Posts Tagged ‘DOT compliance’

90 New Regulations…coming soon from the Department of Labor

Thursday, December 17th, 2009

dolWage and hour law continues to be a hot topic for our clients. Just when we  have learned how to deal with that last batch of new regulations on paying employees, record-keeping and employee classification the  Department of Labor will be proposing 90 new regulations in the coming months. A complete list of the regulatory agenda can be found at http//www.dol.gov/asp/regs/unifiedagenda/fall_2009_agenda.pdf. The  DOL has named 12 “specific strategic outcomes” it is seeking with the package.

The outcomes include “increasing workers’ incomes and narrowing wage and income inequality”; “securing safe and healthy workplaces, wages and overtime, particularly in high-risk industries”; “assuring skills and knowledge that prepare workers to succeed in a knowledge-based economy”; “helping workers who are in low-wage jobs or out of the labor market find a path into middle-class jobs”; and ensuring workers have a voice in the workplace.” Facilitating unionization is the point of another rule that will be proposed. The Office of Labor-Management Standards will draft a regulation requiring greater disclosure by employers of consultants that they hire to advise them on union organizing campaigns.

If you are looking for updates and guidance on wage and hour law, attend one of KPA’s free webinars- Essentials of Wage and Hour Law for Dealerships, Advance Wage and Hour Law or California Wage and Hour Law presented by leading employment and labor attorneys, John Boggs of Fine, Boggs and Perkins and Jim Hendricks of Ford & Harrison, LLP.

Additional informationon the OSHA regulations that are part of the agenda can be found on Patric’s post from December 11th.

Who needs DOT training?

Thursday, November 19th, 2009

Sounds like a simple question and you would expect a simple answer, doesn’t it? Yet, the reality is that many employees and employers alike don’t know the answer. Or worse, because they cannot readily find the answer, they assume they don’t need it. Unfortunately, in many cases they are required by DOT to have training.

Let’s review a few definitions and requirements.

Question: what defines a “hazmat employee”?

Answer: a hazmat employee is a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety. This term includes an individual, including a self-employed individual, employed by a hazmat employer who, in the course of employment: (1) Loads, unloads, or handles hazardous materials; (2) Manufactures, tests, reconditions, or repairs, modifies, marks, or otherwise represents containers, drums, or packages as qualified for use in the transportation of hazardous materials; (3) Prepares hazardous materials for transportation; (4) Is responsible for safety of transporting hazardous materials; or (5) Operates a vehicle used to transport hazardous materials.

Question: who needs DOT hazmat training?

Answer: all hazmat employees require training including the following: (1) General awareness/familiarization training, and (2) Function-specific training.

Question: when and how often do I need training?

Answer: Initial training by a new hazmat employee, or a hazmat employee who changes job functions must be completed within 90 days after employment or a change in job function. Recurring training is required at least once every three years.

Check out the DOT regulations for the 49 CFR, Part 172, Subpart H regulations or the website of the Federal Motor Carrier Safety Administration for a less formal and more readable explanation.