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NIOSH Publication No. 2003-119:Work-Related Roadway Crashes - |
September 2003 |
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3. Federal Regulations and Standards Addressing Occupational Roadway SafetyTwo Federal agencies in DOT—FMCSA and NHTSA—hold primary responsibility for developing and enforcing safety standards related to vehicle design and operation. Motor carrier safety is the responsibility of the FMCSA, established by the Motor Carrier Safety Improvement Act of 1999 as a new operating administration within DOT, effective January 1, 2000. FMCSA regulations cover commercial motor carriers, including long-haul trucking. NHTSA regulations set forth minimum design and safety performance requirements to which all vehicle manufacturers must conform. Three other agencies play roles in protecting workers who operate motor vehicles on the job. First, the National Transportation Safety Board, though not a regulatory agency, investigates selected roadway crashes and develops safety recommendations directed at Federal and State agencies and other groups. Second, the DOL’s Employment Standards Administration, Wage and Hour Division, enforces child labor provisions of the Fair Labor Standards Act (FLSA) that define conditions under which workers aged 17 and under may operate a motor vehicle. Finally, the Occupational Safety and Health Administration (OSHA), also part of DOL, has regulations covering certain industries that address vehicle and equipment operation, primarily operation of machinery and equipment off the highway. 3.1 FEDERAL MOTOR CARRIER SAFETY REGULATIONS Federal Motor Carrier Safety Regulations, found in 49 CFR* 301 through 399, cover businesses that operate commercial motor vehicles† (CMVs) in interstate commerce.‡ Motor carriers§ engaged in intrastate commerce only are not directly subject to these regulations. However, intrastate motor carriers are subject to State regulations, which must be identical to or compatible with the Federal regulations in order for States to receive motor carrier safety grants from FMCSA. States have the option of exempting CMVs with a GVWR under 26,001 lb. The portions of the Federal Motor Carrier Safety Regulations summarized in this section were chosen for their direct relevance to occupational safety and represent only a small portion of the regulations found in 49 CFR. *Code of Federal Regulations. See CFR in references. |
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3.1.1 Commercial Driver’s License Standards, Requirements, and Penalties [49 CFR 383] “Drivers must obtain a commercial driver’s license if they are engaged in intrastate, interstate, or foreign commerce and if they operate a vehicle that meets the definition of a CMV.” The commercial driver’s license program originated with the commercial Motor Vehicle Safety Act of 1986. The goal of the Act is to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate these vehicles and to disqualify and remove unqualified and unsafe drivers. Drivers must obtain a commercial driver’s license if they are engaged in intrastate, interstate, or foreign commerce and if they operate a vehicle that meets the definition of a CMV. The minimum age at which a driver may obtain a commercial driver’s license is 21. The licenses are issued for the following classes of vehicles:
3.1.2 Qualifications of Drivers [49 CFR 391] This section describes the process by which drivers must demonstrate that they are physically qualified to operate a CMV. The process also requires an annual inquiry and review of each driver’s safety record.
“Motor carrier employers must make an annual inquiry into the driving record of each driver.” Future Plans In July 2001, the FMCSA stated its intent to issue exemptions that would allow qualifying drivers with insulin-treated diabetes to operate CMVs in interstate commerce. The proposed exemptions were supported by recent studies showing that drivers with this condition have crash rates similar to or lower than comparison groups or the national rate. Drivers applying for the exemption would have to document no recent history of hypoglycemic reactions, seizures, or other disqualifying medical conditions. Drivers with recent at-fault accidents, convictions for serious traffic offenses, or license suspensions or revocations would be ineligible for the exemption. The FMCSA proposal calls for a strict glucose management protocol and periodic re-evaluations by medical specialists [66 Fed. Reg. 39548 (2001)]. 3.1.3 Driving of Commercial Motor Vehicles [49 CFR 392] This section contains the rules for the safe operation of motor vehicles; it delineates the responsibilities of the driver and the responsibilities of the motor carrier.
3.1.4 Parts and Accessories Necessary for Safe Operation [49 CFR 393] This section contains exhaustive specifications for CMV parts and accessories, including requirements for protections against shifting and falling cargo [49 CFR 393.100, 49 CFR 393.104, 49 CFR 393.106].
3.1.5 Hours of Service of Drivers [49 CFR 395] This group of regulations specifies maximum hours of driving time and duty time for CMV drivers. The motor carrier and the driver are each responsible for following these regulations. Certain motor carriers and drivers are subject to different hours-of-service regulations. These include agricultural operations, oilfield operations, utility service vehicles, and drivers in Alaska and Hawaii. State laws that are more protective of groups exempted from hours-of-service regulations supersede Federal laws. Revisions to 49 CFR 395, effective January 4, 2004, have separate hours-of-service provisions for property-carrying CMV drivers and passenger-carrying CMV drivers [68 Fed. Reg. 22456 (2003)]. Although the revision allows property-carrying CMV drivers to drive 1 hour more than passenger-carrying CMV drivers, the property-carrying drivers are also permitted 1 hour less of total time on duty. Elements in the proposed rule that would have required two consecutive periods of night rest for all drivers and electronic on-board recorders for long-haul and regional drivers [65 Fed. Reg. 25540 (2000)] were not part of the final rule.
3.1.6 Inspection, Repair, and Maintenance [49 CFR 396] This section describes driver and motor carrier responsibilities for vehicle inspection, repair, and maintenance. Appendix G to Part 396 lists minimum standards for the required periodic inspection of CMVs.
3.2 NHTSA VEHICLE SAFETY STANDARDS “The NHTSA Federal Motor Vehicle Safety Standards [49 CFR 571] apply to all motor vehicles built for sale or use in the United States.” The NHTSA Federal Motor Vehicle Safety Standards [49 CFR 571] apply to all motor vehicles built for sale or use in the United States. Vehicles manufactured overseas for the U.S. market are also covered by these regulations, whereas those built in the United States for export are not. FMCSA regulations that set performance standards for CMVs reference the Federal Motor Vehicle Safety Standards. Because these standards apply to all passenger vehicles built for sale or use in the United States, they are also relevant to fleet vehicles purchased for employee use and to personal vehicles driven for work. The Federal Motor Vehicle Safety Standards cover both the crash avoidance and crashworthiness aspects of vehicle design. Crash avoidance standards include specifications for controls and displays, brake systems, headlights and reflective devices, tire selection, and mirrors. In some areas such as tire selection, separate standards exist for passenger vehicles and other motor vehicles. Specific to trucks, buses, and trailers is a standard addressing performance, equipment, and testing requirements for air-brake systems [49 CFR 571, Standard No. 121]. This standard became effective in 1975, but its requirements for stopping distances were removed in 1978 as a result of a court decision. These requirements were reinstated in 1997, and the standard was modified to require the addition of antilock brakes to air-brake systems [49 CFR 571, Standard No. 121; Krall 2002]. Requirements for antilock brakes and maximum stopping distances have also been extended to all multipurpose passenger vehicles, trucks, and buses equipped with hydraulic or electric braking systems and having a GVWR greater than 10,000 lb [49 CFR 571, Standard No. 105]. Crashworthiness standards address aspects of occupant protection such as protection from impact from the steering control system, air bags, child restraint systems, windshield mounting, side impact protection, and roof crush resistance. Standard No. 208 contains requirements for lap or lap-and-shoulder-belt assemblies in passenger vehicles, buses (driver’s seat only), and trucks [49 CFR 571, Standard No. 208]. Although Standard No. 208 still requires only lap belts in trucks with a GVWR of 10,000 lb or more, U.S. manufacturers have voluntarily installed shoulder-belt restraint systems in these vehicles since the late 1980s [Krall 2002]. Also of relevance to CMVs are crashworthiness standards that address emergency exits and window releases in buses, rear impact protection, and rear impact guards [49 CFR 571, Standard Nos. 217, 223, and 224]. Rear impact guards, required for installation on trailers and semi-trailers with a GVWR of 10,000 lb or more, are designed to reduce deaths and injuries that occur when lighter vehicles strike the rear of a trailer or semi-trailer. 3.3 NATIONAL TRANSPORTATION SAFETY BOARD The National Transportation Safety Board is an independent agency that investigates major incidents related to all modes of transportation, conducts special studies on topics such as highway work zone safety and operator fatigue, and directs safety recommendations to Federal and State agencies, manufacturers, trade associations, private industry, labor, and others [Baxter 1995; Sweedler 1995]. The National Transportation Safety Board uses a multidisciplinary approach to crash investigation that (when appropriate) draws on specialized technical experts from outside the agency to assist the Board’s investigative staff. The investigative process usually spans several months and includes public hearings, a public board meeting, and issuance of incident-specific safety recommendations in addition to a written investigative report. Because the volume of roadway crashes precludes investigation of all incidents, the National Transportation Safety Board investigates a small proportion of roadway crashes selected in cooperation with States. However, results of these investigations often suggest a need for broader study of particular safety issues and lead to creation of public forums for discussion. A recent example involving commercial vehicles was a public hearing on truck and bus safety in April 1999, which was prompted by an Illinois collision between an Amtrak train and a semi-trailer at a grade crossing and by a New Jersey motorcoach crash [NTSB 2000]. The National Transportation Safety Board monitors actions taken in response to each recommendation, advising the public and Congress if no reply has been received from the entity to which the recommendation was addressed. An example of this type of activity is the long-term monitoring of efforts by DOT over the past decade to address operator fatigue in all modes of transportation [NTSB 2000]. The Board has also created the “Most Wanted” List of Transportation Safety Improvements to advise the public of the need for critical safety improvements. Several current “Most Wanted” recommendations relate to occupational motor vehicle safety. They include a recommendation to the FMCSA to establish scientifically based regulations for CMV drivers that set limits on hours of service and establish predictable schedules for work and rest. Another group of recommendations addresses motorcoach safety issues such as the development of NHTSA performance standards for motorcoach occupant protection systems and a proposed NHTSA requirement that newly manufactured motorcoaches and school buses be equipped with on-board devices to record vehicle performance and event or crash data [NTSB 2002]. 3.4 FAIR LABOR STANDARDS ACT (FLSA) 3.4.1 Child Labor The FLSA regulates employment of persons aged 17 and younger by firms engaged in interstate commerce with annual gross revenues of at least $500,000. The basic minimum age for employment is 14 years in agricultural occupations and 16 years in nonagricultural occupations, though youths aged 14 and 15 may perform a limited number of activities in nonagricultural occupations. The FLSA also identifies 17 nonagricultural occupations declared by the Secretary of Labor to be particularly hazardous for 16- and 17-year-olds. Hazardous Order No. 2 addresses the occupations of motor vehicle driver and outside helper. On October 31, 1998, Congress passed the Teen Drive for Employment Act (Public Law 105–334), which modified the FLSA and Hazardous Order No. 2 to prohibit all on-the-job driving by 16-year-olds.
“A youth aged 17 may drive for no more than one-third of the work time during any workday.” 3.4.2 Motor Carrier Exemption Workers who fall under the jurisdiction of the Federal Motor Carrier Safety Regulations are exempt from the overtime provisions of Section 7 of the FLSA, which guarantees compensation at 11/2 times the regular rate for work beyond a 40-hour workweek. This exemption applies to motor carrier employees whose duties affect the safety of the operation of motor vehicles that transport passengers or property on public highways (e.g., drivers, driver’s helpers, loaders, and mechanics) [DOL 2002]. OSHA regulations for certain industries specify that seat belts must be installed on most specialized vehicles and equipment. However, these regulations are limited to equipment designed for operation at off-highway work sites. They apply to industries such as logging [29 CFR 1910.266] and construction [29 CFR 1926.601 and 29 CFR 1926.602].
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