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Dear PEI Member: The Occupational
Safety and Health Administration (OSHA) published a new
fall protection rule for general industry
on Nov. 18, the biggest update in 45 years to the walking-working surface
standards for general industry found in 29 CFR 1910.
The new rule will be directly
applicable in the 33 states and territories that follow federal OSHA
standards for private sector employees and employers. The 26 states and
territories that have OSHA-approved State Plans for the private sector also
will be indirectly impacted because federal law requires that State Plans
must be “at least as effective in providing safe and healthful workplaces as
federal OSHA standards.” OSHA reviews each approved State Plan annually
under the Federal Annual Monitoring Evaluation (FAME) process.
The rule covers floors,
stairways, ladders, roofs, scaffolds and other walking-working surfaces in
warehouses, manufacturing facilities, repair shops and similar workplaces.
It does not apply to construction activities, which are governed by 29 CFR
1926. OSHA notes, however, that the new rule should particularly benefit
companies involved in both construction and general industrial activities:
“The final rule increases consistency between the general industry and
construction standards, which will make compliance easier for employers who
conduct operations in both industry sectors.”
Among its most significant
changes, the new rule:
- Gives
employers increased flexibility by allowing them to choose from a variety of
accepted fall protection systems.
(29 CFR 1910.28)
- Updates
scaffolding requirements to mirror the requirements for the construction
industry.
(29 CFR 1910.27(a))
- Provides
that workers on walking-working surfaces at least 4 feet above a lower level
must be protected from falling.
(29 CFR 1910.28(b)(1))
- Sets
additional fall protection requirements for stairways
(29 CCR 1910.25) and
work areas that are less than 4 feet above dangerous equipment.
(29 CFR
1910.28(b)(6))
- Requires
that new and replacement fixed ladders capable of extending more than 24
feet must be equipped with safety or fall-arrest systems and that all such
ladders must be so equipped over a 20-year phase-in period.
(29 CFR
1910.28(b)(9))
- Details
requirements for the performance, inspection, use and maintenance of
personal fall protection systems.
(29 CFR 1910.140)
- Requires
employers to regularly inspect walking-working surfaces and then repair,
correct or otherwise guard against hazardous conditions that are discovered
in such inspections.
(29 CFR 1910.22(d))
- Requires
training of workers involved in high-hazard jobs about fall hazards and fall
protection systems.
(29 CFR 1910.30)
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New OSHA Fall Protection Rule
YE Conference Early-Bird Deadline
AMEX and Discover Join EMV Delay
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OSHA estimates that the rule
will cover 112 million workers at 7 million worksites and will prevent 29
fatalities and more than 5,842 injuries each year.
Most of the new requirements take effect
Jan. 17, 2017, which is 60 days after the rule’s publication date. Training
requirements are deferred until May 17, 2017, six months after the effective
date.
YOUNG EXECUTIVES
CONFERENCE EARLY-BIRD DEADLINE
Early-bird registration for the
2017 PEI Young Executives Conference
ends Friday, Dec. 16. Ryan Estis is the speaker for the conference, which
will be held Feb. 8-10 at the historic
Casa Monica Hotel in St. Augustine,
Florida. Estis is the former chief strategy officer for a $200-million
division of McCann-Erickson Advertising. His current focus is preparing
leaders to thrive in today’s increasingly connected, competitive business
environment. In his presentations, Estis will challenge attendees'
conventional leadership practices, and explore techniques and technology
that will meet the evolving needs of today’s workers.
DOVER COMPLETES ACQUISITION
OF WAYNE FUELING SYSTEMS
Dover has
completed its previously announced acquisition of Wayne Fueling Systems.
The acquisition is Dover’s fourth in the retail and commercial fueling
industry since the beginning of 2016. Wayne operations will be folded into a
new business called Dover Fueling Solutions (DFS), which also will include
Tokheim, ClearView, Fairbanks, ProGauge and OPW Fuel Management
Systems. DFS will focus on delivering advanced fuel dispensing
equipment, electronic systems and payment, automatic tank gauging and
wetstock management solutions to customers worldwide. David Crouse, who has
served as president of OPW for 10 years, has been named president of Dover
Fueling Solutions.
AMEX AND DISCOVER EXTEND
EMV LIABILITY DATE
American Express and Discover have joined Visa and Mastercard in extending
by three years the deadline for U.S retailers to upgrade their fuel
dispensers to accept EMV chip-card transactions. The announcements bring the
two companies in line with the delay announced Dec. 1 by Visa and Mastercard
(see Dec. 2, 2016 TL). Retailers now have until Oct. 1, 2020, to upgrade or
face additional liability for chip-card fraud at the dispenser.
In the
American Express press release, a
company official said, “U.S. fuel merchants
face unique circumstances, including complexity of the hardware upgrade and
the process involved in making the updates necessary to accept EMV chip
cards at automatic fuel dispensers. We want to ensure these merchants have
the time necessary to work through this process so they can upgrade their
systems to accept EMV chip cards and enhance their security.”
Discover’s press release
noted that the company “remains committed to ensuring a smooth transition to
chip technology for stakeholders and helping to provide a more secure and
seamless experience for customers at the pump.”
MISSOURI SUPREME COURT
LIMITS LIABILITY FOR STATE TANK INSURANCE FUND
The Missouri Supreme Court
has ruled in City of Harrisonville v. McCall Service Stations, 495 SW
3d 738, that owners of leaking underground storage tank (UST) systems may
not collect punitive damages from the state’s Petroleum Storage Tank
Insurance Fund because the statute creating the Fund did not authorize such
damages.
BRIEFLY NOTED
“Walmart has opened its latest concept
in grocery pick-up in Thornton, Colo. The 4,000-square-foot Walmart (NYSE:
WMT) store is the second one in the country for the mega-retailer and
grocery store, and it's a new concept of an online grocery order pick-up
location, a convenience store that sells hot sandwiches and coffee, as well
as a gas station.”—Denver Business Journal, Dec. 2, 2016.
“We’ve learned that people aren’t prepared
to pay a higher price for an electric vehicle. I don’t see some kind of
disruptive element coming from electric cars that would prompt sales to go
up quickly in the next five to six years.”—BMW Chief Financial Officer
Friedrich Eichiner, as quoted in www.greentechmedia.com, Dec. 9, 2016.
“NASCAR announced today that it will surpass 10 million
competition miles on Sunoco Green E15, a biofuel blended with 15 percent
American-made ethanol, by the end of the 2016 season.”—www.nascar.com,
Nov. 11, 2016.
DEATHS
Jerry White, construction manager for the Southern Company of North
Little Rock, passed away Dec. 4, after a
brief illness. Jerry was involved in the petroleum equipment business for
more than 40 years. Prior to entering the business, he was a staff sergeant
in the U.S. Air Force.
Survivors include his wife Brenda;
his son Jeffrey; daughters Heather Nixon and Melissa Messner; his mother
Angie White; three brothers, three sisters and five grandchildren.
Scott Burgess, longtime head of customer service for PMP Corporation,
passed away Dec. 3, following a difficult battle with cancer. Scott had
served PMP and its customers for more than 42 years, after beginning his
career at the company as a teenager. Many PEI members will recall that for
years Scott helped man the PMP booth at the PEI Convention. Survivors
include his wife Karen and sisters Debra Burgess and Darlene Bierkan.
MEMBERSHIP APPLICATIONS
UAE storage tank fabricator.
Maverick Construction Equip. Trd., P. O. Box 22296, Ajman, United Arab
Emirates, has applied for affiliate division membership. Hamed Alizadeh is
engineering manager for the firm, which was established in 2010. The company
designs and fabricates storage tanks. Sponsored for PEI membership by Naram
H. Nassar, OTAL, Dubai, United Arab Emirates.
www.maverick-uae.com
Panama maintenance and construction firm.
Jencer S.A., 10th Street Nuevo Tocumen 24 de Diciembre, Panama
City, 0819 Zone 8, Panama, has applied for service and construction division
membership. Javier Enrique Cermeno is manager of the firm, which was
established in 2007. The company provides maintenance and construction
services for service stations. Sponsored for PEI membership by Armando E.
Campos C., MasService, Panama City, Panama.
www.jencer.net
ADMITTED TO PEI
- Econoequip S.A. de C.V., Veracruz, Mexico (dis)
- Tokheim, Dundee, Angus, United Kingdom (mfr)
- Bill Wise, Love’s Travel Stops & Country Stores, Oklahoma City, OK
(O&E)
- Chris Cummings, Love’s Travel Stops & Country Stores, Oklahoma City,
OK (O&E)
- Jeff Pyle, Love’s Travel Stops & Country Stores, Oklahoma City, OK
(O&E)
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