Spring 2009 Compliance News


Noteworthy itemsIN THIS EDITION OF PARTHENON COMPLIANCE E-NEWS:
Parthenon Compliance Update
Fax In Training Documentation
Regulatory Questions
In the News
If You're Wondering...

Parthenon Compliance Update
The Parthenon Compliance website is now live and ready to use! Parthenon has several clients at different stages in the process of getting Driver Files, Written Safety Programs, and Housekeeping information loaded into the software. We've
been working hard over the past few months, and the good news is we're making progress!

The Training portion of the software should be ready for production sometime in late spring or early summer. Several clients are looking forward to using this section of the software. We are also excited that the entire Parthenon video library will be available on-line, giving you the ability to show videos to employees when your time allows.

Thanks again for all the feedback and comments. Your ideas are greatly appreciated and many have been incorporated into the software.



Fax In Training Documentation
Even though the Training module is not fully developed, we are still able to start tracking training dates and information. Please fax in any training documentation you wish to save, including employee sign-in sheets, quizzes, and other training content. We will upload the information into the software once it is fully developed.



Regulatory Questions
We have received several questions regarding different regulations and how they pertain to your operations. Please feel free to contact Katie or myself with any regulatory questions. If we do not know the answer, we most likely know where to find the answer and can get back to you. Also, if you happen to come across any articles you think would benefit Parthenon Compliance, please share them with us. There is so much information available that it's hard to keep an eye on everything. We really do appreciate you passing things along.



In the News

Final Rule Clarifies 'Per-Employee' Violations on PPE, Training
OSHA issued the final rule on December 12, 2008 regarding employer responsibility for providing workers with personal protective equipment and training. The agency said the rule, effective January 12, 2009, makes it "unmistakably clear" that each covered employee must receive PPE and training, and that each instance of noncompliance may be considered a separate violation subject to a separate penalty.

OSHA said the action does not add any new compliance obligations, and was taken in response to recent decisions of the Occupational Safety and Health Review Commission that questioned differences in wording among various OSHA PPE and training provisions. The acting OSHA administrator described the rule as a "technical correction."


U.S. DOT Streamlines Commercial Drivers' Electronic Records
The Federal Motor Carrier Safety Administration has issued a final rule that will require states to merge the commercial driver's license (CDL) and the driver's medical examination certificate into a single electronic record. The State Driver License Agency must record medical certification into the Commercial Driver License Information System (CDLIS). When fully implemented in three years, the new system is expected to streamline recordkeeping obligations for the states and CDL holders, and provide instant electronic access to medical certificates by enforcement officials.

In addition, the rule requires states to take enforcement actions against CDL holders if they do not provide medical certification status information within the deadline. A copy of the medical examiner's certificate in the DQ file will only be valid for 15 days after the driver receives a copy. After 15 days, the motor carrier must have a copy of the CDLIS MVR as documentation that the driver is medically qualified and kept in the DQ file.

Important Dates:
  • States have until January 30, 2010 to have the CDLIS in place and ready to receive driver information.
  • CDL holders must submit their self-certification on whether this rule applies to them and copy of medical exam to the state driver license agency starting January 30, 2012, but no later than January 30, 2014.
  • CDL holders will be required to submit all subsequent issued medical examiner's certificates (every 2 years) to the state driver license agency.


IF YOU'RE WONDERING...

Do our drivers need to be wearing safety vests?
Federal Highway Administration's (FHWA) has implemented a new rule requiring workers within the right-of-way of any federal aid and highway to wear high visibility safety vests if the driver is on foot.

The vest requirement does not apply to any driver who is not standing in the right-of-way of a federal-aid highway. The most likely scenario is that the rule will apply to heating oil delivery drivers and maintenance trucks that park vehicles in the road while delivering product or to drivers delivering product to road maintenance and construction sites. Even in these cases, the road must be a federal-aid highway in order for the vest requirement to apply.

Does every CDL driver need to have a road test in their DQ file? What if they've been here for 20 years?
There seems to be confusion on this issue. I have spoken with a DOT Auditor in regards to this regulation. The consensus from the DOT is YES, every driver with a TANKER or DOUBLE/TRIPLE endorsement must have a road test in the DQ file. It is also not a bad idea, from a company liability standpoint, to ensure that your drivers are safe and performing in the correct manner.




Please contact Katie or me if you have any questions on the information presented in this newsletter or if anyone you know should be added to this distribution list.


Sincerely,

Jenny Hedrick
Compliance Specialist - Parthenon Risk Partners

(320) 894-9765 (Office/Cell)
jhedrick@parthenonriskpartners.com

Parthenon Risk Partners
www.parthenonriskpartners.com