FMCSA to Revise Rule that Allows Truckers to Drive for 11 Straight Hours

Bowing to pressure from trucking safety groups and labor unions, the Federal Motor Carrier Safety Administration has taken a decision that New Jersey truck accident lawyers have been waiting for.  The agency has agreed to revise the rule that extended the number of hours that a trucker can drive at a stretch, to 11 hours in a shift.

The Bush Administration in its last days, reinstated a rule allowing truckers to drive for 11 consecutive hours, increased from the earlier 10. That rule also cut down the number of rest hours that a trucker could expect, increasing the overall number of hours a trucker could spend driving each week, by 25 percent.

Trucking safety groups had opposed the rule and challenged it, because the administration failed to take into consideration the accident risks from allowing truckers to drive an extra hour per shift.  Earlier this week, the Federal Motor Carrier Safety Administration finally reached an agreement with these groups. The agency has agreed to revise the rule within the next 9 months. 

Reducing the number of hours that a trucker can drive is important not just for the health and safety of truckers, but also the safety of motorists who share the highways in New Jersey with these large trucks every day.

Every year, an approximate 5,000 lives are lost in trucking accidents, many of which involve fatigued drivers sleeping at the wheel. Ask trucking unions, and they will tell you how truckers these days are under tremendous pressure to drive more hours, which ultimately increases profits for the employer. A trucker who is tired and drowsy and not at his sharpest and most alert behind the wheel, is a danger not just to himself, but also to other motorists. As a New Jersey truck accident lawyer, I would like to applaud the efforts of Public Citizen, and the Teamsters union that were responsible for getting the FMCSA to agree to revise this dangerous rule.

 

OSHA List of Top 10 Violations for the Year Contains Several Construction Accident Hazards

The Department of Occupational Safety and Health Administration (OSHA) earlier this week released a list of the top 10 most frequent workplace violations of 2009. OSHA presented the list at the annual Congress and expo of the National Safety council.   As a New Jersey construction accident lawyer, I was deeply concerned, but not too surprised, to see that the list contained several construction accident hazards.

 

Leading the list of violations is one that typically involves poor installation or lack of proper safety gear for workers. Scaffolding violations were the most frequent in the US in 2009, with a staggering 9,093 violations. These accidents are easily prevented, by providing workers fall protection systems, following proper procedures for scaffolding installation and training of workers.

Following scaffolding violations on the list are 6,771 fall protection violations.  These are again very easily preventable, through proper worker training and providing sufficient fall protection systems.

Hazard communication violations numbered 6,378. These violations are seen in the chemical industry, when manufacturers and importers often fail to meet OSHA standards for evaluating the risk of the chemicals they handle.

Respiratory protection violations numbered a total of 3,803 this year. These kinds of failures can expose workers to harmful debris, particles, vapors and gases increasing the chances of development of lung diseases and cancer.

Rounding off the list were 3,321lockout-tag out violations, 3,079 electrical wiring violations, 3,072 ladder violations, 2,993 powered industrial equipment violations, 2,556 electrical violations and 2,634 machine guarding violations.

The construction site is one of the most dangerous workplaces in the US. With the kind of violations the industry racks up every year, that isn't so much of a surprise.

Scott Grossman is a New Jersey construction accident lawyer representing injured victims of crane and forklift accidents, trench collapses, scaffolding accidents and other construction accidents around the state of New Jersey.