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Trucking Industry |
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| Other Federal
Agencies |
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OSHA has jurisdiction
over off-highway loading and unloading, such as warehouses, plants,
grain handling facilities, retail locations, marine terminals,
wharves, piers, and shipyards. The Department of Transportation (DOT) has jurisdiction over interstate
highway driving, Commercial Driving Licensing (CDL), the
hours of service and roadworthiness of the vehicles. The Environmental
Protection Agency (EPA) has jurisdiction over
the natural environment and pollution prevention programs. The Federal
Aviation Administration (FAA) regulates flight crews and
some other aspects of the safety of ground crews. OSHA
covers most of the working conditions of ground crews and baggage
handlers.
OSHA has jurisdiction unless preempted by another Federal agency
such as DOT, EPA or FAA, but OSHA can only be preempted in a specified activity
or task. OSHA has the ultimate responsibility for the safety and
health of all employees.
These pages are part of OSHA and industry's commitment to provide
employers and trucking workers with information and assistance to
help in complying with OSHA and other Federal standards to ensure
a safe workplace.
The following is an overview of the regulations, training requirements,
and other resources from other federal agencies:
Overview
Jurisdiction
When another Federal agency has regulated a
working condition, OSHA is preempted by Section
4(b)1 from enforcing its regulations. For example:
- The Department of Transportation (DOT) regulates driving over
public highways, the health and safety of drivers involving their
use of drugs and alcohol, hours of service, and use of seat belts.
DOT also regulates the road worthiness of trucks and trailers
and has specific requirements for the safe operation of trucks.
- DOT has jurisdiction over interstate commerce while OSHA has
jurisdiction over intrastate commerce except when handling hazardous
materials. DOT has issued regulations regarding the shipping,
packaging, and handling of these materials. However, if a truck
driver becomes an emergency responder in the event of a spill
or other disaster, then OSHA has jurisdiction.
- The Federal Aviation Administration (FAA) regulates flight
crews and some other aspects of the safety of ground crews. If
there is a clause that covers a working condition in an operational
plan negotiated between the carrier and the FAA, the FAA
has jurisdiction over that working condition. Otherwise, OSHA
covers most of the working conditions of ground crews and baggage
handlers.
- Due to the DOT brake regulation, OSHA does not cite for failure
to chock trailer wheels if a vehicle is otherwise adequately
secured. DOT's regulation preempts enforcement and DOT has jurisdiction.
However, if the vehicle is an intrastate truck, OSHA has jurisdiction.
Only another Federal agency may preempt OSHA's jurisdiction.
Department of Transportation
(DOT)
-
US Department of Transportation (DOT).
Oversees the formulation of
national transportation policy and promotes intermodal
transportation. Its agencies include: Federal Highway Administration
(FHWA),
Federal Motor Carrier Safety Administration
(FMCSA),
Federal Aviation Administration (FAA),
Federal Railroad Administration (FRA),
Maritime Administration (MARAD),
and the US Coast Guard
(USCG).
The newly created Transport Security
Administration (TSA)
was initially part of DOT and is now part of the US Department of
Homeland Security.
-
Bureau
of Transportation Statistics. Collects information on transportation and other areas.
The Bureau's largest data collection programs are the Commodity
Flow Survey and the American Travel Survey, conducted jointly
with the Bureau of the Census to identify where freight
and people go by all modes of transportation.
- Title
23, Highways
- Title
49, Transportation
- Subtitle
I, Department of transportation
- Subtitle
II, Other government agencies
- Subtitle
III, General and intermodal programs
- Subtitle
IV, Interstate transportation
- Subtitle
V, Rail programs
- Subtitle
VI, Motor vehicle and driver programs
- Subtitle
VII, Aviation programs
- Subtitle
VIII, Pipelines
- Subtitle
IX, Commercial space transportation
- Subtitle
X, Miscellaneous
Federal Highway Administration
(FHWA)
- Federal
Highway Administration. Coordinates highway transportation
programs in cooperation with states and other partners to enhance
the country's safety, economic vitality, quality of life, and
the environment. Major program areas include the Federal-Aid
Highway Program, which provides Federal financial assistance
to the states to construct and improve the National Highway
System, urban and rural roads, bridges, and the Federal
Lands Highway Program, which provides access to and within
national forests, national parks, Indian reservations and other
public lands. The FHWA also manages a comprehensive research,
development, and technology program.
Federal Motor Carrier Safety
Administration (FMSCA)
- Federal
Motor Carrier Safety Administration. Prevents
commercial motor vehicle-related fatalities and injuries. On
its website, it has links to its regulations and Regulatory
Guidance, a series of frequently asked questions that offer
detailed answers for specific situations. A self-employed
independent owner-operator is covered under the FMCSRs, and defined as an "employee" unlike
in OSHA Regulations where a self-employed person is
not covered by the OSHA Act and is not considered an "employee".
Regulatory
Guidance for Federal Motor Carrier Safety Regulations
The following is an overview of the major sections of the regulations
related to driver safety and health:
- 49
CFR 325, Compliance with interstate motor carrier
noise emission standards
- 49
CFR 350, Commercial motor carrier safety assistance
program
- 49
CFR 382, Controlled substances and alcohol use and
testing
- 49
CFR 383, Commercial driver's license standards; requirements
and Penalties
- 49
CFR 385, Safety fitness procedures
- 49
CFR 386, Rules of practice for motor carrier safety
and hazardous materials proceedings
- 49
CFR 390, Federal motor carrier safety regulations;
general
- 49
CFR 391, Qualifications of
Drivers
- 391.1,
Scope of the rules in this part; additional qualifications;
duties of carrier drivers
- 49
CFR 392, Driving of Commercial
Motor Vehicles. Every motor carrier, its officers,
agents, representatives, and employees responsible for
the management, maintenance, operation, or driving of commercial
motor vehicles, or the hiring, supervising, training, assigning,
or dispatching of drivers, shall be instructed in and comply
with the rules in this part.
-
Guidance
- 392.3,
Ill or fatigued operator
- 392.4,
Drugs and other substances
- 392.5,
Alcohol prohibition
- 392.9,
Inspection of cargo, cargo securement devices and systems
- 392.10,
Railroad grade crossings; stopping required
- 392.11,
Railroad grade crossing; slowing down required
- 392.14,
Hazardous conditions; extreme caution
- 392.16,
Use of seat belts
- 392.22,
Emergency signals; stopped commercial motor vehicles
- 392.24,
Emergency signals; flame producing
- 392.33,
Obscured lamps or reflective devices/material
- 392.50,
Ignition of fuel; prevention
- 392.60,
Unauthorized persons not to be transported
- 392.62,
Safe operation, buses
- 392.63,
Towing or pushing loaded buses
- 392.64,
Riding within closed vehicles without proper exits
- 392.66,
Carbon monoxide; use of vehicle when detected
- 392.67,
Heater, flame producing; on vehicle in motion
- 49
CFR 393, Parts and Accessories
Necessary for Safe Operation. Every employer and
employee shall comply and be conversant with the requirements
and specifications of this part. No employer shall operate
a commercial motor vehicle, or cause or permit it to be
operated, unless it is equipped in accordance with the
requirements and specifications of this part.
-
Guidance
- 393.9,
Lamps operable, prohibition of obstructions of lamps and reflectors
- 393.11,
Lamps and reflective devices
- 393.19,
Hazard warning signals
- 393.30,
Battery installation
- 393.40,
Required brake systems
- 393.41,
Parking brake system
- 393.42,
Brakes required on all wheels
- 393.43,
Breakaway and emergency braking
- 393.51,
Warning signals, air pressure and vacuum gauges
- 393.65,
All fuel systems
- 393.67,
Liquid fuel tanks
- 393.69,
Liquefied petroleum gas systems
- 393.100,
Which types of commercial motor vehicles are subject to the cargo securement standards of this subpart, and what general requirements apply?
- 393.102,
What are the minimum performance criteria for cargo securement devices and systems?
- 393.104,
What standards must cargo securement devices and systems meet in order to satisfy the requirements of this subpart?
- 393.205,
Wheels
- 49
CFR 395, Hours of Service
of Drivers
-
Guidance
-
395.1,
Scope of rules in this part
- 395.3,
Maximum driving time for property-carrying vehicles
- 49
CFR 396, Inspection, Repair,
and Maintenance. Every motor carrier, its officers,
drivers, agents, representatives, and employees directly
concerned with the inspection or maintenance of motor vehicles
shall comply and be conversant with the rules of this part.
- 49
CFR 399, Employee Safety and
Health Standards. Prescribes step,
handhold, and deck requirements on commercial motor vehicles.
These requirements are intended to enhance the safety of
motor carrier employees.
Federal Aviation Administration
(FAA)
- Federal
Aviation Administration. Oversees the safety of civil
aviation. It also regulates a program to protect the security
of civil aviation, and enforces regulations under the Hazardous
Materials Transportation Act for shipments by air.
- Part
139 Certification. In 2004, FAA issued a final rule that
revised the Federal airport certification regulation 14 CFR Part
139 and established certification requirements for airports
serving scheduled air carrier operations in aircraft designed for
more than 9 passenger seats but less than 31 passenger seats. In
addition, this final rule amended a section of an air carrier
operation regulation 14 CFR Part 121 so it would conform with
changes to airport certification requirements. The revised Federal
airport certification requirements went into effect on June 9,
2004.
Environmental Protection
Agency (EPA)
- Environmental
Protection Agency. Protects human health and
safeguards the natural environment - air, water, and land
- upon which life depends. The EPA also works with industries
and all levels of government in a variety of voluntary pollution
prevention programs and energy conservation efforts.
-
Transportation Industry. Includes
tools such as environmental screening
checklists and workbooks that can be used by industry or
government officials to screen or evaluate their compliance
with EPA's environmental regulations.
- Environmental Screening Checklist
and Workbook for the Trucking Industry. (2000,
August), 655 KB
PDF,
103 pages. Includes a checklist and workbook which may be used
to evaluate a facility’s compliance with Federal environmental
regulations applicable to the trucking industry. The
term "facility" refers to, but is not limited
to, trucking terminals, truck maintenance shops, etc.,
that are overseen by owners/operators, managers, field
personnel, etc., who engage in trucking operations.
-
Profile of the Ground Transportation Industry: Railroad,
Trucking, and Pipeline. Office of Compliance Sector Notebook Project, (1997,September), 775 KB
PDF,
134 pages. Presents comprehensive,
common sense environmental protection measures for
the trucking industry. For the purposes of this project,
the key elements included are: general industry information
(economic and geographic); a description of industrial
processes; pollution outputs; pollution prevention
opportunities; Federal statutory and regulatory framework;
compliance history; and a description of partnerships
that have been formed between regulatory agencies,
the regulated community and the public.
The trucking industry includes establishments engaged
in motor freight transportation and warehousing. This
includes local and long-distance trucking or transfer
services, and establishments engaged in the storage of
farm products, furniture, and other household goods,
or commercial goods of any kind. For the purpose of this
notebook, the trucking industry also includes the operation
of terminal facilities for handling freight, both those
with and without maintenance facilities. The trucking
SIC sectors covered in this notebook are shown in the
following table.
| SIC
42 - MOTOR FREIGHT TRANSPORTATION & WAREHOUSING |
| 4212 |
Local
Trucking Without Storage |
| 4213 |
Trucking,
Except Local |
| 4214 |
Local
Trucking With Storage |
| 4215 |
Courier
Services, Except by Air |
| 4221 |
Farm
Product Warehousing & Storage |
| 4222 |
Refrigerated
Warehousing & Storage |
| 4225 |
General
Warehousing & Storage |
| 4226 |
Special
Warehousing & Storage, NEC (Not Elsewhere Classified) |
| 4231 |
Terminal & Joint
Terminal Maintenance Facilities for Motor Freight
Transportation |
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