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 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.
RECENT INDUSTRY HIGHLIGHTS
2024-05-07T05:00:00Z
NewsAir EmissionsChange NoticesChange NoticeEnvironmental Protection Agency (EPA)Air ProgramsHazardous Air PollutantsEnvironmentalAir QualityEnglishFocus AreaUSA
EPA Final Rule: Amendments to NESHAP forCoal- and Oil-Fired Electric Utility Steam Generating Units
This action finalizes amendments to the national emission standards for hazardous air pollutants (NESHAP) for the Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs) source category. These final amendments are the result of the EPA's review of the 2020 Residual Risk and Technology Review (RTR). The changes, which were proposed under the technology review in April 2023, include amending the filterable particulate matter (fPM) surrogate emission standard for non-mercury metal hazardous air pollutants (HAP) for existing coal-fired EGUs, the fPM emission standard compliance demonstration requirements, and the mercury (Hg) emission standard for lignite-fired EGUs. Additionally, the EPA is finalizing a change to the definition of “startup.” The EPA did not propose, and is not finalizing, any changes to the 2020 Residual Risk Review.
DATES:
This final rule is effective on July 8, 2024, published in the Federal Register May 7, 2024, page 38508.
View final rule.
Keep reading...Show less
2024-05-07T05:00:00Z
NewsIndustry NewsIn-Depth ArticleHR GeneralistFamily and Medical Leave Act (FMLA)USAFamily and Medical Leave Act (FMLA)HR ManagementEnglishFocus AreaHuman Resources
May employees take FMLA leave to care for family members outside the U.S.?
Yes, employees may take leave under the federal Family and Medical Leave Act (FMLA) to care for family members who are outside U.S. borders.
If the employee meets the eligibility criteria of the FMLA, the family member has an FMLA serious health condition, and the employee is needed to care for the family member, the employee’s time off would be protected. It doesn’t really matter where the family member is.
To figure out whether the family member’s condition meets the criteria under the FMLA, employers may require that the employee provide a certification supporting the leave.
Certifications in other languages
If an employee or a family member is visiting in another country, or a family member lives in another country, and a serious health condition develops, employers must accept a medical certification from a health care provider who practices in that country. This rule applies to an original certification, a recertification, and when requesting a second or third opinion from a provider.
If a certification by a health care provider from another country is in a language other than English, employers may require that the employee provide a written translation of the certification.
Traveling to care for family member
If family members are outside the U.S., employees will need to spend some time traveling. The employee’s travel time would likely be seen as part of the FMLA leave if:
- The travel is so intertwined with the care, or
- If it is needed to obtain the care.
Handling intermittent leave
Employees may also take intermittent FMLA leave to care for far-away family members. Employers would manage such leave the same way they do for intermittent leave inside the U.S. Employers should:
- Give the employee an eligibility/rights & responsibilities notice within five days of being put on notice,
- Ask for a certification if desired (including a translation),
- Give the employee a designation notice within five days of getting enough information, and
- Track the employee’s leave time.
Whenever employees are away from the physical worksite, tracking how much intermittent FMLA leave they are taking has its own challenges. Employers may use a simple honor system of self-reporting or technology to keep track of when the employee is taking FMLA leave and when the employee is working.
Key to remember: Eligible employees may take FMLA leave to care for family members who are outside the U.S.
Keep reading...Show less
2024-05-07T05:00:00Z
The FMCSA is taking a close look at vehicle leasing
As of May 2024, the FMCSA’s Truck Leasing Task Force Advisory Committee (TLTF) has met four times with the last as an in person public meeting at Mid America Trucking Show on March 21st. The meetings have been driver-centric, focusing primarily on bad actors that create predatory leasing situations for drivers that often over-promise and under-deliver. These agreements may leave drivers without a vehicle but still holding debt.
Congress passed and President Biden signed the Infrastructure Investment and Jobs Act (IIJA) in November of 2021. One of the required items in the law was that the Department of Transportation and Labor Secretaries create the TLTF. In February of 2022, Transportation Secretary Pete Buttigieg signed the Task Force’s charter document.
The Task Force charter
The task force’s charter instructs the task force to examine and consider:
- Truck leasing arrangements available to commercial motor vehicle (CMV) drivers, including lease-purchase agreements;
- Specific terms of leasing agreements;
- The existence of inequitable leasing agreements and terms in the motor carrier industry and whether inequitable terms and agreements affect:
- The frequency of maintenance performed on the leased vehicles, and
- Whether the leased vehicle is kept in a general state of good repair;
- Agreements available to drayage drivers at ports relating to the Clean Truck Program or any similar program to decrease emissions from port operations;
- Impact of truck leasing agreements on the net compensation of CMV drivers, including port drayage drivers;
- Whether truck leasing agreements properly incentivize:
- The safe operation of CMV,
- Driver compliance with the hours-of-service regulations, and
- Laws governing speed and safety generally;
- Any available resources to assist commercial motor vehicle drivers in assessing the financial impacts of leasing agreements; and
- Any opportunity that equitable leasing agreements provide for drivers to start or expand trucking companies and the history of motor carriers starting from single owner operators.
While having no rulemaking authority, the task force will complete a report to the DOT Secretary and Congress regarding their findings and recommended best practices and changes to laws or regulations.
Key to remember
Regardless of the task force recommendations, drivers looking to lease their vehicle to a carrier or thinking about entering a lease-to-purchase agreement need to understand that there is no such thing as a “standard lease agreement.” Leases are contracts. Both parties need to know what they are responsible for and have all negotiated items included in the lease. The individual that creates the agreement will know what is in– and possibly more importantly – what is not in the lease. If unsure of what is being signed, get professional help.
Keep reading...Show less
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
2024-05-06T05:00:00Z
NewsIndustry NewsSafety & HealthForklifts and Powered TrucksGeneral Industry SafetyForklifts and Powered TrucksIn-Depth ArticleEnglishSafe Operation of PITsFocus AreaUSA
Your top 5 frequently asked questions on powered industrial trucks revealed
Powered industrial trucks (PITs), commonly known as forklifts, are used in many different industries, primarily to move, push, or pull materials. Each type of truck and workplace presents different hazards. While the OSHA standard at 1910.178 addresses the basic requirements, employers often have questions about their particular PIT-related situations.
Below are some of the most frequently asked questions our J.J. Keller Experts have received regarding the safe operation of their PITs.
What is a powered industrial truck?
A PIT includes a fork truck, tractor, platform lift truck, motorized hand truck, and other specialized industrial trucks powered by electric motors or internal combustion engines, excluding compressed air or nonflammable compressed gas-operated industrial trucks, farm vehicles, and vehicles intended primarily for earth moving or over-the-road hauling.
Note that OSHA’s current regulation covers 11 types of PITs, but at least 19 types are found in industry. An upcoming but long-term OSHA proposed rule would seek to update the standard to add new truck types.
Does OSHA require PIT operators to have a valid driver’s license?
Federal OSHA does not require a forklift operator to have a valid driver’s license. However, OSHA does require that every forklift operator be trained and certified to operate the powered industrial truck in the workplace, and that the operator’s performance be evaluated on the provisions of 1910.178(l)(3) every three years. The employer must have a record documenting that the driver has successfully completed the training. That is the only operating “license” required by OSHA.
Are motorized sweepers, floor scrubbers, and other personnel carriers (like golf carts) covered under OSHA’s PIT standard?
OSHA doesn’t have a specific regulation for motorized floor sweepers, floor scrubbers, and other types of personal conveyances (like golf carts) that aren’t intended to move, push, or pull materials. However, OSHA still expects this equipment to be used safely. Employers are encouraged to train operators on safe use by following the equipment manufacturer’s operating instructions.
How often do I need to perform forklift inspections and how should they be documented?
Federal OSHA requires forklifts to be inspected at least daily or after each shift when used around the clock.
Inspection logs aren’t required but are seen as a best practice for two reasons:
- They ensure all essential features of the vehicle are inspected routinely, and
- They provide evidence to an OSHA inspector that the vehicles are being inspected as required by 1910.178(q)(7).
Because it isn’t a regulatory requirement, inspection logs may be kept for any specified time period. It’s recommended to document the length of time a company decides to keep the inspection records in the employer’s written safety and health program, forklift program, or company policy (e.g., “We retain forklift inspection forms for three months”). This will demonstrate to OSHA that forklift operators are performing the daily inspections as required.
Can I use a forklift attachment like a safety platform or “man basket”?
The employer must obtain the manufacturer’s prior written approval before making modifications that would impact the safety and capacity of the PIT, such as adding a man basket. Updated capacity, operation, and maintenance instruction plates, tags, or decals are also required per OSHA.
Key to remember
Safe operation of PITs means a thorough understanding of the regulations. Employers have experts they can trust to answer their safety questions in this complex regulatory landscape.
Keep reading...Show less
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.