Risk Management White Papers

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News Brief header A recent report by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) found that fatal traffic accidents increased 7.2% in 2020 from 2019, despite fewer drivers on the road.

According to the NHTSA, motor vehicle crashes caused 38,680 deaths in 2020—the highest number of projected fatalities since 2007.

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Risk Insights header image Commercial motor vehicle (CMV) drivers have a lot to consider when it comes to operating their vehicles safely.

This is especially true during various seasons throughout the year—such as road construction season, which generally takes place from June through November. After all, road construction can create numerous hazards for CMV drivers, seeing as they must navigate the additional risks of driving through work zones. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA), an average of 700 work zone fatalities occur each year. What’s more, these incidents have increased by almost 9% in recent years. Work zones create increased hazards for drivers due to construction workers working close to moving traffic, dump trucks entering and exiting the construction area, flaggers redirecting traffic and lanes shifting unexpectedly.

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Legal Update Header The Occupational Safety and Health Administration (OSHA) has issued a memorandum providing guidance on how it plans to enforce compliance with its electronic reporting rule for establishments that fail to submit electronic illness and injury records due to operational issues with the injury tracking application (ITA).

Enforcement Guidance

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OSHA issued its final rule on beryllium, which is a metal that can cause cancer and other health issues when inhaled or absorbed into the skin, on Jan. 9, 2017.

Because the rule was initially met with opposition and controversy, the agency delayed its enforcement on several occasions. In June 2017, OSHA also announced that it would not enforce the final rule’s standards, other than the new Permissible Exposure Level (PEL)and Short Term Exposure Limit (STEL), for construction or shipyard employers. OSHA also issued a direct final rule to clarify portions of the final rule on May 7, 2018.

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News Brief header The Commercial Vehicle Safety Alliance (CVSA) recently scheduled this year’s Brake Safety Week for Aug. 22-28.

This annual event aims to emphasize the importance of ensuring sufficient brake systems in commercial motor vehicles (CMVs). Specifically, the event highlights the role that brake maintenance and efficiency plays in reducing brake-related CMV accidents on the road.

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Legal Update Header On May 20, 2021, the Occupational Safety and Health Administration (OSHA) proposed changes to its walking-working surfaces standard to clarify which handrails and stair rail system requirements apply to new stair rail systems.

OSHA is proposing these changes to respond to numerous requests for interpretation for the updates adopted by the 2016 walking-working surfaces final rule.

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Risk Insights header image Curbside pickup has quickly emerged as a popular and convenient food service option for restaurant owners and customers alike.

These operations allow restaurant owners to continue serving customers who prefer off-site dining, while giving customers the ability to receive their food orders without even having to exit their vehicles.

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Legal Update Header On May 12, 2021, the United States Department of Transportation (USDOT) announced it would provide additional help to states affected by the Colonial Pipeline cyberattack.

The White House and USDOT have determined that previous declarations of a “major disaster” issued by the President within the last 120 days allow the states covered by those declarations to use their interstate highways to transport overweight loads of gasoline and other fuels.

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Legal Update Header On May 9, 2021, the Federal Motor Carrier Safety Administration (FMCSA) issued a regional emergency declaration (the declaration) for 18 states in response to the unanticipated shutdown of the Colonial Pipeline system.

This unanticipated shutdown has caused (and is expected to continue to cause) fuel shortages in various parts of the Eastern United States.

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On Feb. 18, 2020, the Agricultural Improvement Act of 2018 (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substance Act (CSA).

This made any hemp-derived products containing up to .03% tetrahydrocannabinol (THC) exempt from the CSA’s Schedule 1, which is a list of drugs considered to have the highest potential for abuse and no accepted medical uses.