Month: August 2022

Freight-carrier alliance pushes for federal recognition of hair-sample drug testing

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

Washington — The Federal Motor Carrier Safety Administration is seeking public comment on a freight-carrier alliance petition regarding the use of hair samples as a drug-testing method for commercial motor vehicle drivers.

Under federal regulations, CMV operators must be tested for drugs by urinalysis. According to a notice published in the Aug. 24 Federal Register, the Trucking Alliance, a coalition comprising 11 organizations, is asking FMCSA to amend the definition of an employer’s “actual knowledge” of a driver’s positive drug test – which requires the employer to report the results to the FMCSA Drug and Alcohol Clearinghouse – to include knowledge of a positive hair test.

“We think that every employer should at least know that this person failed a hair test,” Trucking Alliance Managing Director Lane Kidd told Safety+Health. Kidd added that, among the thousands of positive drug tests via hair testing the alliance has recorded through the years, “not one single person has ever filed a lawsuit against the company for falsely accusing them of using drugs.”

In the notice, FMCSA states that it lacks the statutory authority to grant a hair follicle exemption request “until the Department of Health and Human Services has taken certain action.” In September 2021, the Substance Abuse and Mental Health Services Administration, part of HHS, requested comment on proposed guidelines on the use of hair samples as a method for drug testing federal employees and safety-sensitive employees in federally regulated industries, including CMV operators.

FMCSA’s Fixing America’s Surface Transportation Act of 2015 required SAMHSA to report to Congress on its progress in developing and completing guidelines for hair sample drug testing. Congress mandated HHS establish hair-testing guidelines by Dec. 4, 2016, but the department didn’t announce until June 2019 that it had forwarded the proposal to the White House Office of Management and Budget for review.

“We look at the ‘actual knowledge’ argument as one that FMCSA can hang its hat on regardless of if HHS ever proposes guidelines or not, even though Congress has mandated them to,” Kidd told S+H. “We think the ‘actual knowledge’ angle is sufficient, and FMCSA could actually grant the petition, utilize actual knowledge and go forward.”

In its petition, the alliance contends that “public safety is improved through the use of hair testing because drug use is more accurately detected, and drug users are removed from the operation of commercial motor vehicles.”

The American Trucking Associations has long advocated the use of hair samples as a drug-testing method for CMV drivers.

However, in an article published online Aug. 23 in the Owner-Operator Independent Drivers Association’s Land Line magazine, OOIDA Director of Federal Affairs Jay Grimes calls the alliance’s petition “misguided,” citing environmental contamination and variances in hair types among long-standing faults of hair testing.

“Given the many uncertainties and lack of safety improvements from hair testing, there is no sound reasoning for federal agencies to adopt any sort of hair-testing mandate for drivers,” Grimes said. “This is in large part why FMCSA does not have the statutory authority to even grant the exemption, as rightly mentioned in the notice.”

Comments on the petition are due Sept. 23.

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.

National Farm Safety and Health Week set for Sept. 18-24

Posted on by McCraren Compliance

First published by Safety+Health an NSC publication

NFSHW-2022.jpg

Photo: National Education Center for Agricultural Safety

Peosta, IA — A series of daily webinars is planned for National Farm Safety and Health Week, scheduled for Sept. 18-24.

The theme of the 79th annual event is “Protecting Agriculture’s Future.” Around 100 agricultural workers suffer a lost-work-time injury every day in the United States, says the Washington State Department of Labor & Industries, citing NIOSH data.

The 10 free webinars will focus on the health and safety of people working in agriculture. The event will feature daily themes:
Sept. 19: Tractor and rural roadway safety
Sept. 20: Suicide prevention, and heat and wildfire smoke exposure
Sept. 21: Safety and health for youth
Sept. 22: Grain bin safety and confined spaces
Sept. 23: Safety and health for women

National Farm Safety and Health Week has taken place the third week of September every year since 1944, when the National Safety Council coordinated the project. The National Education Center for Agricultural Safety at Northeast Iowa Community College’s Peosta campus later took control of developing and disseminating each year’s campaign materials.

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.

OSHA cites Wauchula labor contractor after 35-year-old farmworker suffers fatal heat illness

Posted on by McCraren Compliance

First published by OSHA

Citrus Harvesting Inc. did not maintain an effective heat illness plan for workers’ safety

DUETTE, FL – A federal workplace safety investigation has found a 35-year-old farmworker died from heat illness on a Duette farm in the early evening of April 5, 2022. It was only his second day on the job.

Inspectors with the U.S. Department of Labor’s Occupational Safety and Health Administration learned the employee of Citrus Harvesting Inc. was harvesting strawberries at 5:45 p.m. when others observed the worker showing signs of disorientation. The worker became unresponsive and later perished after a co-worker took them to a housing unit. Temperatures that day rose to 89 degrees Fahrenheit.

OSHA cited the Wauchula farm labor contractor for two serious violations for exposing workers to hazards associated with high ambient heat and failing to ensure workers were adequately trained on first aid.

Citrus Harvesting did not maintain an effective heat illness prevention plan and neglected to develop a work and rest schedule based on environmental conditions. A work and rest schedule assists new hires in becoming acclimated to working in the heat.

The contractor faces $29,004 in proposed penalties.

“Citrus Harvesting Inc. failed to take reasonable steps to ensure employees assigned to work outdoors in hot temperatures are taking frequent rest and water breaks,” said OSHA Area Office Director Danelle Jindra in Tampa, Florida. “An effective heat illness prevention plan could have prevented this tragedy.”

In September 2021, the department announced enhanced and expanded measures to protect workers from the hazards of extreme heat, indoors and out. OSHA is currently engaged in the federal rulemaking process to consider a heat-specific workplace standard to more effectively protect employees from hazardous heat.

OSHA’s Heat Illness Prevention campaign educates employers and workers on the dangers of heat in the workplace and offers resources to recognize and reduce its hazards.

The company has 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission.

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.

Biden-Harris Administration Takes Significant Step to Bring More Women into Trucking

Posted on by McCraren Compliance

First published by FMCSA

Women of Trucking Advisory Board will focus on solutions to retain and recruit drivers into the industry

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the appointment of members to the Women of Trucking Advisory Board (WOTAB) to recruit, retain, support, and ensure the safety of women commercial motor vehicle (CMV) drivers and strengthen the trucking industry as a whole.

The Women in Trucking Advisory Board includes 16 founding members, all women, with diverse backgrounds and experiences to provide balanced points of view on addressing the challenges facing women in the industry. Of these members, five are current CMV drivers and four are former CMV drivers, others are trainers, executives and authors. WOTAB’s members hail from 11 states and work for small, medium, and large trucking companies and as independent owner-operators, non-profit organizations, trucking business associations, and institutions of higher education. Collectively, WOTAB members have more than 80 years of driving experience with trucks, motorcoaches, and ports and more than 275 years in trucking and other modes of transportation.

WOTAB’s launch is another key initiative mandated by the Bipartisan Infrastructure Law and is part of the Biden-Harris Trucking Action Plan that is focused on improving job quality and recruiting more people into the truck driving profession.

“America needs truck drivers like never before, yet women–half the American people–have long been underestimated and underrepresented behind the wheel and in jobs across this sector. Getting to know women in trucking, I have heard about their passion for the job as well as the challenges they face, and this experienced Women in Trucking Advisory Board will help us address these issues directly,” said U.S. Transportation Secretary Pete Buttigieg. “We thank the members for serving and look forward to working together to bring more women into trucking and to enhance job quality in this important career.”

Recruiting and supporting women in transportation is a key priority for the Biden-Harris Administration. “Women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation jobs,” said FMCSA Deputy Administrator Robin Hutcheson. “We anticipate many great ideas from the advisory board that will help expand equity and safely provide access to careers in trucking for women across the industry.” In March, Hutcheson discussed truck driver challenges firsthand in a ride along with an experienced driver.

WOTAB will coordinate with trucking companies, nonprofit organizations, and trucking associations to support women in trucking. The Board will provide recommendations to the FMCSA Administrator and the U.S. Secretary of Transportation, as well as tackle many issues, including:

  • Evaluating barriers and trends that impact women in trucking across the country and ways to support women pursuing careers in trucking
  • Identifying opportunities to expand roles for women and increase the number of women in the trucking industry
  • Advising on policies that provide education, training, mentorship, or outreach to women in the trucking industry
  • Reviewing opportunities to enhance safety, training, mentorship, and education for women in the trucking industry.

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.

Department of Labor joins with Mexico, Guatemala, El Salvador, Honduras leaders to launch Labor Rights Week 2022 with kick-off event in Washington

Posted on by McCraren Compliance

First published by OSHA

Event to discuss worker equity, inclusion; wage theft, workplace safety, exploitation

WASHINGTON – The U.S. Department of Labor kicked off Labor Rights Week 2022 today with the first in a series of nationwide events at the Consular Section of the Mexican Embassy in Washington. Department representatives met with Ambassador Esteban Moctezuma, Rafael Laveaga, Chief of Consular Section of the Embassy of Mexico, Vanessa Calva, General Director for Consular Protections and Strategic Planning, Jessica Mendoza, Consul General of Guatemala, Lorena Mojica, Vice Consul of El Salvador and Allan Agurcia, Consul from the Consular Section of the Embassy of Honduras.

The meeting marks the start of outreach events throughout the country, sponsored by many U.S. government agencies and U.S. consulates of Mexico and several Central and Latin American countries to raise awareness and inform employers and workers of federal responsibilities and protections. Begun in 2009, Labor Rights Week has grown to include hundreds of local events.

The department’s contingent was led by Assistant Secretary of Labor for Occupational Safety and Health Doug Parker, Wage and Hour Division Principal Deputy Administrator Jessica Looman and Deputy Undersecretary for International Affairs Thea Lee. Equal Opportunity Employment Commission and National Labor Relations Board representatives also participated.

“Labor Rights Week is a time to recommit to our promise of protecting the rights of low-wage and vulnerable workers,” said Wage and Hour Division Principal Deputy Administrator Jessica Looman. “Joining with leaders representing native countries of many of these workers, the U.S. Department of Labor is committed to ensuring employers understand legal responsibilities and that workers know they have protections under to the law to secure their wages, safety and well-being, and to prevent workplace discrimination and harassment.”

“We are working to make sure that all workers, regardless of their citizenship status, the color of their skin, or the language they speak, fully enjoy the right to a safe and healthy workplace,” said Assistant Secretary of Labor for Occupational Safety and Health Doug Parker. “We are committed to embedding equity in our policies and programs so that all workers know their rights and get the protections they deserve.”

“We want to ensure that every person who comes to the United States seeking work has access to good, safe jobs that pay a decent wage and that they do not face any kind of discrimination or harassment – regardless of their immigration status. This is especially important in essential sectors such as agriculture, where many migrant workers pick, process and put food on our table. This means protecting their rights as workers from the time they are recruited in their home country through their time on the job in the U.S. and their return home,” said Deputy Undersecretary for International Affairs Thea Lee. “And, in keeping with our labor commitments under the U.S.-Mexico-Canada agreement, we know that protecting migrant Mexican workers in the U.S. will improve working conditions for all workers, including U.S.-born workers.”

From Aug. 29-Sept. 2, Labor Rights Week events will focus on issues such as wage theft, workplace safety, women’s workplace rights, protections for workers employed under the H-2A and H-2B programs, disability protections and human trafficking.

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.

U.S. Department of Transportation’s Federal Motor Carrier Administration Issues Temporary Hours of Service Exemption in Response to the Unanticipated Shutdown of the BP Whiting Refinery

Posted on by McCraren Compliance

First published by FMCSA

The U.S. Department of Transportation (USDOT) announced today as part of the federal government’s response to the shutdown of the BP Whiting refinery, that the USDOT’s Federal Motor Carrier Safety Administration is taking steps to create more flexibility for motor carriers and drivers. FMCSA is issuing a temporary hours of service exemption that applies to those transporting gasoline, diesel, jet fuel and other refined petroleum products to Illinois, Indiana, Michigan, and Wisconsin.

USDOT’s top priority is safety, and while current circumstances dictate providing industry flexibility, FMCSA has notified and will work closely with its state and industry partners to monitor driver work hours and conditions for the duration of the exemption.

The full text of FMSCA’s action can be found 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.

Labor Rights Week is Aug. 29-Sept. 2

Posted on by McCraren Compliance
First published by OSHA
During Labor Rights Week (Aug. 29-Sep. 2) we emphasize the rights of all workers in the United States to a safe and healthful workplace and full payment of wages earned. The U.S. Department of Labor is committed to improving the well-being of underserved, marginalized and excluded communities and ensuring that all workers’ voices are heard.

Durante la Semana de los Derechos Laborales (del 29 de agosto al 2 de septiembre) hacemos hincapié en los derechos de todos los trabajadores de Estados Unidos a un lugar de trabajo seguro y saludable y al pago íntegro de los salarios ganados. El Departamento de Trabajo de EE.UU. se compromete a mejorar el bienestar de las comunidades desatendidas, marginadas y excluidas, y a garantizar que las voces de todos los trabajadores sean escuchadas.

Labor Rights Week August 29 - September 2 dol.gov/LaborRightsWeek

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.

Appeals court rules Minnesota mine operator ‘flagrantly’ violated Mine Act after elevated walkway collapsed in 2016

Posted on by McCraren Compliance

First published by MSHA

WASHINGTON – A federal appeals court ruled unanimously on Aug. 22, 2022, that the operator of a Lake County, Minnesota, iron ore mine flagrantly violated the federal Mine Safety and Health Act when it directed miners to work on an elevated walkway known to be unsafe for more than a year.

The 8th Circuit Court of Appeals also found two managers employed by Northshore Mining Co. personally liable for the violation and assessed each with a $4,000 fine based on the managers’ lack of effort to encourage repairs despite knowing about the dangerous walkway.

“Protecting the safety and health of our nation’s miners is our highest priority,” said Assistant Secretary for Mine Safety and Health Chris Williamson. “The U.S. Department of Labor will hold mine operators and individuals accountable when they break the law and jeopardize workers’ safety and health. Congress gave Mine Safety and Health Administration the authority to designate serious violations that operators know about but do not try to correct as flagrant, and we will not hesitate to use this authority to ensure that the laws that protect miners are adequately enforced.”

After a series of mine tragedies, Congress passed the Mine Improvement and New Emergency Response Act in 2006, an update to the Mine Act that allowed significant penalties, currently up to $291,234, to be imposed for flagrant violations of mine health and safety standards.

For the first time, the 8th Circuit Court of Appeals considered what constitutes a reckless flagrant violation under the Mine Act. The MINER Act defines a flagrant violation as “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.”

The court determined the Secretary’s definition of “reckless” in the flagrant definition was reasonable and Northshore’s failure to maintain the walkway met that definition. It found the violation occurred because of the operator’s reckless disregard, and the failure to comply with mine safety standards was “unwarrantable.”

The court ordered the Federal Mine Safety and Health Review Commission to assess a civil penalty for the violation considering its flagrant designation.

In June 2015, an independent engineering report commissioned by Northshore noted an elevated walkway at its iron ore processing plant was structurally inadequate and unsafe for use. Mud and debris often covered the walkway, which hid the deficiencies from miners’ view. Management continued sending miners to work on the walkway. In September 2016, a miner working on the walkway about 50 feet above the ground was injured when the walkway collapsed.

Federal law requires mine operators to maintain elevated walkways in good condition and to barricade or post warning signs about hazards that are not immediately obvious. After investigating the accident, MSHA issued enforcement actions for the operator’s failure to comply with each requirement and designated the walkway violation as a flagrant violation. MSHA also held two managers personally liable for knowingly authorizing, ordering, or carrying out the walkway violation.

Rebecca Mullins in the department’s Office of the Solicitor, handled the case before the U.S. Court of Appeals for the 8th Circuit.

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.

Equipment Alert: – Manufacturer Notice – 3M™ Versaflo™ TR-6590N MultiGas/HE Cartridge –

Posted on by McCraren Compliance

First published by MSHA

3M is notifying their customers of the following information related to certain 3M™ Versaflo™ TR-6590N Multi-Gas/HE Cartridge in your possession or control. The TR-6590N cartridges are used with the 3M™ TR-600 and TR-800 Powered Air Purifying Respirator (PAPRs). In recent testing, 3M discovered a potential for some TR-6590N cartridges not to meet the 42 CFR Part 84.179 Silica dust loading test – PAPR Series HE Filtration requirements. This means users of the TR-6590N cartridge may potentially see a reduced particulate filter service life when using an affected cartridge in a high particulate loading environment. Please see the attached 3M advisory notice.

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.

Where to Place Fire Extinguishers

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

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Photo: Jennifer Yario

Are your workplace fire extinguishers in the right place? According to the National Fire Protection Association, employers need to consider two key factors: accessibility and visibility.
Accessible: “Extinguishers should be placed where they are readily accessible in the event of a fire, which typically includes normal paths of travel.”
Visible: “If visual obstructions cannot be avoided, then arrows, lights or signs are needed to help indicate where a fire extinguisher is located.”

Then, depending on the weight of your extinguisher, NFPA has more placement guidelines.

If your extinguisher weighs more than 40 pounds:

  • The top of the extinguisher can’t be more than 3.5 feet from the ground.
  • The bottom of the extinguisher must be at least 4 inches off the ground.

If it weighs less than 40 pounds:

  • The top of the extinguisher can’t be more than 5 feet from the ground.
  • The bottom of extinguisher must be at least 4 inches off the ground.

In both cases, NPFA notes, “this includes extinguishers in cabinets, but it does not include wheeled extinguishers.”

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.