Consultants

Safety and Compliance Updates: July 1, 2018

FMCSA Extends Medical Card Rule for Three Years

The Federal Motor Carrier Safety Administration (FMCSA) has issued an interim final rule that delays several provisions of the Medical Examiner’s Certification Integration final rule from June 22, 2018 date to June 22, 2021. The final rule will be published in the Federal Register in the next few days.

GAWDA General Counsel Richard Schweitzer reports that the action was taken to provide FMCSA additional time to complete certain information technology system development tasks for its National Registry of Certified Medical Examiners (National Registry) and provide the State Driver’s Licensing Agencies (SDLAs) sufficient time to make the necessary IT programming changes after upgrades to the National Registry.

This interim final rule requires that through June 21, 2021:

Certified Medical Examiners: Continue issuing the original paper Medical Examiner’s Certificate, Form MCSA-5876 to all qualified drivers including Commercial Learner’s Permit/Commercial Driver’s License applicants/holders.

Drivers:

Commercial Learner’s Permit/Commercial Driver’s License Applicants/Holders: Continue providing the SDLA a copy of their Medical Examiner’s Certificate, Form MCSA-5876. Continue carrying their Medical Examiner’s Certificate, Form MCSA-5876 as proof of medical certification for the first 15 days following certification.

Motor Carriers: Continue verifying that drivers were certified by a certified Medical Examiner listed on the National Registry.

State Driver’s Licensing Agencies: Continue processing paper copies of Medical Examiner’s Certificates, Form MCSA-5876 they receive from Commercial Learner’s Permit/Commercial Driver’s License applicants/holders.

The interim final rule does not change the requirement for medical examiners to report results of all commercial motor vehicle driver physical examinations performed (including the results of examinations where the driver was found not to be qualified) to FMCSA by midnight (local time) of the next calendar day following the examination. The compliance date for this provision remains as June 22, 2018. FMCSA will announce when the function is restored that allows medical examiners to report results of examinations conducted. Until that time, medical examiners should segregate all examinations completed during the National Registry outage and be prepared to upload them to the National Registry system when it is back online, with no penalties.

Thus, for CDL drivers and carriers, the current process will continue as is for three additional years. Drivers must still submit a copy of their Medical Certificate (Form MCSA-5876) to the State driver licensing agency, and must carry that certificate with them for 15 days after certification by a Medical Examiner.

OSHA 300 Electronic Reporting Was Due July 1 for Most Members

GAWDA Safety Consultant Michael Dodd reports that employers with 250 or more employees and those with 20 to 249 employees in certain high-risk industries must submit their 2017 300-A Summary information to OSHA.

The high-risk industries are listed by NAICS code in Appendix A to Subpart E to Part 1904. Dodd notes, “All GAWDA member locations that fill cylinders, requalify cylinders or sell gases or welding supplies are included in the high-risk industries.” In addition, he says, “Locations having 20 or more employees must do the electronic reporting. The only example I can think of that would not be included would be locations that are strictly administration and that same location does not have a plant or a store on the property.”

As for that NAISC code? Dodd says that if your location does multiple types of business, you must pick the code that is more than the largest segment of revenue out of that location.

Examples are:

  • 325120 – Industrial Gas Manufacturing
  • 423820 – Industrial Supplies Merchant; Welding Supplies Wholesalers
  • 424690 – Welding Gases, Other Chemical and Allied Products Merchant Wholesalers
  • 454390 – Other Direct Selling Establishments

Dodd says this OHSA website has details on who must submit, how to do the submission, and the timing for this year (July 1) as well as the following years, which will require electronic reporting by March 2 starting in 2019.

He says that there may be different requirements for states that run under an OSHA approved state plan. Members can check this website for further details 

Hazmat Registration Requires PHMSA Portal

Hazmat Registration now requires entrée through the PHMSA Portal, Dodd reports.

Members will need to sign up for a user name, and then will be emailed a password.

Dodd notes that registration pages look different this year but are easily worked through. He adds, “Be sure to check the small business box if you qualify, so you get the $250/year price versus the $2,575 per year price for the large business (plus $25 processing fee for either version).” He says most GAWDA members “will be checking the category F as well.” Find the portal link here.

Manchester Tank Issues Safety Notice

Dodd also shares the following safety notice originating from Manchester Tank & Equipment, regarding aluminum forklift cylinders that company manufactured from 1992 through 1993.

The Manchester notice states:

“SAFETY NOTICE:  To Propane Distributors and Fillers: PRODUCT – 33.5 LB. Aluminum Forklift Cylinders Hazard – This Safety Notice concerns 33.5 lb. aluminum forklift cylinders manufactured by Manchester Tank & Equipment Company from 1992 through 1993 only.

The aluminum forklift cylinders made during this timeframe may develop stress corrosion cracking in the sidewall of the cylinder that can lead to fuel leakage. An undetected leak could lead to a fire.

Remedy: The following actions are to be taken to prevent an incident that may cause injury, death or property damage:

  • Do not refill the cylinder
  • Remove the cylinder from service
  • Provide this notice to customers with bulk tanks used for refilling their forklift cylinders”

Manchester asks that the notice be posted at each gas filling location that fills forklift cylinders. For more information call: 800-640-6327 Monday through Friday 8:00 a.m. to 5:00 p.m. Central Time or visit www.mantank.com.

Comments

comments

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top