that state training programs are a key source of mine safety and health training and education for individuals who work or will work at mines. MSHA encourages state training programs to prioritize training for small mining operations and underserved mines and miners within the mining industry. The agency also emphasizes training on miners’ statutory rights provided in the Federal Mine Safety and Health Act of 1977, as amended.

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.

CVSA Releases Results from 2022 Human Trafficking Awareness Initiative

Posted on by McCraren Compliance

First published by CVSA

DOT's Counter-Trafficking Initiative

Photo: U.S. Department of Transportation

This year, the Commercial Vehicle Safety Alliance (CVSA) launched its new annual three-day Human Trafficking Awareness Initiative. All three of the Alliance’s member countries – Canada, Mexico and the U.S. – participated in this awareness and outreach effort to educate commercial motor vehicle drivers, motor carriers, law enforcement officers and the general public about human trafficking.

Taking into consideration each country’s existing human trafficking awareness dates, CVSA’s Human Trafficking Awareness Initiative was set for different dates in each country. In the U.S., the three-day initiative took place Jan. 11-13. In Canada, it took place Feb. 22-24. And in Mexico, it was March 15-17.

CVSA jurisdictions recorded human trafficking awareness and outreach data and submitted that data to the Alliance. For the 2022 North America-wide Human Trafficking Awareness Initiative:

  • 35 jurisdictions participated.
  • 2,460 individual law enforcement officers/troopers/inspectors participated.
  • There were 163 reported events (possible indicators of human trafficking or documented cases).
  • 13,274 wallet cards were distributed.
  • 6,355 window decals were distributed.
  • 1,818 presentations were delivered.
  • There were 640 media contacts.

The United Nations defines human trafficking as the recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception with the aim of exploiting them for profit. Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world, including North America. Human traffickers often use violence or fraudulent employment agencies and fake promises of education and job opportunities to trick and coerce their victims.

After a successful launch year and input from jurisdictions during the CVSA Human Trafficking Prevention program committee meeting at the CVSA Workshop, the CVSA Board of Directors voted to extend the initiative from three days to five days next year. Next year’s Human Trafficking Awareness Initiative is scheduled for Jan. 9-13, 2023, in the U.S.; Feb. 20-24, 2023, in Canada; and March 13-17, 2023, in Mexico.

“The fight to end human trafficking does not end now that the three-day Human Trafficking Awareness Initiative has concluded,” said CVSA President Capt. John Broers with the South Dakota Highway Patrol. “We remain fully committed to educating the public, every day of the year, about the crime of human trafficking, the signs to look for and what to do if you suspect someone is being trafficked. Our ultimate goal is to eradicate human trafficking entirely.”

Truckers Against Trucking (TAT) collaborated with CVSA on the launch of the human trafficking education and awareness campaign. Training materials were developed and available for industry and law enforcement use. In addition, CVSA worked with TAT to provide an online order form for jurisdiction members to order TAT wallet cards and/or window decals, which are now available year-round.

To find out what your local jurisdiction is doing to increase human trafficking awareness throughout the year, contact the agency/department responsible for overseeing commercial motor vehicle safety within your state, province or territory.

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.

Fraterville Mine Disaster

Posted on by McCraren Compliance

First published by MSHA

MSHA remembers Fraterville Mine Disaster
Photo property of MSHA

On May 19, 1902 the worst mine disaster in Tennessee history happened at the Fraterville mine. Early in the morning, a coal dust explosion sent debris and toxic methane gas belching from the air flow shaft and out of the mouth of the mine. Of 216 men and young boys working in the mine that day, 190 were killed instantly. In an attempt to close out the deadly gas, the remaining 26 barricaded themselves into a deeper mine passage. Sadly, the men passed away of asphyxiation hours later. Before their tragic passing, they composed notes to their loved ones on the passage walls.

The small town of Fraterville was devastated by the loss and still recall that tragic day 120 years later. To commemorate this event, the Coal Creek Community erected an exhibit that can be seen at the Lenoir Museum located in Norris Dam State Park in Tennessee.

Today we remember and honor the miners who lost their lives at the Fraterville mine, and we remain committed to our mission to prevent death, illness, and injury from mining and promote safe and healthy workplaces for the industry’s greatest resource – miners.

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 Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

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

Posted on by McCraren Compliance
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

Posted on by McCraren Compliance

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.