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Tucked away in the driver qualifications regulations is a little-known reference to cargo securement.
It may seem out of place in 391.13, but motor carriers are required ensure that drivers are fully qualified when it comes to cargo securement. They must know how to properly secure cargo by way of training, experience, or both.
When vetting a driver applicant, a Pre-employment Screening Program (PSP) report will show whether the driver has a history of cargo securement violations. The PSP report provides the past three years’ worth of roadside inspections.
Driver orientation would be an ideal time to provide training or refresher training, including seasoned drivers. Even if a driver has years of experience and knows the proper securement protocols, it doesn’t hurt to reinforce them and stress that they must be followed.
A scan of your roadside inspection reports will reveal your existing drivers’ knowledge and compliance with Subpart I of Part 383.
The top cargo securement violations found during roadside inspections in 2023 included:
Even though the number of citations may appear low in comparison to other vehicle-related violations, it is a serious risk. Inadequately or improperly secured cargo can result in deadly consequences.
To learn more on the topic of cargo securement, check out the following Compliance Network resources:
Questions?
If you have a question on cargo securement 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.
I like to try new recipes, so when I see one in a magazine I’m likely to snap a picture with my phone. It’s so easy to go digital these days … as long as you can remember where you put everything. Case in point: I often rummage through my paper recipes trying to find something that I have on a digital device.
A motor carrier a few years back did essentially the same thing with their drivers’ medical cards, and the result was worse than just momentary frustration.
When the small company was audited by the FMCSA, the owner provided hard copies of her drivers’ qualification (DQ) files. She made no mention that she was storing the medical certificates for several of her drivers on her cell phone, evidently forgetting they were there.
She was likely reminded a week later when she received notice of the audit results, but it was too late: the company’s safety rating was being downgraded to “Unsatisfactory.” Auditors had found multiple violations, including a critical one for failing to keep medical cards in more than 10 percent of her drivers’ files.
The owner argued that she had the cards on her phone, that the company was being unfairly punished for keeping electronic records, and that the auditors only asked for her DQ files and not specifically the medical cards. A judge didn’t see it that way, however, and upheld the audit results.
Though perhaps unusual, this case serves as a reminder of some pitfalls with electronic recordkeeping. First, know that digital documents are fine — they’re allowed under 49 CFR 390.32. However, you must be able to provide all requested records at the time of an audit, no matter what form those records take. If you have a mix of paper and digital, have a process for getting them all to an auditor.
Also know that there’s no need to print your digital records for an audit, unless that’s what the auditor asks for. They can view the files on your computer or may accept them via email. But again, you must provide access on demand. This may mean having a computer and printer ready for the auditor to use, just in case.
One way to ensure compliance is to perform a mock audit of your files. Select a random sampling of drivers and vehicles and see if you can make all the records available on short notice.
Someday all records — including my recipe box — will likely be electronic. Until then, know how and where your records are stored and be prepared to dig them out as needed.
Between 2015 and 2022, there were about 1,500 injuries involving food/beverage process machinery and butchering machinery reported to OSHA, with another almost 400 injuries involving food slicers and mixers, blenders, and whippers.
To address the alarming number of severe injuries, OSHA issued a hazard alert to raise awareness and help ensure employers take appropriate precautions. Workers in these establishments face various hazards during all stages of food processing, including:
The alert includes information on how to recognize hazards, what corrective measures to take, such as machine guarding, and workers’ rights.
The full alert can be found at osha.gov.
The American Transportation Research Institute (ATRI) is calling for truck drivers to participate in its detention survey to collect data about driver experiences at customer facilities.
Using a short, confidential, online survey to gather data, ATRI is asking truckers to share details on their experiences with driver detention and the impacts it has on their day-to-day and professional routines.
The online version of this survey will help ATRI get nationwide input to gain a more complete overview of drivers’ perception of detention periods.
What is driver detention?
Driver detention is the time a driver spends waiting at the shipper or receiver outside of loading and unloading time. Detention time is historically problematic in the trucking industry and has negative impacts on:
What’s the point?
The results of this detention survey will help inform a larger ATRI study on how the trucking industry is impacted and affected by detention. The goal is to identify solutions for managing driver detention times nationwide.
How can you participate?
ATRI asks drivers to complete the survey by April 26, 2024. You can take the survey by going to https://www.research.net/r/Driver-Detention-Survey.
Some of the questions include asking:
Not every employer is comfortable being escorted on their workplace inspections. So, who can tag along? To help make that determination, the Office of Management and Budget (OMB) completed its review of OSHA’s Worker Walkaround final rule on March 20, 2024.
The Worker Walkaround rule is intended to clarify workers’ and certified bargaining units' rights to designate whom they’d like to accompany the Compliance Safety and Health Officer (CSHO) during facility or workplace inspection walkarounds. The rule also explains that the representative does not need to be an employee of the employer but could be third party. The CSHO would determine if having the designated individual would be “reasonably necessary” to aid in the inspection.
OSHA recognizes that employee representation during the inspection is critical to ensuring a thorough and efficient analysis of all worksite conditions and hazards. The agency wants employers to be able to select a representative of their choice to accompany the CSHO, but selecting inspection escorts isn’t as easy as just picking someone.
OSHA’s proposal to the Representatives of Employers and Employees regulation is considering:
The current rule allows employees to select a non-employee, such as a third-party safety consultant or industrial hygienist, only if the CSHO agrees that the person is “reasonably necessary” to complete an effective inspection.
Now that the OMB review is complete, the next step is publication in the Federal Register which can be anticipated within the next year or two. A final rule is typically effective no less than thirty days after the date of publication to the Federal Register. Once published, 1903.8(c) criteria will expand on who employees can authorize to act as their representative during an OSHA inspection. The CSHO will still determine reasonable necessity and has the right to deny accompaniment to any person whose conduct interferes with a fair and orderly inspection.
The changes to the rule will ensure employees can select trusted, skilled, and knowledgeable representatives of their choice, resulting in more effective inspections. OSHA’s goal is to shift the focus from representative titles (such as safety consultant or industrial hygienist) to pertinent skills, experience with workplace hazards or conditions, and relevant language skills that will facilitate better communication between employees and the CSHO.
Key to remember: OSHA’s Worker Walkaround final rule has been reviewed by the OMB and intends to expand the criteria for employee-authorized representatives who can participate in workplace inspections.
The Environmental Protection Agency (EPA or the Agency) is issuing this final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use. The injuries to human health include mesothelioma and lung, ovarian, and laryngeal cancers resulting from chronic inhalation exposure to chrysotile asbestos.
DATES: This final rule is effective on May 28, 2024, published in the Federal Register March 28, 2024, page 21970.
View final rule.
Subpart F—Chrysotile Asbestos | ||
Entire subpart | Added | View text |
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