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OSHA has just released two more guidance documents relating to safety and health training and hazard communication. Temporary Worker Initiative (TWI) Bulletin No. 4 – Safety and Health Training and Temporary Worker Initiative (TWI) Bulletin No. 5 – Hazard Communication.
Under its hazard communications guidance, OSHA states that both the host employer and the staffing agency share responsibility to ensure temporary workers are informed and trained regarding exposure to hazardous chemicals. Similarly, under its safety and health training bulletin, OSHA emphasizes the shared responsibility host employers and temporary agencies have for providing proper training. OSHA also confirms that the party who supervises the temporary employee’s work must comply with OSHA’s injury and illness recordkeeping and reporting requirements for temporary workers.
Other highlights from OSHA’s most recent guidance include the following:
As this newly published guidance makes clear, fulfilling this shared responsibility for temporary worker safety requires thoughtful coordination between staffing agencies and host employers. While host employers will typically have primary responsibility for training and communication regarding site specific hazards, staffing agencies must make reasonable inquiries to verify that the host employer is meeting these requirements.
FMCSA and Safety Fitness Standard
On January 15, 2016, the Federal Motor Carrier Safety Administration (FMCSA) issued a proposed safety fitness determination rule that would use data from agency and roadside inspections and investigations, or both, in evaluating on a monthly basis whether a carrier is fit to operate. The proposed rule would replace the current three-tier federal SafeStat rating system of "satisfactory, conditional or unsatisfactory" for carriers to a single determination of "unfit," which would require the carrier to either improve or cease operations. A carrier could be proposed unfit by failing two or more Behavior Analysis and Safety Improvement Categories (BASICs) through inspections or investigation results, or a combination of both, the agency said. Once in place, the rule will permit FMCSA to assess the safety fitness of approximately 75,000 companies a month using the agency's Compliance, Safety, and Accountability program's safety measurement system methodology. Currently FMCSA investigates approximately 15,000 motor carriers annually. The proposal will be available at www.regulations.govat docket number FMCSA-2015-0001. The initial comment period has been extended until May 23, 2016. Please take a moment to review the FMCSA links below. The informational webinar link provides a good overview of the Safety Fitness Determination NPRM.
Safety Fitness Determination (SFD) Notice of Proposed Rulemaking (NPRM) Resources:
FMCSA calculator for motor carriers to determine how the proposed rule would impact them:
If you have any comments or questions please contact ReMA Transportation Safety Director Commodor Hall at (202) 662-8519.