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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
2024-05-17T05:00:00Z
NewsEnglishIndustry NewsIndividual vehicle mileage report (IVMR)International Registration Plan (IRP)IRP and IFTA recordkeepingFocus AreaIn-Depth ArticleFleet OperationsFleet TaxesInternational Fuel Tax Agreement (IFTA)TransportationRegistration and Permits - Motor CarrierUSA
Did you know that mileage records changed on January 1?
Part of our job as editors is to present webcasts about the regulatory program areas we cover. Interaction with attendees often proves to be illuminating. Such is the case with recent webcasts about recordkeeping changes under the International Fuel Tax Agreement (IFTA) and International Registration Plan (IRP).
To gauge audience awareness of the change, I’ve been posting the following poll during webcasts since mid-2023:
How much do you know about the January 1 electronic recordkeeping changes?
- This is the first I am hearing about them.
- I heard about them but don’t understand the details.
- I know all about them and my systems meet the new requirements.
- I keep manual records, so this does not apply to me.
Well over half of attendees have been choosing the first answer, even in a webcast as recent as April. With so many regulations to keep track of, details like these can often slide under the radar.
If that was your answer, too, here’s the scoop. For distance tracking under IFTA and IRP, you can use either:
- Paper logs, or
- Electronic systems (electronic logging devices (ELDs) or global positioning systems (GPS)).
If you use electronic systems, as of January 1 of this year distance records (pings) must be created and maintained at least:
- Every 10 minutes when the vehicle’s engine is on for IFTA, and
- Every 15 minutes when the vehicle’s engine is on for IRP.
The records must contain the following data elements:
- The date and time of each system reading;
- The latitude and longitude to include a minimum of 4 decimal places (0.0001) of each system reading;
- The odometer reading from the engine control module (ECM) of each system reading. If no ECM odometer is available a beginning and ending dashboard odometer or hubodometer for the trip is acceptable; and
- The vehicle identification number or vehicle unit number.
The data must be in an accessible electronic spreadsheet format (XLS, XLSX, CSV, or delimited text file).
If you use ELDs or GPS to track your IFTA and/or IRP mileage, don’t wait any longer. Communicate with your service provider to make sure your system meets the new standards.
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RECENT INDUSTRY HIGHLIGHTS
2024-05-17T05:00:00Z
NewsDrug and Alcohol TestingIndustry NewsMarijuanaDrug testing - Motor CarrierDrug and Alcohol Testing - DOTIn-Depth ArticleEnglishFocus AreaUSA
Have an opinion on the proposed marijuana rescheduling? Submit comments to DEA!
The recent announcement that marijuana may be reclassified as a lesser drug has many in the transportation industry talking. If you want the Drug Enforcement Administration (DEA) to know where you stand on the issue, there is a way to offer official input for the agency’s consideration.
Anyone interested in offering input on any proposed or interim final rule or agency notice can submit comments to a federal agency via fax, mail, hand delivery, or the Federal eRulemaking Portal by a specified date.
When submitting comments, you must:
- Identify the document you are addressing using the agency’s docket number, and
- Only use one of the four methods to submit your comments.
DEA’s proposal Schedules of Controlled Substances: Rescheduling of Marijuana should be identified as Docket No. DEA-1362; A.G. Order No. 5931-2024. The proposal relates to changes made to 21 CFR Part 1308, where the schedules reside in the Code of Federal Regulations.
Note that anything you provide to the agency in your response to the rulemaking becomes public record.
Comments will be accepted by DEA for 60 days from the published date of the proposal in the Federal Register. As of the publication of this article, only the preview of the proposal is available. It has not appeared in the Federal Register.
Related materials
The following related articles address drug use in the workplace:
Get the conversation started
If you want to know how others in your industry are responding to the news of the potential rescheduling of marijuana, check out Compliance Network’s Forum. Start or join in a conversation!
Questions?
If you have a question on DOT marijuana prohibitions, state marijuana laws, or any other regulatory topic, we encourage you to reach out to our compliance experts using Expert Help. Our team of experts is always happy to assist.
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2024-05-17T05:00:00Z
NewsIndustry NewsIn-Depth ArticleHiring standards - Motor CarrierEnglishDriver recruiting and retentionFocus AreaUSA
3 tips to maximize the impact of MVR reviews
Annual reviews play a crucial role in ensuring the safety and compliance of commercial motor vehicle (CMV) drivers. At least once per year, carriers must review the motor vehicle record (MVR) and determine if their drivers meet the requirements for safe driving or are disqualified.
Go beyond the minimum of reviewing the MVR. To avoid claims of negligent retention or negligent supervision, consider following these three tips:
1. Exceed the regulations
Per 391.25, the carrier must consider any accidents or unsafe behavior on the MVR. The reviewer's name, the date, and a copy of the MVR go in the driver qualification file.
Disqualifying events are in 391.15 for all CMV drivers and in four tables in 383.51 for commercial driver's license (CDL) drivers only. Be sure to compare the MVR to these sections.
To exceed the regulatory minimums, review the driver's documented internal safety record and consider any unsafe factors such as hours-of-service infractions or triggered events from vehicle telematics or dash cams.
Then, answer these two questions:
1. Has the driver received the appropriate coaching, training, or discipline per the company's progressive discipline process?
2. Does the driver meet the company's hiring criteria?
Suppose a driver is in a crash and has not received the appropriate corrective action, or should not have been driving your vehicle due to their safety record being below hiring criteria. In that case, the company's potential liability increases and may result in negligence claims and an excessive verdict. If you would not hire the driver today, they should not be operating your CMV.
2. Use an expert to review MVRs
Interpreting multiple states' MVRs can get quite complicated. There are two options: 1. Hire a third-party expert, or 2. Develop in-house expertise.
If you choose not to outsource, thoroughly train the person on each states' procedures for pulling records, including obtaining driver consent. Also, the individual must understand the American Association of Motor Vehicle Administrators (AAMVA) Code Dictionary (ACD) used by driver licensing authorities. These codes identify the type of driver convictions or the reasons for driver licensing withdrawals or suspensions.
For more information on the ACD, check out the link below:
The in-house expert must also understand and execute consistently the overall MVR and annual review policy.
Also consider having your expert assign values to MVR violations to generate a score to rank drivers at hire and for annual reviews. Compare the score to your hiring criteria threshold.
3. Use MVR monitoring to avoid surprises
Relying on drivers to notify the carrier of violations or suspensions between annual MVRs can be risky. Annual MVRs create a gap during which bad things can happen without a carrier’s knowledge. Ignorance of loss of driving privileges or violations is not a defense during an audit or in a courtroom.
MVR monitoring can meet the annual MVR requirement and reduces the time from notification of unsafe behavior to corrective action. Monitoring involves two methods:
1. The carrier representative can log in to each state's system and "pull" the MVR, which can involve many states. The time it takes to monitor an entire fleet of driver records can quickly add up.
2. Some states offer “push” or employer notification services (ENS) for event triggers such as violations or license status changes.
Keys to remember: Annual reviews or MVR monitoring are critical not only for compliance but also to reduce the risk of negligence claims. A third-party service can save labor and may better provide expertise for MVR monitoring.
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2024-05-16T05:00:00Z
NewsPersonal Protective EquipmentIn-Depth ArticleEnglishPersonal Protective EquipmentIndustry NewsInfectious DiseasesSafety & HealthInfectious DiseasesGeneral Industry SafetyAgriculture SafetyMaritime SafetyEnvironmentalAir QualityRespiratory ProtectionMine SafetyFocus AreaUSA
Protecting yourself all season — All masks are not created equal!
As the common cold, flu, and even lingering cases of COVID rear their heads throughout the year, many may reach for a mask as a precaution. But are your masks going to offer the protection you need? Employers must understand the differences between the various masks workers depend on for their safety.
Although most mask mandates have been lifted, the Centers for Disease Control (CDC) still recommends wearing quality masks over the nose and mouth in high traffic or congested areas, such as airplanes, at concerts, or in large groups. With many mask options floating around, it’s important to understand the differences between N95, KN95, cloth, and surgical masks.
Which mask is best?
According to the National Institute of Health (NIH), masks are intended to block respiratory droplets and aerosols that may contain viral particles. Overall, masks can be effective and are recommended during flu and cold season, but which mask is best is going to depend upon the circumstances.
Masks differ in the maximum internal leak proportion limit (the highest level of leak protection offered), so here’s the low-down:
- N95— deemed more effective than surgical masks, N95 masks are the most common type of particulate filtering facepiece respirator. The “95” represents the 95% of airborne particles that are filtered out, which means that don’t entirely block the transmission of some viruses. These masks require fit testing to ensure proper protection.
- KN95 — “KN” is a designation given by China as an indicator of effectiveness; though the designation is not as stringent as with N95 masks and therefore don’t qualify as N95s. These can be quickly identified by the ear loops versus the dual straps required on N95s.
- Surgical — meant to protect from droplets and sprays, surgical masks filter large particles from the air when the wearer inhales. However, these disposable masks tend to be loose-fitting which could reduce their efficiency to lower than that of N95 masks.
- Cloth— usually homemade, these masks offer limited protection from infection, especially persistent ones like COVID-19. Cloth masks are machine-washable and reusable, but they do fit more loosely especially near the nose, cheeks, and jawline, which reduces their effectiveness. Homemade masks create inconsistent and unknown protection levels, so are not recommended for sufficient defense against viruses or other infectious particles.
- Other protections — scarfs, gators, and other protections have been used as an attempt to protect from contagious infections. Intended to trap respiratory droplets, these “masks” must be used in layers to have the same effectiveness as a mask, so are not the best option.
Overcoming the negatives of wearing a mask
The theory is that wearing some mask is better than wearing no mask at all. However, the use of some masks, such as N-95s can result in some not-so-pleasant physical responses such as anxiety, headaches, nausea, and vomiting. Additionally, wearing the wrong mask or incorrectly wearing a mask can create a false sense of security, placing the wearer at even greater risk. So, how can workers overcome the negatives of wearing a mask?
When wearing masks, workers can ease the “burden” by:
- Selecting the most protective, yet comfortable mask for the expected exposure type.
- Ensuring the mask is fit properly (around the face with no gaps around the edges) to help with air flow.
- Using masks with bendable nose strips for efficacy and comfort.
- Securing both straps around the ears to ensure optimal protection and prevent constant slippage.
- Acclimating to mask use by wearing one for short periods initially and building up to longer durations.
- Remaining aware of temperature extremes and humidity when required to wear masks.
- Keeping your respiratory system fit and healthy so masks don’t seem like a barrier to normal breathing.
Keys to Remember: While surgical and cloth masks offer some protection from viruses, N95s and KN95s masks offer better protection in most cases. Employers must ensure workers are choosing masks that fit and filter properly to ensure safe use and appropriate level of protection.
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2024-05-16T05:00:00Z
NewsEnglishIndustry NewsFleet SafetyIndustry NewsDefensive drivingCompliance, Safety, Accountability CSAFines and penalties - Motor CarrierCompliance, Safety, Accountability CSACMV drivingFocus AreaEnforcement - DOTRoadside InspectionsTransportationUSA
Operation Safe Driver Week is approaching!
Everyone’s favorite annual safety week is coming soon to a road near you! This year’s Operation Safe Driver Week runs from July 7-13, 2024, with a focus on reckless, careless, and/or dangerous driving.
The Commercial Vehicle Safety Alliance (CVSA) schedules this safe-driving awareness campaign every year to educate drivers and create safer roadways across Canada, the U.S., and Mexico. Using traffic enforcement strategies for both passenger and commercial vehicle drivers, CVSA’s goal is to help improve overall driving behaviors. The focus on reckless driving aims to identify any person driving a vehicle with disregard for the safety of themselves or others.
Drivers should always operate a vehicle with care, attention, and consideration for other drivers and people on the roads.
What to expect from Operation Safe Driver Week 2024
Law enforcement across North America will be looking out for drivers who engage in dangerous driving behaviors. These include (but aren’t limited to):
- Speeding
- Following too closely
- Driving while intoxicated
- Distracted driving
Law officers will pull over any driver who is driving dangerously and issue citations and warnings as needed.
According to the National Highway Traffic Safety Administration, vigorous enforcement helps make communications and outreach efforts toward transportation safety programs more successful. By involving officers into CVSA’s overall Operation Safe Driver Program, the agency hopes to reduce the total number of roadway crashes, fatalities, and injuries.
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2024-05-16T05:00:00Z
NewsIndustry NewsFleet SafetyEntry-Level driver trainingEntry-level driver trainingFocus AreaIn-Depth ArticleFleet OperationsEnglishTransportationUSA
Navigating ELDT: Answers to your questions
Though the entry-level driver training (ELDT) rule has been in place for over two years, there are still many questions when it comes to compliance. The following are the top five we have recently fielded.
Question 1: One of my drivers is going to be hauling a placardable amount of hazmat in a box truck that is under 26,000 pounds. I was told the driver will need a Class C CDL and a hazmat endorsement. My problem - I don’t see anything about ELDT for a Class C CDL. Is ELDT required?
Answer 1: A Class C CDL is required when operating a vehicle that does not meet the definition of a Class A or Class B vehicle but is transporting either hazardous materials or passengers in a quantity or number that require a hazmat or passenger endorsement. The Class C CDL is not included in the ELDT requirements (only Class A and Class B), but the driver must complete hazmat endorsement ELDT as outlined in Appendix E to Part 380.
This endorsement-specific course of theory instruction covers 13 topics. Instruction must be conducted by a school or entity listed on the Federal Motor Carrier Safety Administration’s (FMCSA) Training Provider Registry (TPR). Behind-the-wheel instruction is not included in the hazmat endorsement ELDT requirements.
Question 2: I have a driver who needs to add a tanker endorsement to an existing Class A CDL. I can’t find anything addressing ELDT requirements for tank endorsements. Is ELDT required?
Answer 2: No, ELDT is not required. Though some endorsements (passenger, school bus, and hazmat) are included in the ELDT regulations, the tank endorsement is not.
Question 3: Is a carrier required to ask for and maintain documentation that a driver has completed ELDT?
Answer 3: No, as of February 7, 2022, the entry-level driver's CDL serves as proof of successful completion of ELDT.
Question 4: Will a driver who successfully completes ELDT need refresher or follow-up ELDT at some point?
Answer 4: No, the ELDT rule does not require refresher or follow-up instruction. ELDT is a one-time requirement.
Question 5: I just hired a new driver for a driving position with my company. The driver previously had a CDL, last valid approximately 5 years ago. The driver wants to reinstate the CDL. Will the driver need to complete ELDT prior to obtaining the CDL? Or is the driver exempt from ELDT because the driver previously held a CDL?
Answer 5: ELDT applies to all interstate and intrastate drivers obtaining an initial Class A or Class B CDL.
Because the regulation applies to drivers obtaining an initial CDL, the regulation does not require ELDT for a driver who previously held a valid CDL.
With that said, some states are requiring ELDT for lapsed CDLs as part of state policy. Your will need to consult with the state driver licensing agency that previously issued the driver's CDL for specifics.
Key to remember: Though the ELDT requirements are over two years old, issues and questions remain.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.