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NEW POST-ACCIDENT RULES FOR DRUG TESTING Note: This article is provided for educational purposes only and should not be relied upon as legal advice. The reader retains full responsibility to ensure compliance with all applicable laws relative to drug testing. OSHA's new post-accident rule was delayed until November 1, 2016. That date rapidly approaches. OSHA's FAQ page states that the new rule "does not prohibit drug testing of employees. It only prohibits employers from ...using drug testing, or the threat of drug testing, as a form of retaliation against employees who report injuries or illnesses." In preparation for November 1, take a moment to run through this checklist. My policy requires automatic blanket testing of anyone involved in an accident? Yes/No My policy uses post-accident triggers such as a dollar amount of damage? Yes/No My policy requires drug testing after any workplace accident, no matter the scale? Yes/No If you answered yes to any of the items above, then your policy leaves you open to a high risk of OSHA citation. There are exceptions of course. Employers that are complying with state or federal drug testing requirements are not affected. Here's another checklist. Take a look and see how it compares to the one above. My policy has been reviewed recently for OSHA compliance issues? Yes/No My policy limits post-accident testing to situations and individuals where there is reasonable cause to believe impairment played a role? Yes/No My supervisors and managers are trained to recognize signs of substance abuse and document them for reasonable suspicion purposes? Yes/No If you answered yes to any of these questions, then you are already on your way to OSHA compliance. While we will need to wait and see how this plays out after November 1, by avoiding a few pitfalls and following a few best practices now, employers can proceed with relative confidence

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Supervisor Training and Employee Education: Why It Matters by Sharon Bottcher Note: This article is provided for educational purposes only and should not be relied upon as legal advice. The reader retains full responsibility to ensure compliance with all applicable laws relative to drug testing. ...Continue reading

Medical Marijuana and the Trend Toward Recreational Marijuana by Bill Current Note: This article is provided for educational purposes only and should not be relied upon as legal advice. The reader retains full responsibility to ensure compliance with all applicable laws relative to drug testing. ...Continue reading

Lawful Activity Statutes and Marijuana by Bill Current Note: This article is provided for educational purposes only and should not be relied upon as legal advice. The reader retains full responsibility to ensure compliance with all applicable laws relative to drug testing. ...Continue reading

NEW YORK TRUCKING COMPANY FIRED DRIVER FOR REPORTING TRUCK SAFETY CONCERNS OSHA ORDERS TRUCKING COMPANY TO PAY DRIVER $45K FOR WISTLEBLOWER VIOLATIONS NEW YORK - All the truck driver wanted was a safe vehicle to operate. His employer fired him instead. In so doing, the trucking company violated the anti-discrimination provisions* of the Surface Transportation Assistance Act, an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration has f...Continue reading

Alcohol Testing and the ADA Note: This article is provided for educational purposes only and should not be relied upon as legal advice. The reader retains full responsibility to ensure compliance with all applicable laws relative to drug testing. Current alcohol abusers are protected under the Americans with Disabilities Act (ADA). And disability-related inquiries and medical examinations are subject to the ADA's restrictions. On the list of "pre-employment" medical examin...Continue reading

The following asked questions address the hours-of-service provisions found in the 1,700-page Consolidated and Further Continuing Appropriations Act, 2015, which was signed into law on December 16, 2014. The law affects use of the 34-hour restart provision. What does the law require? Among many other provisions, the new law says that the Federal Motor Carrier Safety Administration (FMCSA) cannot use federal funds to enforce the restrictions that were placed on the 34-hour r...Continue reading

https://www.transportation.gov//do/PIE_Decision_Khouri.pdf Fraudulent MRO reports

Proposed Medicine Questionnaire The FMCSA has proposed a voluntary Medicine Use Questionnaire that CMEs can send to prescribing providers when a medication may be a risk to safe driving. It requires the provider to fill in all of the medications and medical conditions of the driver. This is a lot more work for those providers, and quite frankly it is going to make it harder for CMEs to obtain clearance on medications, in my opinion. If you want to review the questionnair...e or make comments go to the Federal Register website and search for docket: FMCSA-2015-0180. Sleep Apnea Guidelines goes to OMB The FMCSA has sent their new sleep apnea guidelines to the Office of Management and Budget for approval. This will take at least 2 months. After that, the FMCSA will post a final rule establishing the new sleep apnea guidelines. FMCSA has been as quiet as a mouse on this one, but when I get any word about what to expect, I will of course keep you informed.

Safe winter driving takes extra skill Many employees drive on the job; remind them to get ready for winter road conditions Posted December 4, 2015 For many people, driving is part of the job: truck drivers, police officers, fire fighters, mail carriers, utility personnel, sales and service professionals, etc. Transportation incidents account for about 40 percent of all on-the-job deaths in the United States.... If your employees are out on the highways, give them these winter weather travel tips from the American Society of Safety Engineers (ASSE): Be careful when driving on bridges and overpasses. Elevated roadways are the first roadways to freeze in winter conditions. Reduce your speed and increase following distances between vehicles. A vehicle needs three times more space to stop on slick or icy roads. Visibility is also more difficult in winter weather conditions. When encountering black ice, reduce your speed by easing off the accelerator rather than braking. To avoid skidding, take corners very slowly and steer gently and steadily. If you skid, turn the steering into the skid; ease off the accelerator, but do not break suddenly. If you are stranded or stalled, stay in your vehicle and wait for help. Drivers should carry a cell phone, with a charged battery, in order to call for help. Motorists should also have an emergency kit in the vehicle along with additional warm clothing. Use headlights during adverse weather some state laws mandate this and use fog lights in dense fog. Maintain a safe distance behind snow plows and vehicles that are salting the roads. Do not travel if temperatures are expected to be extremely cold. Plan ahead and allow plenty of time to travel. Employers should have information on employee driving destinations, driving routes, and estimated time of arrivals. Drivers should be patient while driving in winter conditions. Make sure the vehicle is winterized. Have a mechanic look at the battery, antifreeze, wipers, windshield washer fluid, ignition system, thermostat, lights, flashing hazard lights, exhaust system, heater, brakes, defroster, tire tread, and oil level. Carry a windshield scraper. Check weather conditions before traveling. Monitor National Weather Service winter storm watches, warnings, and advisories. Always wear your seatbelt. Do not drink and drive.