Regulatory

The U.S. Department of Labor's Occupational Safety and Health Administration announced on May 23, 2011 that it has launched a survey of private sector employers as a tool toward better designing future rules, compliance assistance and outreach efforts. As many as 19,000 employers nationwide will receive the Baseline Survey of Safety and Health Practices, which asks questions about workplace safety and health management practices.

On May 9, 2011, the Federal Motor Carrier Safety Administration (FMCSA) published a Federal Register notice amending the commercial driver’s license (CDL) knowledge and skills testing standards and establishing new minimum Federal standards for States to issue the commercial learner’s permit (CLP).  The rule requires that a CLP holder meet virtually the same requirements as those for a CDL holder, meaning that a driver holding a CLP will be subject to the same driver disqualification penalties that apply to a CDL holder.

The Occupational Safety and Health Administration (OSHA) has revised its standards on general working conditions in shipyard employment. These revisions update existing requirements to reflect advances in industry practices and technology, consolidate some general safety and health requirements into a single subpart, and provide protection from hazards not addressed by existing standards, including the control of hazardous energy.

In the April 29, 2011 Federal Register, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of proposed rulemaking (NPRM)  to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73.

In the March 11, 2011 Federal Register, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published a proposed rule that would protect the public by improving the safe transfer of hazardous materials to and from cargo tank motor vehicles. The proposed rule would require additional training for employees and new safety requirements for motor carriers and facilities that transfer hazardous materials to and from cargo tank motor vehicles.

In the March 2, 2011 Federal Register, the Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) announced that it is implementing enhanced inspection, investigation, and enforcement authority conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005.

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has issued a regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers.

The publication of the proposed rule coincides with the timeframe established in a court settlement agreement that requires FMCSA to publish a final HOS rule by July 26, 2011. 

The Department of Labor has announced a series of live Question and Answer and online (webchat) sessions on its recently released regulatory agenda.