By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: For companies in the freight industry, if sustainability is important at your company or to its board of directors, then you may wish to investigate the EPA’s updated Smartway program, with its new resources and tools.
The U.S. Environmental Protection Agency’s SmartWay program has recently
Continue Reading EPA Updates and Republishes SmartWay Freight Transportation Sustainability Program
By Jeryl L. Olson, Ilana R. Morady, Patrick D. Joyce, Philip L. Comella, and Craig B. Simonsen
The Pipeline and Hazardous Materials Safety Administration (PHMSA) just announced that it has amended the Hazardous Materials Regulations (HMR). 81 Fed. Reg. 18527 (March 31, 2016).
It has done so by adopting its proposed regulatory amendments applicable to the reverse
Continue Reading DOT Publishes Final Rule on “Safe Reverse Logistics” for Retail “Returns” of Hazardous Materials to Distribution Centers
By Ilana R. Morady and Craig B. Simonsen
On August 6, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule modifying the requirements governing the transportation of lithium cells and batteries. 79 Fed. Reg. 46012.
The final rule revised hazard communication and packaging provisions for lithium batteries to harmonize the Hazardous Materials Regulations with applicable
Continue Reading DOT Partially Extends Compliance Date for HazCom and Labeling of Lithium Cells and Batteries
By Ilana R. Morady and Craig B. Simonsen
The Federal Motor Carrier Safety Administration (FMCSA) has just issued a notice and request for comment on “The Impact of Driver Compensation on Commercial Motor Vehicle Safety.” 80 Fed. Reg. 6159 (February 4, 2015).
The FMCSA has been studying the relationship between commercial motor vehicle (CMV) driver compensation and safety. The most
Continue Reading Impact of Driver Compensation on Commercial Motor Vehicle Safety
By Andrew H. Perellis, Ilana R. Morady, and Craig B. Simonsen
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted, retroactively, amendments to the Hazardous Materials Regulations (HMRs) to maintain alignment with international standards by incorporating changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.
Continue Reading DOT “Harmonization” with International Hazardous Materials Standards
By Ada W. Dolph and Craig B. Simonsen
A railroad’s decision to terminate an apprentice electrician whose OSHA injury report revealed he had not been truthful in his employment record about other prior workplace injuries was unlawful retaliation under the whistleblower provision of the Federal Railroad Safety Act, 49 U.S.C. § 20109 (FRSA), OSHA has ordered. The railroad was
Continue Reading Railroad Ordered to Pay $225,000 in Whistleblower Action where Employee Allegedly Lied About Prior Injuries
By Kevin A. Fritz and Craig B. Simonsen
The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published an Advisory Bulletin (ADB–2014–05) and a “Guidance for Strengthening Pipeline Safety Through Rigorous Program Evaluation and Meaningful Metrics” (Guidance). Notice of Issuance of Advisory Bulletin, 79 Fed. Reg. 61937 (October 15, 2014).
PHMSA rules require operator self‐evaluation as part of an “effective
Continue Reading PHMSA Issues Guidance for Strengthening Pipeline Safety Through “Rigorous Program Evaluation and Meaningful Metrics”
By Jeryl L. Olson and Craig B. Simonsen
The Pipeline and Hazardous Material Safety Administration (PHMSA) has proposed to modify its hazardous materials regulations as it affects the retail industry by adding a definition for “reverse logistics.” 79 Fed. Reg. 46748 (August 11, 2014).
PHMSA has been working on the proposal since July 2012, when it had requested public comment
Continue Reading Retail Industry Update: DOT’s “Reverse Logistics” Rulemaking to Add Exception for Transportation of Hazardous Materials
By Ada W. Dolph and Craig B. Simonsen
The Occupational Safety and Health Administration (OSHA) recently flexed its muscle, announcing a nearly $1 million damages award and reinstatement for a foreman and two truck drivers against an asphalt paving company accused of terminating them in retaliation for filing separate OSHA complaints asserting that they had been directed to violate the
Continue Reading OSHA Orders Asphalt Paving Company to Pay Nearly $1 Million and Reinstate Foreman and Two Drivers In Whistleblower Complaints
By Ada W. Dolph and Craig B. Simonsen
Since 2010, OSHA has made a concerted effort to coordinate enforcement of whistleblower complaints with affiliated agencies. (See our past blog about OSHA’s coordination with the FDA here). OSHA continues in this effort, recently announcing that it has entered into a Memorandum of Understanding (MOU) with the Federal Motor Carrier Safety
Continue Reading OSHA and the Federal Motor Carrier Safety Administration Agree to Coordinate Responses to Whistleblower Complaints By Private Commercial Motor Vehicle Drivers