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Any seller that fails to post the required labels on any applicable dispenser
is presumed to know that the fuel will not be used for a nontaxable use
and may be responsible for paying the 24.4 cpg federal excise tax on the
fuel (the back-up tax) and assessed a $10
for every gallon of fuel in the tank
at the time of the violation. Heating oil dealers and petroleummarketers
should check dyed diesel fuel, dyed kerosene and clear, untaxed kerosene
dispensers for the proper IRS labels.
New CDL Driver Rule Restricts Choice
of Medical Professional for Driver Physicals
The U.S. Federal Motor Carrier Safety Administration (FMCSA) issued
a final rule that makes fundamental changes in the way drivers obtain
medical examination certificates required for CDL licensure. Under the
new rule, on or after May 21, 2014, drivers seeking to apply for or renew
a CDL license must select a medical professional from FMCSA’s newly
created National Registry of Certified Medical Examiners to conduct
required physical exams and issue a medical certificate. Medical
professionals not listed on the National Registry on or after May 21, 2014
may not conduct driver physicals or issue medical certificates necessary for
CDL licensure. In order to be listed on the National Registry, medical
professionals must earn certification by training and testing in FMCSA’s
physical qualification standards for drivers.
Most private practice doctors are not expected to undergo the required
testing, training and certification. As a result, many drivers who have relied
on family doctors to provide CDL medical qualification certificates will be
required under the new rule to select a medical professional listed on the
newly created National Registry. Typically, such medical professionals are
private clinics specializing in DOT compliance services, such as drug and
alcohol testing. According to the FMCSA, the rule is necessary to prevent
medical professionals with no knowledge of driver physical qualification
standards from “rubber stamping” medical certificates.
New OSHA Workplace HAZCOM
Rule Requires Employee Training
The Occupational Safety and Health Administration (OSHA) recently
issued a final rule making changes to the agency’s existing Hazard
Communication Standard (HAZCOM). The HAZCOM standard has been in
effect since 1983 and requires chemical manufacturers to label hazardous
chemicals, prepare material safety data sheets (MSDS) describing potential
chemical hazards and provide safe-handling instructions for downstream
employers. Under the existing HAZCOM program, employers must inform
employees of the presence of hazardous chemicals in the workplace by
ensuring containers are properly labeled; providing access to MSDS; and
conducting hazardous chemical training.
For employers and distributors of hazardous chemicals, the primary
focus of the new HAZCOM is to understand the new format for hazardous
chemical product labels and material safety data sheets (MSDS) that are
now aligned with international standards. Under the new rule, the
“Material Safety Data Sheet” designation will be changed to “Safety Data
Sheet” (SDS). The new SDS format will contain 16 numbered sections in
numerical order containing chemical information including first aid
measures. Chemical container labels will include international pictograms
in a reconfigured format. Employees must be trained to read and
comprehend the new label and SDS formats. While chemical
manufacturers are not required to use the new formats until December 1,
2015, many are introducing them now or plan to do so before the
compliance deadline. As a result, OSHA is requiring employers who have
hazardous chemicals in the workplace to train employees on the new label
and SDS formats by December 1, 2013. Distributors of hazardous
chemicals, such as heating oil dealers, petroleummarketers and propane
dealers must pass the new SDS to downstream employers when they are
first received from the manufacturer.
WhoMust Be Trained?
NEFI members who are subject to the HAZCOM standard were required
to train applicable employees on the new container label and SDS format
by December 1, 2013. The HAZCOM rule applies to workplaces where
employees may be exposed to hazardous chemicals under normal
operating conditions or in foreseeable emergencies and subject to health
hazards through inhalation, ingestion, skin contact or absorption. Because
there are many variables that determine individual workplace compliance
with HAZCOM, it is not possible to identify a specific class of employee
who must receive training on the label and SDS changes. However, some
general assumptions can be made. Select employees that will likely require
training in the new container label and SDS formats include those
employees at bulk plants, c-stores, lube oil warehouses, bottled propane
facilities, automobile quick lubes, car wash operations, and vehicle repair
and maintenance shops.
Administrative employees in the workplace where hazardous chemicals
are present, such as a bulk plant or lube oil warehouse, but assigned to a
separate work area without hazardous chemicals, are generally exempt
from OSHA HAZCOM requirements. This is true even where the
administrative employee must occasionally enter or pass through the
work area where the hazardous chemicals are present in their normal
course of business. CDL drivers are only subject to OSHA HAZCOM
compliance during loading and unloading operations located at the
workplace. The hazardous material training drivers must receive every two
years under U.S. DOT regulations may satisfy OSHA HAZCOM
requirements. NEFI members should check with their HAZMAT training
provider to determine if the course satisfies the new OSHA HAZCOM
requirements. If so, these drivers will not require OSHA training.
New SDS and Container Labels
Hazardous chemical distributors downstream from the manufacturer
are not required to create a new SDS for products they distribute. Instead,
distributors, including NEFI members, receive the new product SDS from
upstream suppliers. Once a new SDS is received, NEFI members must keep
it on file and remove the existing MSDS for the corresponding product.
NEFI members are also required to provide a copy of the new product SDS
(when they are received from upstream suppliers) to all downstream
customers who are employers. The SDS changes are not required until
December 1, 2015 but are transitioning into the product distribution
system now. NEFI members with warehouse operations that repackage
bulk lube oil must comply with the new HAZCOM label requirements for
containers. Container labels are not required until December 1, 2015. New
compliant container labels may be obtained from lube oil suppliers or
product manufacturer.
State OSHA Programs
NEFI members who conduct their own employee training should check
with their state OSHA program regarding compliance with HAZCOM
requirements. Compliance requirements may differ in states with their
own OSHA plan.
For compliance information contact Mark S. Morgan, NEFI Regulatory
Counsel at
