Welcome to the holiday edition of the Transportation News! We hope this New Year brings you an your family joy. Take a look at some of the top stories impacting the transportation sector recently:
Crash Preventability Determination Program (CPDP)
On December 4, 2024, TMCSA published a Federal Register Notice Announcing Changes to the CDPD. Four new crash types have been added to the list of 21 specific crash types eligible for Request for Data Review with the required police accident report (PAR) and any other supporting documents, photos, or videos through the Agency’s DataQs system. The 4 crash types added are:
- CMV was struck on the side by a motorist operating in the same direction as CMV.
- CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
- CMV was struck because another motorist lost control of the vehicle.
- Any other crash involving a CMV where a video demonstrates the sequence of events of the crash.
FMCSA will accept DataQs requests for data review (RDRs) for the new and updated crash types for crashes that occur on or after December 1, 2024.
FMCSA ANALYSIS AND INFORMATION ONLINE
Those of us that are used to accessing the A&I from SMS Penalty links now receive the following Error page. At issue is the company USDOT link is not pulling through from SMS to A&I.
Solution:
Filter by> Enforcement Programs> Enforcement Cases> Select Closed Cases
Enter the USDOT # and Year to view Violation Code. e.g. 396.3(a), and Total Amount Settled
WINTER WEATHER – PLAN, EQUIP, AND TRAIN
To prevent injuries, illneses and fatalities during winter storms. Winter weather presents hazards including slippery roads/surfaces, strong winds and environmental cold. Employers must prevent illnesses, injuries, or fatalities, by controlling these hazards in workplaces impacted by winter weather. Learn more at www.osha.gov/winter-weather.
MULTI FACTOR AUTHENTICATION
We’ve all seen those SPAM call warnings come up on our cell phones. It seems they just keep coming no matter how many times we delete, block and even report them as phish attempts. Users are cautioned in doing so, particularly in light of the various systems that require multi-factor authentication, such as company email, banks, etc. MFA sends back a code to the user’s phone or email in order to access the system. Users may mistake the MFA call as SPAM or phish and inadvertently blocks the phone number or email address on their phone or computer, and thus lose access to important data systems. If the user discovers the wait time for receiving an MFA is inordinately long, or never receives the code, they may need to go into their device and unblock the phone number.
ASK THORN VALLEY
Question: “I heard the newer forklifts have seatbelt, but do you know if there is a requirement to retrofit old ones? “
Answer: Good question. ASME 856.1-1993 – Safety Standard states that all forklifts manufactured after the year 1992 must have a restraint system or overhead protection that will aid workers for surviving tip over accident and reducing severity of injury.
Example: Seatbelts. Nearly 100 workers are killed by forklift tips annually. The predominant move is to jump or be thrown out when the tips starts, and ultimately being crushed by the machine. (Similar to the physics involved with a CMV driver ejection scenario during a rollover). Forklifts (or PIT’s – Powered Industrial Trucks) are regulated under OSHA 1910.178 with the following interpretation:
Question 4: Is it a requirement that our employees put on their seat belt every time they get on the forklift?
Reply: Yes. OSHA’s current enforcement policy on the use of seat belts on PITs is that employers must require operators of PITs equipped with operator restraint devices, including seat belts, to use the devices. Please note that 29 CFR 1910.178(q)(6) prohibits employers from removing seat belts from powered industrial trucks.
Ultimately, I find no rule that forklifts manufactured prior to 1992 are required to be retrofitted. However, a company that has one of these still in service is operating a 33 year old machine. I’d advise them to replace it and upgrade. It’s probably a maintenance drag, and could be an accident waiting to happen.