Be Part of the Ultimate Safety & Compliance Community
Trending news, knowledge-building content, and more – all personalized to you!
JOIN TODAY TO CONTINUE READING THIS ARTICLE & OTHER INDUSTRY NEWS!
You'll also get exclusive access to:
A database of easy-to-understand regulationsAsk unlimited questions to our expertsPre-led discussions forumsAnd more
TRY IT FREE TODAY
Already have an account? Log in now.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
FEATURED NEWS
NewsIndustry NewsVideoMonthly Roundup VideoEmployee RelationsHR GeneralistUSAHR ManagementEnglishEmployee RetentionFocus AreaHuman Resources
HR Monthly Round Up - March 2024
In this monthly roundup video, we’ll review the most impactful HR news.
Welcome, everyone! In the next few minutes, we’ll review the latest in HR news. Let’s get started.
The Equal Employment Opportunity Commission announced that it will open the online reporting platform for employers to submit their 2023 EEO-1 data on April 30.
All private-sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, are mandated to annually collect and submit demographic workforce data to the EEOC. The deadline to file is June 4.
In other news, on March 8, a U.S. district judge in Texas blocked the National Labor Relations Board rule for determining joint employer status. The rule had been scheduled to take effect March 11.
The Agency expressed its disappointment and said it’s considering the next steps in light of this change.
In 2021, the state of Florida passed the Individual Freedom Act, commonly known as the “Stop W.O.K.E. Act.” The law banned Florida employers from mandating employee attendance to any training or instruction that essentially promoted a certain set of beliefs regarding the treatment of individuals based on race, color, sex, or national origin.
However, a recent decision by the 11th Circuit Court of Appeals now enables Florida employers to require meetings and/or employee training on the law’s restricted areas, including diversity, equity, and inclusion programs.
The March 4th unanimous decision in Honeyfund.com, Inc. v. Governor, State of Florida listed all the types of training that the law prohibited. The court said that by prohibiting training regarding only certain types of ideas, the act targets speech based on its conduct.
And, finally, on March 11, President Biden revealed his 2025 budget proposal, which includes paid leave. As in years past, this is only a proposal. Any related legislation would need to come from Congress, which has failed to enact past measures. The proposal does, however, illustrate a continuing movement toward paid leave at the federal level.
That’s all the HR news we have time for today. For more information on these topics, click the content links in the transcript below. Thanks for watching. See you next month!
Keep reading...Show less
RECENT INDUSTRY HIGHLIGHTS
NewsIndustry NewsHot WorkWelding and CuttingSafety & HealthConstruction SafetyGeneral Industry SafetyIn-Depth ArticleEnglishFocus AreaWelding and CuttingUSA
2024
Welding safety practices you must know
Did you know that according to the Occupational Safety and Health Administration (OSHA), welding, cutting, and brazing activities contribute to a significant portion of workplace injuries, with approximately 25% of all industrial fires being attributed to these activities?
Welding and cutting processes have existed for thousands of years. Little has changed about their purpose since their discovery. Workers continue using these hot work activities to join or cut metals.
Welding hazards
Employers must review the company welding safety program with their welders. Whenever welding or working around it and other hot work, you should know the following:
- The name and job title of the person responsible for safety in welding operations. This is usually the jobsite supervisor, who will authorize all hot work by issuing a hot work permit.
- The job hazards of welding include fumes and gases, radiation, fire, noise, and electrical hazards.
- Any special procedures for the equipment used, such as care of compressed gas cylinders, ventilation, and fire prevention methods.
- The use of engineering controls, such as flash screens and fire blankets.
- Any necessary personal protective equipment is required for the work being done.
How can I protect myself and others?
Here are a few practices for working safely that apply in welding situations.
- When working above ground or floor level, use a platform with toeboards, standard railings, or appropriate fall protection if a fall hazard exists. Also, protect workers from stray sparks or slag in areas below an elevated surface where welding occurs.
- Aim the welding torch away from cement or stone surfaces. Moisture within these materials could cause them to explode when they reach a certain temperature.
- When finished welding or cutting, warn other workers of hot metal y installing barricades and by marking or putting up a sign. Keep floors clean by putting electrodes or rod stubs in an appropriate container. Keep floors clear of tripping hazards; store tools safely.
- Never use bare conductors, damaged regulators, torches, electrode holders, or other defective equipment.
- Do not arc or resistance weld while standing on damp surfaces.
Safely working with compressed gas cylinders
Employees who properly handle compressed gas cylinders (CGCs) can safely perform many welding tasks. The following procedures will reduce the hazards of handling CGCs:
- Minimize banging and clanking of CGCs. When in storage, keep the steel protective cap screwed on. This step reduces the chance that a blow to the valve will allow gas to escape.
- Don’t let cylinders fall or have things fall on them.
- Keep CGCs secured and upright. (But never secure CGCs to conduit carrying electrical wiring.)
- When accepting an acetylene delivery, make sure it arrives upright. Don’t accept CGCs of acetylene that arrive in a horizontal position. Such CGCs may be unstable.
- Ensure valves, hoses, connectors, and regulators are in good condition. Don’t use cylinders without them or without them being in good working order.
- Check whether regulators, hoses, and gauges can be used with different gases. Assume they cannot.
- Never open valves until regulators are drained of gas and pressure-adjusting devices are released. When opening CGCs, point outlets away from people and ignition sources, such as sparks or flames. Open valves slowly. On valves without hand wheels, use only supplier-recommended wrenches. On valves with hand wheels, never use wrenches. Never hammer a hand wheel to open or close a valve.
- When empty, close and return CGCs. Empty CGCs must be marked “MT” or “Empty.” Empty acetylene CGCs must be labeled.
Here are several things to ensure your employees remember when moving CGCs:
- Don’t drop or bang CGCs.
- Don’t roll, drag, or slide CGCs.
- You may roll CGCs along the bottom rim.
- Don’t lift CGCs by their cap unless you are using hand trucks that are appropriately designed to be lifted in such a manner.
- Ropes and chains should only be used if a CGC has special lugs to accommodate this.
- Some CGCs may require special hand trucks.
Employees must identify gas and its dangers before they use it. They can find this information on labels, safety data sheets, and cylinder markings. Instruct employees not to use it if they don’t know what’s in a cylinder.
Key to remember
All workers must exercise caution whenever welding operations occur to mitigate the risk of fires, explosions, or personal injuries resulting from welding hazards.
Keep reading...Show less
NewsIndustry NewsElectronic logging device (ELD)Electronic logging device (ELD)VideoMonthly Roundup VideoFocus AreaFleet OperationsEnglishTransportationUSA
Transportation Monthly Round Up - March 2024
In this monthly roundup video, we’ll review the most impactful Transportation news.
Hello, the monthly round up video series will review the month’s most impactful regulatory proposals and changes, and we’ll discuss what you can do stay compliant. With that said, let’s get started!
In early March, Wisconsin issued a final rule requiring the use of electronic logging devices (ELDs) by intrastate motor carriers and drivers. Compliance is required by April 1, 2025.
Though motor carriers have about a year to convert from paper logs to ELDs, the process should begin as soon as possible to ensure compliance.
The mandate will apply to vehicles with a gross vehicle weight rating of 26,001 pounds or more, vehicles transporting hazardous materials that require placarding, and vehicles that are designed to transport the driver and 15 or more passengers.
The FMCSA has updated the MCS-150 Series of forms, including the MCS-150 that motor carriers commonly use to update their existing registrations. Changes include a new “Reason for Filing” and a new question to capture Non-Commercial Motor Vehicle information.
As of April 8, 2024, the FMCSA will no longer accept previous versions of these forms. The new forms are available on the agency’s Registration Forms page.
The AEB final rule is expected by April 2024 and could require these systems on new medium to heavy-duty vehicles, 10,001 pounds and greater.
As proposed, new vehicles that weigh 10,001 to 26,000 pounds, will be subject four years from the final rule. Most new vehicles, 26,001 pounds or greater, will be subject within three years since they already must have electronic stability control (ESC).
Common objections to the AEB proposal are false activations and not enough has been done to address these issues before a mandate.
Carriers that operate vehicles equipped with AEB should already have technicians or vendors skilled in repairing and maintaining these systems to avoid malfunctions and downtime.
That’s it for this month’s roundup. Stay safe, and thanks for watching.
Keep reading...Show less
NewsNational Origin DiscriminationReligious DiscriminationTraining & DevelopmentIn-Depth ArticleUSAHR ManagementEnglishDiscriminationGender DiscriminationDiscriminationTitle VII (The Civil Rights Act of 1964)Industry NewsRace DiscriminationHostile environmentAge DiscriminationProtected classesHR GeneralistAssociate RelationsFocus AreaHuman Resources
EEOC gives employers lengthy reading assignment: 189 pages of guidance on workplace harassment
On April 29, the Equal Opportunity Commission (EEOC) published its final guidance on harassment in the workplace.
The lengthy document includes 77 examples of harassment situations, 387 footnotes, and an addendum of “responses to major comments” received when the proposed guidance was published in the Federal Register in October and the public was invited to submit comments.
As if that isn’t enough reading homework for employers, the EEOC provided more resources on anti-harassment, including the “Summary of Key Provisions,” “Questions and Answers for Employees” and a “Small Business Fact Sheet.” The guidance also has links to other EEOC resources on the prevention of workplace harassment.
The new guidance document and all these “extras” can be found at EEOC.gov.
Updates reflect decades of workplace changes
The new guidance is the first document the agency has voted to issue on the topic of workplace harassment since 1999. It addresses changes workplaces have undergone in the past 25 years, including the increased use of digital technology and social media, and the increased diversity of workplaces. For example, several examples of age discrimination were included, since some workplaces today employ five generations of workers.
A few scenarios in the guidance relate to technology, such as someone making harassing comments during a video meeting or in a group chat. Remote work is addressed in an example where inappropriate pictures can be seen in a remote employee’s work space during a video meeting.
Controversial aspects of the guidance
The vote to publish the final guidance was not unanimous. Two of the five EEOC Commissioners dissented.
These two areas in particular have sparked controversy:
- LGBTQ+: The guidance clarifies that protections under Title VII of the Civil Rights Act of 1964 extend to LGBTQ+ employees, as clarified by the 2020 Supreme Court decision in Bostock v. Clayton County. Specifically, the guidance document affirms that workplace harassment includes repeatedly and intentionally misgendering employees or denying access to bathroom facilities that align with an employee’s gender identity.
- Sex: The guidance states that discrimination and harassment based on “sex” includes harassment based on pregnancy, childbirth, and “related medical conditions,” which include employees’ decisions related to contraception and abortion. This guidance aligns with the Pregnant Workers Fairness Act which went into effect in 2023.
Guidance on anti-harassment policies
The final guidance document states that an employer’s harassment and discrimination policy should be widely disseminated, comprehensible to workers, and include:
- A definition of the prohibited conduct;
- A requirement that supervisors report harassment;
- Multiple avenues for reporting harassment;
- A statement that identifies “accessible points of contact” for reporting purposes, including contact information; and
- An explanation of the complaint process, including anti-retaliation and confidentiality protections, as well as “prompt and effective” investigations and corrective action.
Guidance on effective training
The EEOC final document also includes guidance on anti-harassment training, saying that training should include:
- An overview of the employer’s anti-harassment policy and complaint process;
- Examples of prohibited harassment;
- Information on the rights of those who witness, experience, or report harassment; and
- Instructions for supervisors and managers on how to “prevent, identify, stop, report, and correct harassment.”
The guidance also suggests employers tailor training to the workplace and workforce, provide training on a “regular basis” to all employees, and provide training in a “clear, easy-to-understand style and format.”
Key to remember: The EEOC has released new guidance on harassment in the workplace. Employers should review the guidance and make sure policies and training are in line with the agencies’ recommendations.
Keep reading...Show less
NewsCommercial learners permit CLPDriver licence classificationsMonthly Roundup VideoDangerous Goods Markings, Placards, and LabelsUSAHazmat markings, Placards, and LabelsLearner's permitsEnforcement - DOTEnglishCommercial drivers license CDLCMV InspectionsCommercial drivers license CDLIndustry NewsFleet SafetyOut-of-service criteria - Motor CarrierCompliance, Safety, Accountability CSACompliance, Safety, Accountability CSAFocus AreaFleet OperationsTransportationVideo
Transportation Monthly Round Up - April 2024
Hello, the monthly round up video series will review the month’s most impactful regulatory proposals and changes, and we’ll discuss what you can do stay compliant. With that said, let's get started!
If you offer or transport hazardous materials or hazardous waste, it’s time again to make your annual contribution to the federal grant program that supports emergency response planning and training in your community. The 2024-2025 hazmat registration year officially begins on July 1st and ends on June 30th next year, with early registration opening May 1st.
Transporters of certain quantities and types of hazardous materials, including hazardous wastes, must file an annual registration statement with the U.S. Department of Transportation and pay a fee.
Drivers who are currently in a prohibited status in the Drug and Alcohol Clearinghouse will lose their CDL privileges if they don’t move forward with the return-to-duty process by November 18, 2024. A prohibited status is placed on a driver’s Clearinghouse record as the result of a DOT drug or alcohol violation under Part 382.
State DMVs will downgrade CDLs and commercial learner’s permits, CLPs, while drivers are in prohibited status. The agencies will also deny issuance, renewal, upgrade, or transfer of any CDL or CLP when the driver in a prohibited status.
The Commercial Vehicle Safety Alliance (CVSA) has asked the FMCSA to eliminate the requirement under federal regulations that motor carriers return roadside inspection reports to the state, calling it an “unnecessary administrative burden.” Instead, the enforcement organization wants to leave it up to individual states to decide if they want the reports to be returned.
CVSA acknowledges that while it has found that most jurisdictions do not use the signed forms in any way, this amendment still allows jurisdictions the flexibility to require carriers to return forms if the jurisdiction desires it.
In recent months, the Federal Motor Carrier Safety Administration (FMCSA) has taken steps to enhance its registration system. The agency outlined five areas to enhance while building a new modernized registration system:
- Enhanced fraud resistant security features;
- Real-time data validation, smart logic, and edit checks to reduce errors;
- Streamlined CMV reporting registration process;
- Consolidation of forms into one online application, and
- Improved user experience and data collection.
Keep reading...Show less
NewsIndustry NewsIndustry NewsSafety & HealthGeneral Industry SafetyWalking Working SurfacesOccupational Safety and Health Administration (OSHA), DOLLaddersEnglishFocus AreaUSA
Working Safely with Mobile Ladder Stands
This document is in PDF format. In order to view, you must have Adobe® Acrobat® Reader™ installed on your computer. If you do not have Acrobat Reader installed, click here.
Commercial ServicesPostal/Courier ServicesRepair ServicesPersonal ServicesEducationManufacturing (33/Durable)MiningAgricultureProfessional ServicesWarehousingFood ServicesWholesale DistributionPublic AdministrationManufacturing (32/Non-Durable)Waste ManagementTransportationConstructionManufacturing (31/Food/Textiles)HospitalityHealthcareRetailGeneral ServicesEntertainmentReal EstateWalkwaysFloor OpeningsAislesStairwaysLadder SafetyStairsDockboardsSlipsTripsWidthPlatformsClimbingSMS Trial EnterpriseSMS PremiumSMS AdvancedSMS TrialSMS Essentialr29CFR1910.2329 CFR 1910.2329 CFR 1910.23 Ladders.
Search all news
Did You Know You Can Ask Unlimited Questions to Our Compliance Experts?
Get answers to your most puzzling compliance questions from the industry’s top experts!
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.