Expansion and Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25

Expansion And Extension Of The Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25
First published by Arizona Trucking Association.

Yesterday, FMCSA announced that they have expanded and extended the Emergency Declaration that was set to expire on December 31st. This extension includes the same regulatory relief for motor carriers and drivers providing direct assistance in support of relief efforts related to COVID-19, as included in the September 11th modified and extended declaration. The primary change with this current declaration is the inclusion of vaccine transportation.

The expanded declaration published today is limited to the transportation of:

  1. Livestock and livestock feed;
  2. Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
  3. Vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
  4. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants, and;
  5. Food, paper products and other groceries for emergency restocking of distribution centers or stores. 

Please note, this expanded declaration became effective at 12:00 A.M. December 1st, and expires on February 28th, 2021.

As with previous declarations, emergency regulatory relief is provided from parts 390 through 399 of the FMCSRs, including the hours-of-service regulations. Emergency relief does not include certain FMCSR’s related to the safe operation of CMVs, such as controlled substance and alcohol testing, financial responsibility requirements, CDL requirements, operation of a CMV while ill or fatigued, size and weight requirements, and additional FMCSR’s which are outlined in the declaration.

We encourage everyone to review the applicability, restrictions, and limitations which are included in the exemption posted to the FMCSA’s website and below.

Expansion and Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

MSHA – Mine Fatality #23

First published by MSHA.

MINE FATALITY – On Oct. 27, 2020, a miner was digging a hole to install a wooden post for roof control when a section of the roof fell on him.

Accident scene when a section of the roof fell on the victim
Best Practices:
  • Thoroughly examine the roof, face, and ribs where people will be working and traveling, including sound and vibration testing where applicable.
  • Scale loose roof and ribs from a safe location. Prevent access to hazardous areas until appropriate corrective measures can be taken.
  • Set temporary support before installing permanent support.
  • Be alert for changing conditions and report abnormal roof or rib conditions to mine management and other miners.
  • Know and follow the approved roof control plan and provide additional support when cracks or other abnormalities are detected. Remember, the approved roof control plan contains minimum requirements.
  • Propose revisions to the roof control plan to provide measures to control roof hazards.
Additional Information:

This is the 23rd fatality reported in 2020, and the first classified as “Fall of Roof or Back.”


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 Labor Announces Proposed Rule Adopting Standards For Electric Motor-Driven Mine Equipment and Accessories

First published by Safety+Health an NSC publication.

Arlington, VA — A recently proposed rule from the Mine Safety and Health Administration would revise testing, evaluation and approval regulations for mine equipment and accessories powered by electric motors intended for use in environments with gases.

The proposed rule, published in the Nov. 19 Federal Register, would establish a one-year transition period in which mine operators may use equipment and accessories that satisfy either 14 voluntary consensus standards or the existing MSHA approval requirements.

Mine operators would thereafter be required to “use the consensus standards for equipment and accessories covered by consensus standards,” a Nov. 18 agency press release states. MSHA contends the proposal is aimed at promoting the use of advanced technologies that will foster improved mine safety and health, as well as enhance the efficiency and effectiveness of the agency’s approval process.

“MSHA believes that a 12-month transition period will provide manufacturers, approval holders and applicants enough time to make design and build changes necessary to meet the required specifications of the VCS for new applications,” the proposed rule states.

The American National Standards Institute, the International Electrotechnical Commission, the International Society of Automation and UL LLC developed the VCS outlined in the proposed rule, which covers equipment such as:

  • Portable two-way radios
  • Remote control units for mining machinery
  • Longwall mining systems
  • Portable oxygen detectors
  • Miner-wearable components for proximity detection systems
  • Powered air-purifying respirators

The National Mining Association supports the proposed rule.

“The industry has long advocated for updates to the standards, which limit companies’ ability to use the latest available technologies to create safer mine environments,” NMA President and CEO Rich Nolan said in a Nov. 18 press release. “Current standards have resulted in a backlog of superior technologies awaiting MSHA approvals, even as those technologies are being used successfully in mines elsewhere around the world or by other occupations in the U.S.

“The proposed updates will allow us to provide the best available protection for miners through a more efficient and effective process. Put simply, this translates into people being safer sooner.”

Comments are due Dec. 21.


McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

December is National Impaired Driving Prevention Month

First published by Get Smart About Drugs.

Drugged Driving—What You Should Know

Check out a few key frequently asked questions and answers about drug-impaired driving below.

Blurred nighttime road from perspective of a drugged driver

What is drug-impaired driving? Driving under the influence of over-the-counter medications, prescription drugs, marijuana, or illegal drugs.

How common is drug-impaired driving?  In 2019, 13.7 million people (ages 16 and older) drove after using illicit drugs. Of that total,12.8

million people were under the influence of marijuana (2019 National Survey on Drug Use and Health: Detailed Tables).

This is an increase from 2018 when 12.6 million people (aged 16 and older) admitted to driving after using drugs.

In 2016, 44 percent of drivers in fatal car crashes (with known results) tested positive for drugs, according to a report entitled “Drug-Impaired Driving: Marijuana and Opioids Raise Critical Issues for States” by the Governors Highway Safety Association. This is up from 28 percent in 2006.
man with pills behind the wheelWhy is drug-impaired driving dangerous? Over-the-counter (OTC) medications and drugs

affect the brain and can alter perception, mental processes, attention, balance, coordination, reaction time and other abilities required for safe driving. Even small amounts of some drugs can have a serious effect on driving ability.

A national survey showed 22.5% of nighttime weekend drivers tested positive for illegal, prescription, or OTC drugs that can impair driving. (Drug-Impaired Driving: A Guide for States, April 2017. NHTSA 2014 Drug-Impaired Driving Survey)
What substances are used the most when driving? After alcohol, marijuana is the most commonly used drug. (Source: National Institute of Drug Abuse)

What happens when you use drugs and drive? Marijuana can decrease a person’s ability to drive a car. It slows reaction time, impairs a driver’s concentration and attention, and reduces hand-eye coordination. It is dangerous to drive after mixing alcohol and marijuana. Driving after using prescription drugs or over-the-counter medicine, such as cough suppressants, antihistamines, sleeping aids, and anti-anxiety medications may impair driving ability.

Read More


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

 

MSHA – Mine Fatality

First published by MSHA.

MINE FATALITY – On August 21, 2020, a truck driver sustained fatal head injuries while he was deploying the automatic tarp on his fifth-wheel side-dump trailer.

Fatality scene where a truck driver sustained fatal head injuries while he was deploying the automatic tarp on his fifth-wheel side-dump trailer
Best Practices:
  • Install and use constant pressure electrical switches to deploy/retract automatic trailer tarps.
  • Inspect and maintain tarping systems routinely to ensure tarping systems function properly.
  • Install signs warning of the hazard of standing near trailers while automatic tarps are deployed/retracted.
  • Train miners on proper tarping techniques to understand the hazards associated with the work being performed.
Additional Information:

This is the sixth fatality classified as “Machinery” since August 21, 2020.


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 #22

First published by MSHA.

MINE FATALITY – On October 19, 2020, an excavator’s bucket struck a plant operator who was standing on the cross beam of a grizzly hopper screen.

Accident scene where an excavator’s bucket struck a plant operator who was standing on the cross beam of a grizzly hopper screen
Best Practices:

•   Never swing buckets over work areas or operator’s compartments.
•   Maintain communication between equipment operators and miners on the ground.
•   Maintain control of equipment while it is in operation.
•   Train miners to safely perform their tasks.

Additional Information:

This is the 22nd fatality reported in 2020, and the seventh classified as “Machinery.”


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.

NIOSH approves first elastomeric half-mask respirator without an exhalation valve

NIOSH-logo.jpg

First published by Safety+Health an NSC publication.

Washington — NIOSH has approved – for both personal protection and source control – the first elastomeric half-mask respirator without an exhalation valve.

In a Nov. 16 agency news brief, NIOSH acknowledges concerns that filtering facepiece respirators and EHMRs with exhalation valves “may allow unfiltered exhaled air to escape into the environment,” compromising the equipment’s effectiveness to protect others if the wearer has COVID-19.

NIOSH notes that exhalation in EHMRs without exhalation valves is possible because the equipment’s particulate filters meet agency requirements, “thereby allowing it to also serve as a means of source control since it will maintain the high level of filtration upon exhalation.”

NIOSH published in the Sept. 14 Federal Register a Request for Information on the deployment and use of EHMRs in health care settings and emergency medical services organizations during the COVID-19 pandemic. The initial comment period was slated to end Oct. 14, but the agency extended it to Dec. 14.

Noting EHMRs’ low cost, ease of use, and ability to be cleaned and decontaminated, NIOSH anticipates the widespread use of the respirators will ease the demand for single-use N95 respirators in health care settings that are experiencing high numbers of COVID-19 cases.


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.

Tips for Roadside Inspections

Roadside Inspection Card.

First published by J.J. Keller.

During a Roadside Inspection, many situations may arise in which officers have questions. Below are some scenarios and some talking points drivers can use in these situations. Above this article is a button for the Roadside Inspection Card which contains information on how to perform data transfers or use the display method for a roadside within the application.  This card is an in-cab requirement and should be with the driver at all times in the vehicle.

Missing Data in the Officer’s View of the Logs

Politely ask the officer to check the display in the roadside mode of the Encompass® ELD application to verify the data is actually missing. The data may be missing from the transferred data due to power down/power up timing compared to the entry time, but visible in the display (the missing data is in the device, it just wasn’t bundled with the data sent to e-rods due to the power down/power up timing).

  • Note: If the data is not in the transferred data and is also not in the display, it is missing and it is a violation.

Missing VIN

Politely mention to the officer that VIN is only required if the device is able to access it on the vehicle’s database (since it is not appearing in the ELD records, it was not available).

Missing Engine Hours/Miles

Politely point out to the officer that these entries are not required if the duty change took place away from the vehicle or the duty change took place when the vehicle was powered down.

Politely ask the officer to check the display as there are times it does not come through to the transferred data due to the power down/power up timing.

Location Does Not Match GIS Formatting

Politely point out that drivers are allowed to manually enter locations if the device cannot automatically determine the location.

The Officer is Unable to Receive Data

Determine if there is cellular/data connectivity.  If not, point this out to the officer and attempt to establish connectivity.

Politely ask the officer if he/she has connectivity and to verify that e-rods is functioning.

Politely ask the officer to check the display method in the roadside mode to verify all required data is present and to determine any missing data may have stopped e-rods from allowing the transfer to take place.

The Officer is Talking About Placing the Driver Out-of-Service Due to the Data Not Transferring

Politely point out to the officer that under the North American Out-of-Service Criteria, the only time a driver is to be put out of service due to the data not transferring is if the driver ALSO cannot provide the display to the officer. As long as the driver can present the display in the roadside mode, the officer should not place the driver out of service if a transfer is not successful.


McCraren Compliance can help you understand and comply with FMCSA, DOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

job-related-stress.jpg

First published by Safety+Health an NSC publication.

COVID-19 has changed the way we all work. Some of us never stopped physically going to work, while others have been working remotely since mid-March. No matter where we are, working during a pandemic has added stress to our daily lives. How you deal with this stress can positively or negatively affect your well-being.

Some of the symptoms of COVID-19-related stress, according to the Centers for Disease Control and Prevention, include concern about being exposed to the disease at work, taking care of your loved ones while you’re working, managing a change in workload, and uncertainty about the future of your workplace or employment.

Manage job stress by following these tips from CDC:

  • Communicate with your co-workers about job stress while maintaining physical distancing.
  • Identify factors that cause you stress, and work together with your colleagues to develop solutions.
  • Increase your sense of control by creating a consistent daily routine when you can. If you work from home, set a regular time to stop working each day.
  • Stick to a regular sleep schedule. The National Sleep Foundation recommends seven to nine hours of sleep a night for adults.
  • Take breaks from work to stretch, exercise or check in with your co-workers, family and friends.
  • Get active: Spend time outdoors, either exercising or relaxing.
  • Ask your supervisor or human resources department about the mental health resources your organization offers.
  • During non-work hours, spend time doing activities you enjoy.
  • Connect with others. Talk with people you trust about your concerns, how you’re feeling or how the COVID-19 pandemic is affecting you.
  • Take breaks from watching or reading news stories. Hearing about the pandemic repeatedly can be upsetting and mentally exhausting.

For more information, go to sh-m.ag/3k6mGeR.


McCraren Compliance assists employers in protecting their workers, starting with a comprehensive Work-site Analysis, Hazard Prevention, Controls, and Safety & Health Training.

Parking lot safety

parking-lot.jpg
First published by Safety+Health an NSC publication.

Parking lots can be a safety risk for workers, especially with the sun setting earlier during the winter months.

When you’re returning to your vehicle, always try to walk with a co-worker or security officer, the Canadian Center for Occupational Health and Safety recommends. Then, give your escort a ride back to the building. Other tips:

  • Park in a highly visible and well-lit area near your building.
  • If you park in a garage, look for a spot near the parking attendant, if there is one, or near the stairs or a well-lit exit.
  • Use the main building entrance – avoid rear or secluded exits.
  • Have your keys out and ready as you approach your vehicle.
  • Don’t approach anyone loitering near your vehicle. Walk to a safe place or go back inside your workplace, and then call the police.
  • Lock the doors and keep the windows rolled up once you’re in the vehicle.

If you have to walk alone, follow these five tips:

  • Have a co-worker watch you from a window.
  • Wave to them on the way to your vehicle.
  • Wave even if no one is watching to give the illusion that someone is watching you return to your vehicle.
  • Always be alert to your surroundings. Keep your head up and look around.
  • Don’t wear headphones or talk on the phone. These devices can create distractions.

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.