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Yes, but the requestor may not have to pay the fee. Previous employers that are DOT regulated are required to respond to “safety performance history” inquiries sent to comply with 391.23. Such inquiries ask for employment verification information and a three-year accident history (as required to be listed on the accident register). According to the Federal Motor Carrier Safety Administration, “previous employers may not condition release of this required investigative safety performance history information on first receiving payment of a fee by the prospective motor carrier.” The information must be provided to prospective employers upon request and within 30 days, according to 391.23(g), whether a fee is paid or not.
Despite this, the regulations do not explicitly state that previous employers or their service agents may not request a fee. In addition, fees can be required for the release of other, non-regulated information that a former employer may wish to provide, such as minor accident information or other driver performance data.
Before October 30, 2004, previous employers were only obligated to provide drug/alcohol testing information pursuant to 40.25(h), and so were allowed to charge a fee for providing any other information.
Any carrier who finds a DOT-regulated previous employer refusing to release information is encouraged to contact the Federal Motor Carrier Safety Administration to report the incident, using the procedures specified in 386.12.
There are no provisions in the Federal Motor Carrier Safety Regulations for fixing an incomplete driver qualification (DQ) file. But when you find something wrong with a DQ file, it’s important to address the situation. An incomplete or missing DQ file is among the list of “critical” violations that can go against your safety rating, and it’s one of the most frequently cited violations.
If the file is incomplete, you may have already violated the safety regulations and may be subject to penalties, but by making a “good faith effort” to fix the file and prevent future errors, you may be able to minimize the impact. Here are some steps you could take to make a “good faith effort” to fix an incomplete driver qualification file:
If feasible, send out missing previous employment checks, whether the driver has been with you for a few months or a few years. This is another “good faith” effort. Because of potential liability issues in the event of an accident or serious violation, it is best to learn about your driver’s past, even if it is done in hindsight. Note that the rules for previous employment inquiries changed effective October 30, 2004:
If your drivers have been with you for a number of years, it is unlikely that former employers will have records of them. At this point, the best you can do is put a note in the file of the error and go forward.
Of course, you cannot back date missing MVRs, Annual Reviews, or Medical Examiner’s Cards. You can only go forward with documents such as these. Never try to falsify records to hide administrative errors.
If a motor carrier purchases another, it does not have to start the DQ files from scratch. But, any defects in the file must be accounted for and corrected. A note as to when the files were taken over should be included, along with any items that were missing or out of compliance at that time and the corrective action taken. This will show a “good faith effort” in the event of an audit.
OSHA nor NFPA define or specify a clearance distance for fire extinguishers but simply wants employers to make them readily accessible. At 1910.157(c)(1), OSHA states only that employers shall “mount, locate and identify (fire extinguishers) so that they are readily accessible to employees without subjecting the employees to possible injury.” NFPA 10, “Standard for Portable Fire Extinguishers,” states at 1-6.3 “Fire extinguishers shall be conspicuously located where they will be readily accessible and immediately available...” and at 1-6.6 “Fire extinguishers shall not be obstructed...”
Best practice: An industry rule of thumb for fire extinguishers keeping the area in front of the units clear and easily accessible is to keep three feet in front of the unit as well as a 30 inch width clear. This is adopted from electrical panel clearance from 1910.303.
If an employer can quickly go to and easily retrieve an extinguisher without stepping over or moving materials, OSHA should be satisfied. However, whether or not there is a “blockage” or “accessibility” issue would be carefully scrutinized by an OSHA inspector. Most employers keep the floor beneath the fire extinguisher clear, and will mark that area with tape or floor markings so that nothing is inadvertently placed there.
The Authorities having Jurisdiction (AHJ) such as your local fire marshal may have more defined requirements.
Personal fall protection system requirements are outlined in 1910.140, “Personal fall protection systems.” With specific regard to lifelines, it depends upon the type of lifeline per 1910.140(c). Vertical lifelines must have a minimum breaking strength of 5,000 lbs. Self-retracting lifelines and lanyards that automatically limit free fall distance to 2 feet or less must have components capable of sustaining a minimum tensile load of 3,000 lbs applied to the device with the lifeline or lanyard in the fully extended position.
There are additional strength requirements for other personal fall protection components outlined in paragraph (c) as well.
In section 392.9, the motor carrier safety regulations require drivers to periodically check their cargo and securement devices to ensure that the cargo is properly secured, and make adjustments as necessary. Under that standard, these load checks must occur:
Before December 26, 2002, drivers were required to make their initial en-route load check within the first 25 miles. That changed to 50 miles effective January 1, 2004.
En-route load checks are not required of:
The permit will require the facility to sample its discharges and notify EPA and/or the state regulatory agency of these results. Also, the permit will require the facility to notify EPA or the state when the facility determines it is not in compliance with the requirements of a permit. EPA and state regulatory agencies will send inspectors to companies in order to determine if they are in compliance with the conditions imposed under their permits.
Federal laws provide EPA and authorized states with various methods of taking enforcement actions against violators of permit requirements. For example, EPA and state regulatory agencies may issue administrative orders which require facilities to correct violations and that assess monetary penalties. EPA and state agencies may pursue civil and criminal actions that may include mandatory injunctions or penalties, as well as jail sentences for persons found willfully violating requirements and endangering the health and welfare of the public or environment. Further, the general public can enforce permit conditions. If any member of the general public finds that a facility is violating its NPDES permit, that person can independently start a legal action, unless EPA or the state regulatory agency has already taken an enforcement action.