Fall 2009 Compliance News


IN THIS EDITION OF PARTHENON COMPLIANCE E-NEWS:
Parthenon Compliance Update
Training Opportunities
In the News
Frequently Asked Questions
Reminders/Alerts


PARTHENON COMPLIANCE UPDATE
View Training DemoThe Training Module is ready! We have several topics uploaded along with training materials, presentations, videos, and quizzes. It is ready for you to start using. If you've supplied us with past training dates and sign-in sheets, that information has already been uploaded into your employees' records.

Going forward, the Human Resource/Safety Director is responsible for setting up classes, which will generate an email to the Location Managers notifying them of upcoming training classes and enrollment. Reports are available to show training history, training expiration, and future training needs. If we haven't already, we'll be contacting you soon to demonstrate how to use the new training module!

Click here to view the training demo.



TRAINING OPPORTUNITIES
The University of Minnesota has a couple of new training programs scheduled for late 2009/early 2010.
  1. For Emergencies Only? Successful Respiratory Protection Program Implementation
    This class is designed to review & explain the OSHA Respiratory Protection Standard (1910.134), and the newest updates. Key elements of daily program implementation as well as planning for emergencies will be addressed using a practical approach. In addition, fit testing will be presented and you will have the opportunity to participate in a fit testing laboratory. For more information and class dates, click here.

  2. Confined Space Entry & Retrieval
    This training incorporates an afternoon of hands-on training utilizing a retrieval system and monitoring equipment. During the session, you will have ample opportunity to participate in setting up entry and retrieval, monitoring the space, and practicing rescue techniques.

    Upon completion of this training you will be able to:
    • Discuss OSHA's Permit-Required Confined Space Final Rule 1910.146.
    • Recognize and evaluate hazards and possible solutions related to confined spaces.
    • List the personal protective equipment, including respiratory protection and monitoring instruments recommended for use in confined space entry.
    • Describe ventilation protocols and retrieval methods.

    For more information and class dates, click here.



IN THE NEWS

DOT Direct Observation Collection Rule to Begin this Month
Mandatory Department of Transportation regulations for direct observation collections of all return-to-duty and follow-up drug tests are scheduled to go into effect August 31, announced by the Office of Drug and Alcohol Policy and Compliance officials.

ODAPC published a final rule in the July 30 Federal Register that restores mandatory direct observation collections for all return-to-duty, safety-sensitive transportation industry employees who have failed or previously refused to take a drug test. According to ODAPC, some employers and labor organizations have entered into collective bargaining agreements that prohibit or limit the use of direct observation collections, but the final rule will be required by federal law.

The U.S. Court of Appeals for the District of Columbia Circuit on July 1 issued its mandate on federal direct observation drug testing rules


New Motor Carrier Enforcement System in Effect
Anyone operating a commercial motor vehicle in the state of Minnesota is now subject to an entirely new method of motor carrier enforcement: Comprehensive Safety Analysis 2010 (CSA 2010). CSA 2010 contains significant differences from the old system, including a change in the number and composition of carrier "peer" groups, and a focus on individual driver performance.

Minnesota is one of six states conducting a pilot of this FMCSA initiative to reduce CMV crashes, fatalities, and injuries. The operational model for CSA 2010 features continuous monitoring and tracking of entities' safety performance. Entities may be either carriers or drivers.

The Minnesota Trucking Association and the Minnesota Safety Council are co-sponsoring a series of three-hour seminars around the state that provide an in-depth introduction to CSA 2010. Click here for more about CSA 2010.



FREQUENTLY ASKED QUESTIONS

Do drivers that have a CDL license but do not drive CMV's need to be in the Drug Pool?
The rules state that if they are driving a pick-up/combination and it is greater than 10,000 pounds, the driver is subject to all DOT Driver Qualification requirements, except drug testing. If the vehicle or combination is greater than 26,000 pounds, then all DOT regulations apply. In addition, if they are hauling a placarded amount of Hazardous Materials, the driver is subject to all DOT Driver Qualification requirements, including drug testing. Therefore, if they meet the criteria listed above you may remove them from your drug pool. Likewise, if they drive in any capacity mentioned above, then they would be required to follow the DOT driver requirements.


What does OSHA mean by a monthly "visual" inspection of fire extinguishers?
While OSHA's Portable Fire Extinguisher regulation, 1910.157(e)(2), does not explain exactly what "visual inspection" should consist of, a June 27, 1997 letter of interpretation (which has since been removed) offered some guidance. In that interpretation, OSHA said that the intent of the monthly inspection is to provide assurance that the extinguisher will operate effectively and safely. In addition to being in its designated place (readily accessible and immediately available), and being pressurized, the extinguisher can be observed for other possible defects, such as corrosion, mechanical damage, the presence of welding, soldering, brazing, or possible tampering.



REMINDERS/ALERTS
  • Reminders/AlertsDOT will be inspecting anhydrous tanks and wagons this fall. Be prepared by having your tanks and wagons properly maintained and make sure your drivers are carrying the proper documentation.

  • Shipping Papers need to be accessible/visible at all times by the driver. They can be in the driver door pocket or on top of a clipboard next to the driver. If they are inside a metal clipboard, there must be documentation on top of that clipboard that says Shipping Papers Inside.



If you would like more information or have any questions about anything presented in this newsletter, please contact Katie Swenson at kswenson@parthenonriskpartners.com or Jenny Hedrick at jhedrick@parthenonriskpartners.com.


Sincerely,
Katie Swenson
Katie Swenson
Compliance Specialist - Parthenon Risk Partners

(320) 212-2976 (Office/Cell)
kswenson@parthenonriskpartners.com


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