FMCSA final rule amends trucker hours-of-service regulations

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Washington — The Federal Motor Carrier Safety Administration has unveiled a highly anticipated final rule the agency claims will add flexibility to hours-of-service regulations for commercial truck drivers.

Under the rule, announced in a May 14 agency press release and slated to take effect 120 days after publication in the Federal Register, FMCSA will:

  • Change the short-haul exception to 150 air miles from 100, and 14 hours on duty from 12, to be consistent for rules with long-haul truck drivers.
  • Extend the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions.
  • Revise the current mandatory 30-minute break for truck drivers after eight hours of continuous driving.
  • Reinstate the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks equipped with sleeper berth compartments.

On the heels of multiple delays, FMCSA published a proposed rule in the Aug. 22 Federal Register and set an initial comment deadline of Oct. 7. The comment period later was extended to Oct. 21. FMCSA weighed nearly 8,200 comments on the proposed rule and, on March 2, submitted the proposal to the White House Office of Management and Budget for review.

The final rule does not include a proposed provision that would have allowed covered commercial motor vehicle operators one rest break of up to three consecutive hours during every 14-hour on-duty period.

Secretary of Transportation Elaine Chao addressed the final rule in a May 14 video published to the Department of Transportation’s YouTube channel.

“These new commonsense rules give truckers more options when planning their days,” Chao says. “They will help drivers reach their destination safely without feeling like they’ve got to race against the clock to comply with federal mandates. They will also help truckers get the rest they need when they need it. When safety rules make sense, drivers are better able to comply, and that benefits everyone.”

Stakeholder Meetings on Examination of Working Places in Metal and Nonmetal Mines Final Rule

The Mine Safety and Health Administration (MSHA) announced the dates and locations of five public stakeholder meetings on the standards for examinations of working places in metal and nonmetal mines that became effective on September 30, 2019.

At the meetings, MSHA will provide training and compliance assistance materials to attendees.

Date

Location

Contact           

October 29, 2019
9 a.m.

DoubleTree by Hilton Hotel Dallas – Market Center
2015 Market Center Blvd
Dallas, TX 75207

214-741-7481

November 7, 2019
1:30 p.m.

Renaissance Birmingham Ross Bridge
4000 Grand Ave
Birmingham, AL 35226

205-916-7677

November 12, 2019
1:30 p.m.

DoubleTree by Hilton Hotel Bloomington
10 Brickyard Dr
Bloomington, IL 61701

309-664-6446

November 14, 2019
9 a.m.

Hilton Garden Inn Denver Tech Center
7675 E Union Ave
Denver, CO 80237

303-770-4200

November 21, 2019
9 a.m.

Hilton Garden Inn Pittsburgh Downtown
250 Forbes Ave
Pittsburgh, PA 15222

412-281-5557

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OSHA Approves New Respirator Fit Testing Protocols to Protect Workers From Airborne Contaminants

WASHINGTON, DC – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today issued a final rule that provides employers with two new fit testing protocols for ensuring that employees’ respirators fit properly.

The new protocols are the modified ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators, and the modified ambient aerosol CNC quantitative fit testing protocol for filtering facepiece respirators.  Both protocols are variations of the original OSHA-approved ambient aerosol CNC protocol, but have fewer test exercises, shorter exercise duration, and a more streamlined sampling sequence.

These two quantitative methods add to the four existing in Appendix A of OSHA’s Respiratory Protection Standard, which contains mandatory respirator fit-testing protocols that employers must choose from to protect employees from hazardous airborne contaminants. The rule does not require employers in general industries, shipyard employment, and construction to update or replace their current fit testing methods, and does not impose additional costs.

The rule becomes effective September 26, 2019.

Final Rule to Improve Tracking of Workplace Injuries and Illnesses

March 2, 2019, is the deadline for electronically reporting your OSHA Form 300A data for calendar year 2018. Collection will begin January 2, 2019.

OSHA published a Final Rule to amend its recordkeeping regulation to remove the requirement to electronically submit to OSHA information from the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) for establishments with 250 or more employees that are required to routinely keep injury and illness records. Covered establishments are only required to electronically submit information from the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). The requirement to keep and maintain OSHA Forms 300, 300A, and 301 for five years is not changed by this Final Rule.

Remember, not all establishments are covered by this requirement. To review which establishments need to provide their data, click here.

U.S. Department of Labor Issues Final Rule to Protect Privacy of Workers

To protect worker privacy, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a final rule that eliminates the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA each year. These establishments are still required to electronically submit information from OSHA Form 300A (Summary of Work-Related Injuries and Illnesses). Continue reading »