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SAFETY & COMPLIANCE NEWS

Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.

Regulations change quickly. Compliance Network ensures you never miss a relevant update with a personalized feed of featured news and analysis, industry highlights, and more.

RECENT INDUSTRY HIGHLIGHTS

What training do temporary workers need and who's responsible for their training?
2023-02-06T06:00:00Z

What training do temporary workers need and who's responsible for their training?

Temporary workers can bring great value and help to an organization and help drive a productive workforce. It’s imperative they receive appropriate and effective training before starting work. Many fatal incidents have occurred when temp workers weren’t provided the training necessary to do their job safely, and many of these fatalities occurred on their first day on the job.

Staffing agency or host employer?

There’s no OSHA regulation devoted to temporary workers and their training. However, OSHA says host employers must treat temporary workers like any other workers and provide training that’s identical to or equivalent to that given to permanent employees performing the same or similar work. Temp workers must have a basic ability to identify hazardous situations; know how to report hazards, injuries, and illnesses; and understand their rights if confronted with a hazardous situation at a worksite.

Defining roles and responsibilities

To ensure there’s a clear understanding of each employer’s roles and responsibilities, OSHA recommends that the staffing agency and the host employer set out their respective responsibilities for compliance with applicable OSHA standards in their contract before the temporary work begins. Each employer should consider the hazards it’s in a position to prevent and correct, and in a position to comply with OSHA standards. This will help them better collaborate on responsibilities.

To this end – and to help prevent work-related injuries and illness among temp workers - OSHA implemented a series of Temporary Worker Initiative (TWI) bulletins on specific topics:

  • Injury and Illness Recordkeeping Requirements
  • Personal Protective Equipment
  • Whistleblower Protection Rights
  • Safety and Health Training
  • Hazard Communication
  • Bloodborne Pathogens
  • Powered Industrial Truck Training
  • Respiratory Protection
  • Noise Exposure and Hearing Conservation
  • The Control of Hazardous Energy (Lockout/Tagout)
  • Safety and Health in Shipyard Equipment
  • Exposure to Outdoor and Indoor Heat-Related Hazards

The bulletins provide guidance and best practices around what the staffing agency and the host employer can do to provide safety and health training to temporary workers.

Key to Remember

Staffing agencies and host employers have a shared responsibility in training temporary workers. Training must be conducted prior to temp workers beginning their assignment and must be identical or equivalent to that given to permanent employees performing the same or similar tasks.

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Study evaluates under-reporting of hospitalizations
2023-02-06T06:00:00Z

Study evaluates under-reporting of hospitalizations

Repeated studies find that employers fail to report about half of hospitalizations from serious injuries and illnesses. According to the National Institute for Occupational Safety and Health (NIOSH), reasons for incomplete reporting include business practices that discourage reporting, poor organization of records, and poor understanding of reporting requirements.

OSHA requires all employers to report any amputation, loss of an eye, or inpatient hospitalization within 24 hours. Employers need not report these events resulting from motor vehicle accidents, unless the incident occurred in a work zone.

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DOJ files sex discrimination case against Wisconsin agency
2023-02-06T06:00:00Z

DOJ files sex discrimination case against Wisconsin agency

U.S. Department of Justice (DOJ) attorneys filed a lawsuit in federal court on January 26 alleging that the Wisconsin Department of Military Affairs (WDMA) refused to pay a woman applying for a supervisor position as much as male candidates.

The lawsuit alleges that a woman applied for a supervisory position within a WDMA division in 2016 after earning stellar reviews in another state position over the previous five years.

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Changes coming to the out-of-service criteria this year
2023-02-06T06:00:00Z

Changes coming to the out-of-service criteria this year

The Commercial Vehicle Safety Alliance (CVSA) has announced changes to the North American Out-of-Service Criteria (OOSC) set to take effect on April 1, 2023. Here is a list of this year’s changes:

  • Drivers found to have used drugs in the previous 24 hours, based on self-admission or an officer’s findings, will be placed out of service for 24 hours.
  • Hours-of-service (HOS) changes for drivers operating in the United States:
    • A driver will only be placed out of service for false logs if the falsification was an attempt to disguise a violation of an hours limit and:
      • It took place since the last qualifying break that can be verified in the case of the daily limits, or
      • Results in the driver being in violation of the 60- or 70-hour limit.
    • The out-of-service period for false logs will change to the amount of time necessary for the driver to come into compliance, rather than an automatic 10 hours.
  • Hours-of service changes for drivers operating Canada:
    • A driver that does not have a log or that does not have the previous 14 days of logs will be placed out of service until they can present legal logs covering the current and previous 14 days.
    • A driver will be placed out of service for log falsification if the falsification occurred since the last qualifying break that can be verified, and the falsification is disguising an HOS violation.
    • The out-of-service period for falsification remains 72 hours.
    • A violation for not presenting supporting documents will be removed from the OOSC.
  • Logging apps and malfunctioning electronic logging devices (ELDs) that are functioning as an app that cannot print when required will not be an OOS violation, provided the driver can present the logs on the device.
  • Rust on the friction surface of a disc brake rotor must be across the entire face on either side to be an out-of-service violation.
  • A cargo securement note being updated to clarify that there does not need to be a tiedown in each 10 feet of cargo – the 10-feet reference is only needed to determine the required number of tiedowns.
  • Clarification in the OOSC on what suspension components should result in an out-of-service order, even if the axle is not shifting.

Other changes related to roadside inspections

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Happy anniversary, ELDT!
2023-02-06T06:00:00Z

Happy anniversary, ELDT!

February 7 marks the one-year anniversary of the implementation of the entry-level driver training (ELDT) rule. So, how has it gone? What’s next? Let’s take a look.

One year ago February 7, 2022, marked the beginning of a new era for driver training. As of that date, ELDT is required for anyone:

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