DG Digest: An NPRM from OSHA in reference to required emergency response measures and organization

“Punxsutawney Phil,” the famous prognosticating groundhog in Pennsylvania, did not, according to news reports, see his shadow last Friday. According to the tradition, that means we’ll see a speedy end to winter. Let’s hope that groundhog nailed it! Meanwhile, however, just in case he’s wrong, be sure your winter safety plans remain in effect until we get through the season. Here’s the week’s news:

OSHA

In a significant new proposed rulemaking, the agency is proposing to issue a new safety and health standard, titled Emergency Response, to replace the existing Fire Brigades Standard. The new standard would address a broader scope of emergency responders and would include programmatic elements to protect emergency responders from a variety of occupational hazards. The rule would supersede what the agency feels is the current patchwork of existing rules under various standards and will if adopted centralize the regulatory framework for required emergency response under one, easier to find and follow rule. Comments on this NPRM must be submitted by May 6, 2024. See the proposed rule here:

2023-28203.pdf

The agency also issued a further ICR related to the hydrostatic testing requirement for portable fire extinguishers. Find out more here:

2024-01892.pdf

FMCSA

In a new NPRM, the agency proposes to increase flexibility for State Driver Licensing Agencies (SDLAs) and commercial driver’s license (CDL) applicants by:

  • expanding applicants’ ability to take a CDL skills test in a State other than their State of domicile
  • permitting a commercial learner’s permit (CLP) holder who has passed the CDL skills test to operate a commercial motor vehicle (CMV) on public roads without having a qualified CDL holder in the passenger seat
  • eliminating the requirement that an applicant wait at least 14 days to take the CDL skills test following initial issuance of the CLP
  • remove the requirement that CMV drivers must have a passenger (P) endorsement to transport CMVs designed to carry passengers, including school buses, when the vehicle is being transported in a driveaway-towaway operation and the vehicle is not carrying any passengers
  • require that third-party knowledge examiners be subject to the training, certification, and record check standards currently applicable to State knowledge examiners
  • require that third-party knowledge testers be subject to the auditing and monitoring requirements now applicable to third-party skills testers

See the proposal here:

 2024-01710.pdf

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