EPRCA Tier II Reports born from Tragedy

February 16, 2012 By Leave a Comment

In the early morning of December 3, 1984, a Union Carbide plant near Bhopal, India released approximately forty tons of Methyl Isocyanate (MIC) into the air. The gas quickly spread over the ground and, in the end, killed upwards to 5,000 people and injured 50,000 more. The other place that Union Carbide manufactured MIC was at its Institute plant in West Virginia. Following the Bhopal release Union Carbide elected to shut down production of the deadly chemical at its West Virginia location until it could make $500 million worth of safety improvements.

New Safety Programs

Approximately four months after completion of the safety improvement program, 500 gallons of highly toxic aldchiloxin (and MIC) leaked from the plant. Although no one was killed, 134 people living around the plant were treated at local hospitals.

Both the Bhopal and West Virginia incidents highlighted the serious nature of modern-day chemical production — no matter what safety precautions are taken, no matter how well trained a plant’s employees may be, and no matter how prepared a plant may be to handle an emergency situation, accidents can still occur and people may die.

Congress Acts

With thousands of chemical accidents occurring in the United States within a five year period in the mid-1980s, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986, ushering in a new wave of regulations and reporting requirements designed to alert the surrounding communities of the dangers posed at chemical facilities in the U.S.

To implement EPCRA, Congress required each state to appoint a State Emergency Response Commission (SERC). The SERCs are required to divide their states into Emergency Planning Districts and to name a Local Emergency Planning Committee (LEPC) for each district.

The facilities covered by EPCRA requirements are now required to submit an Emergency and Hazardous Chemical Inventory Form to their LEPC, as well as their SERC, and their local fire department annually by March 1st.

The reports known as “Tier II Reports,” require basic facility identification information, employee contact information for both emergencies and non-emergencies, and information about chemicals stored or used at the facility.
Under the EPCRA, SERCs and LEPCs are charged with four primary responsibilities:

  1. Write emergency plans to protect the public from chemical accidents;
  2. Establish procedures to warn and, if necessary, evacuate the public in case of an emergency;
  3. Provide citizens and local governments with information about hazardous chemicals and accidental releases of chemicals in their communities; and
  4. Assist in the preparation of public reports on annual release of toxic chemicals into the air, water, and soil.

Tier II Reporting Information

What facilities are covered?

  • Any facility required under Occupational Safety and Health Administration (OSHA) regulations to maintain material safety data sheets (MSDSs) for hazardous chemicals stored or used in the work place. Facilities with chemicals in quantities that equal or exceed the following thresholds must report:
  • For Extremely Hazardous Substances (EHSs) , either 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower
  • For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons (or approximately 283,900 liters), if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
  • For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons (or approximately 378,500 liters), if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
  • For all other hazardous chemicals, 10,000 pounds.

Tier2 Submit Software

  • EPA has recently developed ‘Tier2 Submit,’ an online software program designed to help facilities prepare an electronic chemical inventory report. Although many states accept Tier2 Submit, some states such as Missouri do not.

Certification

  • The owner or operator or the officially designated representative of the owner or operator must certify that all information included in the Tier Two submission is true, accurate, and complete.

Penalties:

  • Any owner or operator who violates any Tier II reporting requirements shall be liable to the United States for civil penalty of up to $27,500 per day for each such violation.
  • Although each day a violation continues shall constitute a separate violation it has been EPA’s policy not to enforce the daily penalty on those companies making a good faith effort to come into compliance with the reporting requirements.

For more information on EPA Tier II reporting requirements visit their website.  Specific state requirements links can also be found there.

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OSHA 2013 Budget Request Unchanged From 2012

February 13, 2012 By Leave a Comment

The U.S. Department of Labor today outlined its part of the president’s fiscal year 2013 budget request to Congress, which according to DOL focuses on efficiently achieving the department’s goals while exercising fiscal restraint.    See Summary below:

For information on the president’s FY 2013 budget request for the Department of Labor, visit http://www.dol.gov/budget.

 

Filed Under: OSHA Tagged With: , , , , , ,

Recruit Safety Champions to Reduce Workplace Accidents

February 9, 2012 By Leave a Comment

During a particular busy work shift you see a heavy object fall off a ledge or shelf and thud to the floor a foot or so away from a coworker. Whew…no harm, no foul.  Right?  Consider this Seventy-five percent of all accidents are preceded by one or more near misses, according to the National Safety Council.

There is a serious real-life danger in near misses that don’t result in damage to persons or property, because of the tendency to think of them like a Hollywood horror movie; scary for a few moments, but with no real harm done.  This is a dangerous attitude though; if you don’t notice and correct whatever condition or behavior that caused the close call, it’s very likely that there will be further close calls, some minor accidents, and finally-with just the right combination of circumstances, there may be a very serious or fatal accident.

What is a near miss?

“Near misses” can be defined as minor accidents or close calls that have the potential for property loss or injury.  A near miss will prevent a task from being completed as planned.   Most accidents can be predicted by close calls.  These are accidents that almost happened or possibly did happen but simply didn’t result in an injury this time around.

What is an accident?

An accident is an unplanned, unexpected event that interferes with or interrupts normal activity and potentially leads to personal injury or dollar loss, including equipment damage.  Accidents have two things in common. They all have outcomes and they all have contributory factors that cause the accident.

There are numerous negative outcomes of accidents including injury and possible death, damage to equipment and property, litigation costs and possible citations, lost productivity, and morale issues. However from that, positive outcome from accidents can include an accident investigation which identifies key issues that can lead to prevention of recurrence, changes to existing safety paradigms which can lead to changes to policies and procedures, and changes to equipment design.

The seven deadly sins (workplace accidents):

  1. Falls to the same or lower level;
  2. Contact with chemicals, electricity, heat or cold;
  3. Caught in, on, or between;
  4. Bodily reaction from voluntary or involuntary motion;
  5. Struck against a stationary, moving, or protruding object or a sharp or jagged edge;
  6. Struck by a moving, flying, or falling object; and
  7. Rubbed or abraded by fiction, pressure, or vibration.

Obviously every close call or accident is a call for action.  Sometimes its cause can be easily fixed.  In other cases, the whole system may need a major revision. But near misses and accidents should never be ignored.  Make your employees “accident aware” by informing them of what the organization is doing to prevent accidents.

As working safely often means looking out for each other, it is no wonder that  employee involvement is the key to reducing accidents.  There are several ways to accomplish this, including providing opportunities to give voice to the needs and concerns of your frontline employees.  Consider recruiting employees from across multiple areas of your company to be safety champions, and design multiple communication strategies for them including using internal blogs, group email, safety newsletters, e-learning and classroom training, as well as encouraging the development of live forums or town hall meetings to further training efforts and to share success stories and shared challenges.

Ways to Reduce Accidents

  • Obtain top level management support for accident prevention
  • Perform a hazard analysis for each job
  • Review the use of hazardous chemicals
  • Study and evaluate the layout of workstations
  • Analyze your worker’s duties for ergonomic risks
  • Review your worker’s behavior and pay attention to their attitudes
  • Recruit your front line supervisors for safety initiatives
  • Complete regular safety checks of all equipment
  • Inspect your facility for layout and environmental hazards
  • Review and keep your worker training program current
  • Always enforce safety rules
  • Make the changes necessary to reduce hazards

As your workers and supervisors cooperate with these programs, stay alert for hazards, and follow reporting instructions, they will be able to avoid most accidents in the workplace.

Filed Under: Safety News Tagged With: , , , , , ,

OSHA Logs Must Be Certified By An “Executive of the Company” Is that You?

January 30, 2012 By Leave a Comment

“The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently cited the Lowe’s Home Centers Inc. regional distribution center in Rockford, Illinois with $182,000 in penalties for failure to document and report employee injuries and illnesses, as required by OSHA safety and health regulations.”

That got your attention didn’t it?

 

There should be no doubt about it, OSHA takes record keeping very seriously.   Remember, it’s not about the paperwork itself, its about the information on the paperwork.   OSHA doesn’t have an army of compliance officers to constantly check in on every employer so they must rely on the employers themselves to self-report on injuries and illnesses.

To OSHA the lack of proper paperwork demonstrates a lack of respect for safety and raises reasonable doubts as to the employers commitment to safety.   So do yourself and your employees a favor and keep up on your record keeping requirements.

According to OSHA 1904.32(b)(5) You must post a copy of the annual summary (OSHA 300-A Log) in each establishment in a conspicuous place or places where notices to employees are customarily posted.   You must ensure that the posted annual summary is not altered, defaced or covered by other material.   Everyone knows that…right?

Did you also know that the OSHA 300 Log must be certified as accurate by a company executive?   Did you know that most safety managers, supervisors, directors, and/or coordinators do NOT qualify as an executive?

According to the OSHA, The company executive who certifies the log must be one of the following persons:

  • An owner of the company (only if the company is a sole proprietorship or partnership);
  • An officer of the corporation;
  • The highest ranking company official working at the establishment; or
  • The immediate supervisor of the highest ranking company official working at the establishment.

If as a safety manager, director, or supervisor you meet one or more of these definitions, then I congratulate you on a career well done!   But for the rest of us, we need to make sure that a company executive certifies the OSHA 300 log.   The company executive must certify that they have examined the OSHA 300 Log and that they reasonably believe that the annual summary is correct and complete.
Employers must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30.When do I have to post the annual summary?

Who Must Maintain the OSHA 300 Log?

All employers with 11 or more employees in the selected industries, as determined by their SIC and/or NAICS classification (e.g., Agriculture, Oil and Gas, Manufacturing, Construction, Transportation, General Merchandise Stores, Hospitality, and Health Services), must keep injury and illness records.

Some employers are normally exempt for these recordkeeping requirements, such as Retail trade, Financial, Banking, Insurance and Real Estate sectors.

Employers who operate establishments that are required by the rule to keep injury and illness records are required to complete three forms: the OSHA 300 Log of Work-Related Injuries and Illnesses, the annual OSHA 300A Summary of Work-Related Injuries and Illnesses, and the OSHA 301 Injury and Illness Incident Report.

Employers are required to keep separate 300 Logs for each establishment that they operate that is expected to be in operation for one year or longer. The Log must include injuries and illnesses to employees on the employer’s payroll as well as injuries and illnesses of other employees the employer supervises on a day-to-day basis, such as temporary workers or contractor employees who are subject to daily supervision by the employer.

Filed Under: OSHA Tagged With: , , , , , ,

OSHA Slashes Number of Online Trainers and Encourages Enrollment at OTI Ed. Centers

January 25, 2012 By Leave a Comment

The Occupational Safety and Health Administration (OSHA) announced earlier this month, its selection of only 10 OSHA authorized training providers out of the hundreds of applicants to deliver online courses as part of its Outreach Training Program.  Although more than 135,000 workers were trained online in 2011, which represents a five-fold increase from the number of online students trained in 2007, OSHA dramatically curtailed the overall number of online training providers available for prospective students to chose from.

Of the newly anointed 10 authorized providers, only two are non-profits or Universities, with the bulk of the providers being private for-profit companies.   Several high profile online providers who previously offered OSHA online Outreach courses were not selected by OSHA including, The University of South Florida, 360Training.com, Coastal Training Technologies, Summit Training Source, and Redvector.

Not all of the new providers that OSHA authorized even have currently available programs, according to OSHA.  Those organizations must still work on building an acceptable program in order to receive a full blessing from OSHA. So the overall number of online course providers may get smaller in the coming months.  In an email received from Mr. Don Guerra, OSHA Program Manager, OSHA continued to recommend that prospective students “compare program offerings and pricing from multiple providers” in order to determine which one best meets their training needs.  However given this latest round of cuts to available online providers, it is highly probable the cost for this online training will rise dramatically for prospective students and employers given the lack of competition in the marketplace.

OSHA also continues to encourage  students to consider taking classroom training instead of online courses.   Which of course, are being offered  and marketed by the OSHA Education Centers around the country in direct competition to private and public classroom training providers.   Although no direct link has been suggested between the slashing of online providers and the encouragement to go to the OSHA Ed. Centers; a clearer message could not have been received!

See the January 12, 2012 news release on new online Outreach Training Program selections.

New and Currently available programs 

Programs that will no longer be available after March 31, 2012 

 

Filed Under: OSHA Tagged With: , , , , , , , , , , , , , , , , , , , , ,

Developing an Energy-Efficient Workplace Culture

January 24, 2012 By Leave a Comment

Nobody knows your business’ energy using activities and processes better than your employees. Therefore establishing an energy saving culture is critical to support other waste saving initiatives such as an energy saving plan. By establishing an energy saving culture, you can create an environment for bright ideas, increased efficiency and reduced operating costs. Such was the focus of a report released early this month by the American Council for an Energy-Efficient Economy (ACEEE). Programs aimed at reducing building energy use through change in employees’ attitudes and behaviors, such as those instituted at the House of Representatives and the Empire State Building, can help build an energy-efficient office culture.

The report looked at multiple behavior case studies across the U.S. and Canada, including the “Tenant Energy Management Program” in the Empire State Building; “Conservation Action!” at BC Hydro, Canada; an energy behavior campaign undertaken at a provincial governmental building in Canada; and the “TLC-Care to Conserve” program at the University Health Network of the University of Toronto.

Four common intervention approaches were shared by the five energy behavior programs:

  1. Setting the tone with the support of upper management and its public pledge;
  2. Building a team with a project committee and peer champions on board;
  3. Utilizing communication tools such as e-mails, prompts, Web sites, public meetings, and posters to reach target audiences; and
  4. Engaging building occupants by means of feedback, benign peer pressure, and competition, as well as through performance-linked rewards.

The report suggests that the key benefits of energy behavior programs extend beyond the workplaces that undertake these programs. Often a change in participants’ thinking and behaviors follows, and after participation in the program they may become more active in their own energy-saving practices.

Things to Consider for Developing an Energy Savings Culture

  • Communication:  A critical element of motivating staff to contribute to an energy saving culture.  Communicate your energy saving vision, actions to be undertaken, roles, and above all else, the results that are achieved through a focus on reducing energy use.
  • Time and Effort:  Building an energy saving culture will take time and effort. Be realistic about the time required to change attitudes and behaviors, and pursue gradual rather than radical change.
  • Current Culture:  Understand your current culture by conducting observations of meetings, work areas and social areas.
  • Appoint a champion:  An employee who is passionate and respected – to lead the culture change process.
  • Metrics:  Develop a detailed action plan that includes actions, targets, responsibility and timeframes.
  • Accountability:  Assign roles and accountability to appropriate staff.
  • Motivations:  Motivate staff to put energy saving actions into place by demonstrating the value of the actions and the impact that they can have.
  • Monitoring and Reporting:  Publish reports on the implementation on action and achievements against goals and targets.
Filed Under: Sustainability Tagged With: , , , , , , , , , ,

Online Learning Programs Succeed or Fail Before They Are Implemented.

January 9, 2012 By Leave a Comment

Experts have opined on the development of the skills necessary to succeed in online learning for years, and although in today’s business environment it is easy to find an online course provider that’s both convenient and accessible; your workers may face significant challenges in developing the skills necessary for this type of learning.   Online training programs targeting adult learners in the workforce have grown dramatically over past few years.  Yet relatively few online learning providers offer what it really takes to have a successful online learning program.

In many recently published studies  and articles most students, when asked, agree that online discussions with fellow students and the instructor are central to the learning experience.  Instructors can encourage students to develop techniques to make the most of online discussions, which may add to a student’s learning experience and promote success in the online course.  The instructor can also encourage students to apply concepts from the online course, or as one student described it, “use it or lose it,” to develop an ability to retain and synthesize course objectives.   Another key for successful online learning is the importance of making a connection with fellow students.   Students who develop a meaningful connection with their co-workers and peers receive and provide support to one another.   The online connections also promote a sense of being a learner among other learners.

Staying motivated in the course is a challenge for students taking stand alone online courses.   It is important to develop a personal motivation strategy to make the online learning experience successful; one that can keep them from losing interest or burning out.   However many students simply do have the skill set necessary to develop this kind of strategy, let alone being able to implement it in a meaningful way.

Students in a recent study published by Educause Quarterly agreed that taking the following practical steps helped them succeed in their online courses:

Tips for Successful Online Learning

  1. Develop a time-management strategy.
  2. Make the most of online discussions.
  3. Use it or lose it.
  4. Make questions useful to your learning.
  5. Stay motivated.
  6. Communicate the instruction techniques that work.
  7. Make connections with fellow students.

Learning Environment

Many companies rush into online learning as a way to save money, and while it is true that on the balance it is less expensive, great care and planning should be taken in order to make sure it is a successful program.

An ideal study environment is just that – ideal.   Some students need absolute silence while others can’t seem to concentrate without noise in the background.   No matter what the preference, a well-lit place that is free from distractions is recommended.   Note that students make much better use of thirty minutes of disruption-free study than an hour’s worth of commotion-filled learning.

Keep your online learning sessions short!  For most learners a one to two hour session is ideal.

Don’t assume that all of your employees have the same level of computer savvy as you do.  Provide required training on course orientation and computer basics; how to log in, what to expect when logging in, basic screen layouts, how to get additional resources, etc.   Make sure everyone knows how to ask for help!

Implementing a great online learning program starts with great planning.  Correctly implementing an online learning program will greatly improve its success and its survival ability during tough economic times, and lead to greater overall satisfaction and increase the learning opportunities for your company.

Filed Under: Training Tagged With: , , , , ,

Is Your Facility Ready for a Compliance Inspection in 2012?

January 5, 2012 By Leave a Comment

It’s already 2012 and now is a great time to review your facility’s environmental, health & safety compliance standing.   You should be aware of your ability to withstand an inspection from OSHA or EPA this year.   Typically, an inspector will assess the effectiveness of your facility’s environmental and safety programs by asking EHS, operations, and maintenance staff to answer a series of general questions.   Once they start getting inconsistent, or a lot of  ”I don’t know”  answers they know they have a ‘live on on the hook’!   It’s only a matter of time before they reel you in.   You need to stay ahead of the game.

Here’s how you can make the inspection of your facility go as smoothly as possible:

Tips for a Smooth Inspection

  • Cooperate - The most important advice to follow during an inspection is to cooperate with the inspector.   The inspector may equate noncooperation with regulatory noncompliance.

  • Accompany the inspector - The facility owner, operator, or workplace supervisor should accompany the inspector during the inspection to take notes on the inspector’s comments. When accompanying the inspector, pay particular attention to questions that the inspector asks you or employees about workplace health and safety or waste management practices.
  • Correct errors - It is also important, if possible or if requested by the inspector, to correct regulatory problems, such as a malfunctioning chemical-treatment-process machine or a minor spill, during the inspection.
  • Duplicate samples and records - Should the inspector take samples; you should take a samples the same time so that you have nearly identical samples.  Ask the inspector what test or analysis the sample will undergo and have the same test or analysis conducted independently on your sample for your own records.

Should the inspector request copies of corporate records, either make the copies then, or if the request requires a substantial amount of copying, agree to a schedule to provide them to the inspector.   Keep a copy of everything you provide to the inspector.   The inspector may also take pictures of relevant plant equipment or processes.   You should take the same pictures from the same angle.

Are you ready to answer these questions?

  • How are EHS regulatory requirements determined and communicated?
  • How is compliance monitored?
  • What is the effectiveness of the internal communication systems, particularly under spill or release scenarios? Accidents and Injuries?
  • What is the existence and completeness of detailed process flow charts and mass balances?
  • How is noncompliance communicated to management?  What is the follow up?
  • Is environmental and safety compliance a factor in job performance evaluations for front line Supervisors?  Employees?  How about Management?
  • What is the existence and scope of an environmental and safety training programs?
  • What are the existence, scope, and maturity of the facility’s EHS management systems?

Don’t be afraid to ask for help.  You don’t have to go through this alone!  There are a lot of valuable resources available to you on the web.   OSHA and EPA both have good resources on their websites; contact other professionals through social media such as LinkedIn Groups.  You can also contract with a professional consultant, or contact your state’s Department of Labor; many have assistance programs that can get you on the right track.   Most important though, talk to your senior management and get them to understand the importance of EHS, both from a regulatory compliance standpoint and more importantly from a good business perspective.  Be prepared to make 2012 a great year!

Filed Under: EPA, OSHA, Safety News Tagged With: , , , , , , , , , ,

2012 Will Be Seen In A New Light “Bulb”

January 2, 2012 By Leave a Comment

The New Year means big changes to how you will be lighting up your home, as a ban on old-fashioned incandescent light bulbs goes into effect in favor of newer, more energy-efficient bulbs.

Beginning on Sunday, manufacturers began phasing out incandescent bulbs as part of new Federal guidelines calling for lightbulbs that are at least 30 percent more efficient.  The phase-out begins immediately with the end of 100-watt bulbs, which no longer meet energy efficiency guidelines.

Although Republicans secured inclusion of a measure blocking funding for enforcement of the standards in a year-end Omni-Bus spending bill, energy efficiency groups say the provision will have little practical impact, and interestingly enough the regulations for the ban was signed into law in 2007 by former President George W. Bush.

The complete switchover will take place over the course of the year, and while the LED and flourescent bulbs can be more expensive, the U.S. Department of Energy says that updating 15 bulbs in your home could save you about $50 a year.

New Generation of Light Bulbs

Learn more from this video featuring GE Lighting Institute’s Mary Beth Gotti and The Green Skeptic’s Scott Edward Anderson as they joined Wendy Bounds on WSJ.com’s LunchBreak to discuss new energy efficient federal light bulb regulations that take effect on January 1, 201 http://s.wsj.net/media/swf/main.swf

Filed Under: Sustainability Tagged With: , , , , , , , ,

New Regulations Prohibit Cell Phone Use for Commercial Drivers: Effective January 3, 2012

December 29, 2011 By 1 Comment

The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs) effective January 3, 2012.

The new regulations also implement disqualification sanctions for new drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.

According to the amendment using a hand-held mobile telephone may reduce a driver’s situational awareness, decision making, or performance; and it may result in a crash, near-crash, unintended lane departure by the driver, or other unsafe driving action. Indeed, research indicates that reaching for and dialing hand-held mobile telephones are sources of driver distraction that pose a specific safety risk. The odds of being involved in a safety-critical event are three times greater when the driver is reaching for an object than when the driver is not reaching for an object. The odds of being involved in a safety-critical event are six times greater while the driver is dialing a cell phone than when the driver is not dialing a cell phone. These increases in risk are primarily attributable to the driver’s eyes being off the forward roadway.

The use of cell phones while driving has come under greater scrutiny lately, and while no State has completely banned mobile telephone use, some States have gone further than this rule for certain categories of drivers. For example, 19 States and the District of Columbia prohibit the use of all mobile telephones while driving a school bus. Additionally, nine States and the District of Columbia have traffic laws prohibiting all motor vehicle drivers from using a hand-held mobile telephone while driving.

The agencies defined the use of a hand-held telephone as:

  1. Using at least one hand to hold a mobile telephone to conduct a voice communication;
  2. Dialing or answering a mobile telephone by pressing more than a single button, or
  3. Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.

Texting means manually entering alphanumeric text into, or reading text from, an electronic device.

This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication.

Texting does not include:

  • Inputting, selecting, or reading information on a global positioning system or navigation system; or
  • Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
  • Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this part.

What is considered driving?
According to FMCSA and PHMSA driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services

Filed Under: Safety News Tagged With: , , , , , , , ,
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