Safety Information and Updates

Come January 1, 2024, employers across the United States will need to adapt to significant changes as the U.S. Occupational Safety and Health Administration (OSHA) rolls out its revised recordkeeping rule. This updated rule aims to bolster workplace safety by refining injury and illness reporting requirements, ultimately fostering a safer and healthier working environment.

One of the central changes involves the classification of work-related injuries and illnesses. OSHA's revised rule aligns these classifications more closely with industry best practices, promoting consistency and accuracy in reporting. This refined classification system is expected to provide employers with a clearer understanding of incident severity and associated risks.

Another key facet of the revised rule is the electronic submission of injury and illness data. Employers with 250 or more employees in covered industries will be required to submit this data to OSHA electronically. By mandating electronic reporting, OSHA aims to improve its ability to analyze and interpret workplace injury trends on a broader scale. This data-driven approach will allow OSHA to allocate resources more effectively, targeting high-risk areas and implementing preventive measures.

Furthermore, OSHA's revised rule places a significant emphasis on anti-retaliation protections for employees. Employers must ensure that their policies do not discourage workers from reporting injuries or illnesses. The rule underscores the importance of fostering a culture where employees feel comfortable reporting incidents without fearing retaliation.

In preparation for the rule's implementation, employers should take several proactive steps. First and foremost, familiarizing themselves with the revised rule's nuances is critical. Employers must understand the updated classification criteria, electronic submission requirements, and anti-retaliation provisions.

Additionally, employers should assess their current injury and illness reporting systems to ensure they align with the revised requirements. This might involve modifying reporting forms, training employees on the new classifications, and implementing mechanisms to ensure compliance with anti-retaliation protections.

Ultimately, OSHA's revised recordkeeping rule reflects the agency's commitment to continually improving workplace safety. By adopting these changes and maintaining accurate injury and illness records, employers can identify potential hazards more effectively, implement preventive measures, and cultivate safer workplaces for their employees.

In light of these newly introduced revisions, Dennis K Burke remains steadfast in its dedication to elevating our internal safety protocols and actively fostering a culture of well-being across our organizational landscape.      

On January 6, 2020, the Federal Motor Carrier Safety Administration (FMCSA) instituted a “clearinghouse”, or online database where information about commercial driver’s license (CDL) holder’s drug and alcohol violations are maintained. (For a refresher on the Cleaninghouse, go here: FMCSA Clearinghouse )

Despite having a secure online repository providing real-time information about CDL holder’s drug and alcohol violations, potential new employers have still been required to perform inquiries to all DOT regulated former employers where the prospective employee performed a safety sensitive function within the previous three years. Soon this will no longer be the case.

Effective January 6, 2023, the Clearinghouse will turn three years old. This means that for the first time ever, there will finally be three years of information contained in the Clearinghouse, so prospective employers will no longer be required to perform the drug and alcohol portion of the previous employer inquiry. Great news, right? Not so much. Unfortunately, while the Clearinghouse will satisfy the drug and alcohol portion of employment verifications required by 49 CFR §391.23(e), prospective employers will still be required to satisfy the requirements of 49 CFR §391.23(d) pertaining to accident information.

So what does this mean? As an employer of a new CDL driver, you will still be required to perform the previous employer inquiry to any employer the driver worked for as a CDL driver in the past three years. You won’t HAVE to inquire about their drug and alcohol history, but you will have to ask about any DOT recordable crashes they were involved in. Similarly, as a previous employer of a driver who may have left to seek employment elsewhere, you will no longer be required to provide information about the former employee’s drug and alcohol history, but you will still be required to provide answers about their recordable accident history.

While nothing prevents former or prospective employers from continuing to ask for, or continuing to provide drug and alcohol information, the only real change is that this information will no longer be required. Inquiries will still need to be made, and responses will still need to be given. The only change is to exactly what is required to be asked for, and what is required to be provided.  

IFor more information on the clearinghouse and specific requirements, check their site here: https://clearinghouse.fmcsa.dot.gov/

The FMCSA Clearinghouse deadline is January 6th, 2020, which believe it or not, is only a few weeks away. While CDL drivers do not technically need to register immediately, they will need to do so for mandatory employer pre-employment inquiries so it's better to just get it out of the way now.

The clearinghouse will be a comprehensive database with information on CDL holders' drug or alcohol violations, as well as information on whether that driver has completed required rehabilitation in order to return to work legally. The requirements are applied to ALL CDL drivers, from school bus drivers to interstate truckers. Violations will include any positive drug or alcohol test, DUI conviction, refusal to submit to testing, or acknowledgement of a substance abuse issue. 

Employers, medical review officers and third party administrators will be legally required to report drug or alcohol violations to the database. Employers will also be required to query the database to confirm new hires are eligible to work (no violations, or have completed required rehabilitation) and will also need to annually query to make sure current employees remain eligible to be a commercial driver. State licensing agencies (like the MA RMV) will also be required to query the system when reissuing CDL licenses. 

The goal of the database implementation is to ensure that CDL holders who have drug or alcohol violations are removed from the road until they have fulfilled steps to show they are a safe operator again.

This past summer the State of Massachusetts had an extremely tragic example of what can happen when CDL license holders are not properly vetted by licensing agencies and/or employers in regard to their drug or alcohol violations when a multiple violator killed 7 motorcyclists in New Hampshire while under the influence. Comprehensive, multi-agency efforts like the FMCSA Clearinghouse are put in place to make sure the proper checks are in place to get unsafe drivers off the road, and try to reduce the likelihood another incident like the one in New Hampshire happens again.     

The DOT has a great powerpoint presentation that runs through some of the major points regarding the Clearinghouse that you can access here: Final Rule: Commercial Driver's License Drug & Alcohol Clearinghouse

You can also access the full rule text here: Commercial Driver's Drug and Alcohol Clearinghouse

This summer we had another successful round of our annual "Safety Jeopardy" game at Driver Safety meetings. We've discussed before how we try to cover as much relevant safety info and training as possible to all our drivers at our monthly meetings. Safety Jeopardy has the same goal, but even the Safety Department will admit it's more fun to review safety stats and info via Jeopardy. 

It's easy to lose sight of the truly monumental amount of information that drivers need to know and remember on multiple topics in order to do their jobs safely, and Jeopardy is a fun way to refresh everyone's memory with a little friendly competition. 

Looks like the team enjoyed it, based on those smiles (even Ed Burke and some Sales Reps got in on the action!)