FMCSA Announces Exemption Renewal for Concrete Pump Operators

The Federal Motor Carrier Safety Administration (FMCSA) has renewed the American Concrete Pumping Association (ACPA) exemption (Effective Oct. 9, 2019, Expires Oct. 9, 2024) from the 30-minute rest break requirement in the Agency’s hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption enables all concrete pump operators, concrete pumping companies, and drivers who operate concrete pumps in interstate commerce to count on-duty time while attending equipment but performing no other work-related activity toward the 30-minute rest break provision of the HOS regulations. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

Refer to the Federal Docket for additional details.

Documents Required in Commercial Vehicles

Trucking is crucial to construction. Any issues leading to interruption in trucks available during work is detrimental to contractors and suppliers. So, it is important that, if a driver is stopped by a policing authority, the driver has access to required documents and records.

The following is a list of documents that  the Indiana State Police (ISP-CVD) Commercial Vehicle Division may request at a roadside inspection.

  • Driver’s license
  • Medical Card – may ask for one but if it is attached to the BMV driver’s license file it would not be a violation if not produced
  • Vehicle Registration (trailer registration if applicable)
  • Proof of Insurance – hard copy of insurance information
  • Annual Inspection(s) for the truck and trailer, either a paper copy or a legible sticker
  • Indiana Fuel Tax Card (copy), Indiana Fuel Tax decal (placed on driver’s side of cab)
  • Bill of lading for a load (material ticket)
  • Driver’s logs – (individuals operating trucks hauling intrastate for the construction industry are exempt from maintaining logs in Indiana)
    Inspectors should always ask to see a (secured) fire extinguisher and safety devices (3 triangles)
  • Permitted Oversize Loads must carry their permit with them either on their phone or a hard copy.
(Information provided by the Indiana State Police, Commercial Vehicle Enforcement Division)

ADDITIONAL COMMERCIAL VEHICLE REQUIREMENTS

Insurance Requirements in The State of Indiana
Commercial motor vehicles that are registered or garaged in Indiana are required to have commercial liability insurance coverage. Per Indiana Code 9-13-2-31, “commercial motor vehicles” (CMVs) are vehicles that meet the following guidelines: 1) Have a gross vehicle weight rating (GVWR) of at least 26,001 lbs.; 2) Are designed to transport 16 or more passengers including the driver; and 3) Carry hazardous waste or materials that require placarding. Along with the application for a US DOT number, the following intrastate carriers are required to submit proof of financial responsibility in the State of Indiana:

  • Private carriers transporting hazardous materials; and
  • For-hire carriers.

Truck owners must file a Form E, which is an insurance form you will need for a USDOT or an Indiana identification number if you are an intrastate for-hire carrier and/or a private hazardous-materials carrier. Your insurance company can provide you with a Form E. If you have active FHWA/MC authority, you do not have to submit Form E.

State commercial insurance filing laws apply to drivers who transport cargo within state lines. Drivers who operate commercial vehicles or transport cargo outside state lines must also adhere to federal filing laws.

Vehicle Markings
Don’t forget your vehicle markings! It is important that your vehicle’s markings follow all the guidelines. More information can be found in the Commercial Motor Vehicle Guidebook. Vehicle markings are used in the trucking industry in three different ways. A vehicle marking can be:

  1. The legal name or a single trade name of the motor carrier operating the self-propelled CMV;
  2. The identification number issued by FMCSA to the motor carrier or intermodal equipment provider, preceded by the letters USDOT; or
  3. The identification number issued by the Indiana Department of Revenue, preceded by the letters USDOT and with the letters IN after the number (if you are an Indiana intrastate carrier).
  4. Motor Carrier Decal (issued by the IDOR)

Per the ISP-CVD, common violations regarding markings are fading, information not posted on both sides of the truck cab, size information and contrast in colors.

Contact the Indiana Department of Revenue Motor Carrier Services (317) 615-7200 for questions and clarifications.

Emissions Unit Reporting Requirements Comments Requested

The Indiana Environmental Rules Board has scheduled a public hearing on amendments to Indiana code concerning the rules governing emissions unit reporting requirements during start-up, shutdown, and malfunction (SSM). Please plan to attend to provide comments prior to the final consideration of final adoption of the rules by the board. Please see the following links for meeting details.

http://www.in.gov/legislative/iac/20160831-IR-326150326PHA.xml.html

http://www.in.gov/legislative/iac/20160831-IR-326150326PRA.xml.html

 

New OSHA Construction Standard – Part I

OSHA published the final rule covering confined space in construction in the Federal Register on May 5. The rule will become law before the end of this summer. With this in mind, all workers and supervisors should understand the general expectations of the law and be ready to comply with the specific requirements.

We rarely encounter confined space issues in some types of construction work. However, because there is a new and specific regulation, compliance officers should be aware of the hazards of confined space and be watchful for possible situations where confined space protocols should be applied.

In order to understand the requirements for this new regulation, we must first understand the definition of confined space. A confined space is one that:

  • Is large enough and configured so that an employee can bodily enter it;
  • Has limited or restricted means of entry and exit; and
  • Is not designed for continuous employee occupancy.

Some of the more common confined spaces we encounter on construction sites include:

  • Pits (elevator, escalator, pump, valve or other equipment. A pit can have a wide-open top and still be a permit-required confined space.);
  • Manholes (sewer, storm drain, electrical, communication or other utility);
  • Tanks (fuel, chemical, water, or other liquid, solid or gas) and machinery (incinerators, scrubbers, concrete pier columns and sewers);
  • Vaults (transformer, electrical connection and machinery);
  • Ducts (heating, ventilation, air-conditioning and all forms of HVAC, air receivers, air preheaters and ID fan systems, bag houses and exhaust);
  • Storm drains (water mains, precast concrete and other pre-formed units);
  • Drilled shafts;
  • Enclosed beams;
  • Vessels;
  • Digesters;
  • Lift stations;
  • Cesspools;
  • Silos; and
  • Sludge gates.

This is by no means a comprehensive list. In fact, the basic definition of confined space can apply to hundreds of situations where workers might be in a hazardous situation, and escape would be difficult.

Part II of this discussion will cover programs to put in place that will provide maximum safety for workers in a confined space.