- DOT & Security
- FDA & Medical Gases
- Government Affairs & Human Resources
- Lean Operations
- OSHA & EPA
- Welding Fume Litigation
DOT & Security
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How to Know and Abide By DOT Drug and Alcohol Rules
By Michael Dodd U.S. Department of Transportation drug and alcohol regulations, and how they apply to our GAWDA members, can be one of the more difficult areas of regulatory issues to understand. There are two main sections in the Department of Transportation (DOT) regulations that discuss the drug and alcohol regulations: 49 CFR, Parts 40 and [...] -
DOT Issues Final Rule on Drug and Alcohol Clearinghouse
By Richard P. Schweitzer, PLLC The Federal Motor Carrier Safety Administration (FMCSA) has finally published its long-awaited final rule to establish an online clearinghouse of data for CDL drivers who test positive for drug or alcohol use in violation of DOT requirements or who refuse to submit to a DOT drug or alcohol test. The rule [...] -
GAWDA Safety Committee — Sample Safety Practices
Many safety-practice documents are readily available to members Your GAWDA Safety Committee meets on a monthly basis via conference calls and face to face annually at the Spring Management Conference. One of the main goals of the committee is to help our membership to reduce accidents in the workplace and protect our customers. Over the [...] -
Special Permits
There are two kinds of DOT special permits (SP). There are permits for manufacturing packages that are different from approved specifications. There are also permits that let you do things differently than what is found in the published regulations. On File at Each Location If you have a package that has SP on it, you must have [...] -
Summer Brings Wave Of Hot Topics
GHS Labeling Hopefully by the time you read this, you are well on your way to having the new cylinder decals on your cylinders. The deadline was to have all cylinders you fill with the new decals on them as they ship by June 1, 2015. There is nothing in the regulations that requires you to [...] -
Risk
Risk! I don’t have to explain the concept of risk to any of GAWDA’s member company owners; they deal with it everyday because they are in business. What I do need to talk about is how to reduce that risk in the area that I deal with, DOT & Homeland Security. We have conducted consultant seminars [...] -
Important Cylinder Labeling Announcement
Revisions to the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (29 CFR Part 1910.1200) brought the United States into alignment with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). These GHS changes require our cylinder decals to be revised by June 1, 2015. The Compressed Gas Association has just published the [...] -
DOT Filing System
Members have asked me how they should keep their DOT files. DOT allows you to keep them in just about any fashion that you wish, provided the driver qualification and the drug and alcohol files are kept secure with authorized access only. Here is a suggested method that I have put together for members in [...] -
Cylinder Decal Changes Coming
The precautionary statements found on our cylinder decals are being updated to meet the new Globally Harmonized System (GHS) requirements. The GHS is an international approach to hazard communication, providing agreed criteria for classification of chemical hazards, and a standardized approach to label elements and safety data sheets. The Compressed Gas Association will be publishing a [...] -
FMCSA Issues Relief On Short-Haul Exemption From 30-Minute Break Rule
The Federal Motor Carrier Safety Administration has issued guidance that offers relief from one of the unintended consequences of the short-haul driver exemption from the 30-minute break requirement in the driver hours of service regulations. 78 Fed. Reg. 76757 (December 19, 2013). The guidance, set out below, addresses the scenario where a CMV driver who is [...] -
Changes To Hours Of Service, GHS And Shipping Papers
GAWDA CONSULTANT CORNER DOT, SECURITY, OSHA & EPA I want to cover several topics in this article on things coming up and some things that are already in effect but may have been missed by some of our members. Hours of Service Changes Effective July 1, 2013 The 34 hour restart provisions will require two periods between 1 [...] -
DOT Training Requirements
I have written several articles and Traffic Bulletins on training and there is good reason. It consistently ranks as the number one inquiry from members and it continues to be one of the most cited issues by DOT inspectors who visit our members. I want to touch on the high points of the main training [...] -
DOT Advisory Committee Considers Changes To CSA
The Department Of Transportation’s Motor Carrier Safety Advisory Committee (MCSAC) has established a new subcommittee to consider changes to the agency’s Compliance, Safety, Accountability Program for commercial trucks and buses. The subcommittee is tasked with developing suggestions on how the CSA Program could be more effective as a tool for identifying unsafe companies. The MSCAC [...] -
Service Trucks
Do service vehicle operators need to have all the items that their regular drivers need? By Michael Dodd -
CSA Changes Affect All GAWDA Members
DOT's broader Compliance, Safety, Accountability initiative impacts delivery vehicles. By Richard P. Schweitzer, Esq. -
SP-14175, The 10-Year Retest On Clusters
A special permit allows certain cylinders in bundles to go 10 years on requalification. By Michael Dodd. -
Hours Of Service Rule Changes
FMCSA issued a final rule amending the driver hours of service regulations. By Michael Dodd. -
Four Cylinder Filling Tips
Four cylinder filling tips to reduce the chances of fatality or serious injury to employees and customers. By Michael Dodd -
Propane Cylinder Fire
A recent lawsuit arose from the death of man who was injured when propane leaking from a cylinder ignited. By Michael Dodd. -
Safety Management System
Have you looked at your DOT record or score lately? By Michael Dodd. -
Special Permits, Enforcement Top DOT Agenda
Two recent final rules from DOT may affect GAWDA distributor operations. By Richard P. Schweitzer. -
DOT Audits
The most frequently cited DOT violations related to the gases and welding industry. By Michael Dodd -
Hours of Service Proposal Hits Drivers
FMCSA's new drivers' hours of service proposal would require distributors to reconfigure their dispatch and driver management protocols. By Richard P. Schweitzer -
DOT Filing System
The filing system for driver qualification and drug and alcohol files will make sure you’re ready during a DOT inspection. By Michael Dodd. -
Random Drug and Alcohol Testing
Gases and welding employees involved in interstate commerce must be part of a random drug and alcohol testing program. By Mike Dodd -
PHMSA Publishes Final Rule Limiting Security Plans
PHMSA's new hazmat security plan benefits gases and welding distributors. By Michael Dodd. -
Would You Be Ready For A DOT Audit?
Gases and Welding Distributors Association consultant Mike Dodd discusses how to prepare for and handle a Department of Transportation (DOT) inspection. By Mike Dodd. -
FMCSA Answers Your Driver Questions
Bill Quade of the Federal Motor Carrier Safety Administration (Department of Transportation) answers questions submitted by gases and welding distributors association members. -
Comprehensive Safety Analysis 2010
American Trucking Associations director of safety talks about ways to make gas cylinders and welding equipment trucks safer, and what FMSCA looks for. By David L. Potts -
DOT Regulations Come Under Scrutiny
The DOT’s PHMSA is Under Congressional Scrutiny for being too close to the industry it regulates. By Richard Schweitzer -
DOT Training Requirements
Important gases and welding issues regarding DOT, hazmat, cylinder filling, cylinder requalification, CDL, and more. By Mike Dodd -
Cylinder Requalification
GAWDA's Department of Transportation, OSHA & EPA Consultant presents issues related to gas cylinders and requalification of compressed gas cylinders. -
Annual Driver Review
Hazmat drivers are subject to annual reviews from DOT. Inspectors check hazmat cylinder requalification and cylinder filling operations. By Michael Dodd -
DOT Filing System
Companies identified by the Department of Homeland Security as high risk must submit a Chemical Security Assessment Tool (CSAT) Security Vulnerability Assessment (SVA); Department of Transportation (DOT) audits are on the increase. By Michael Dodd. -
DOT Audits And CFATS
Companies identified by the Department of Homeland Security as high risk must submit a Chemical Security Assessment Tool (CSAT) Security Vulnerability Assessment (SVA); Department of Transportation (DOT) audits are on the increase. By Michael Dodd. -
DOT Items To Consider
Shipping paper information must be kept current; DOT special permit allows certain cylinders to go 10 years on requalification; Chemical Facility Anti-Terrorism Standards update. By Michael Dodd. -
Chemical Facility Anti-Terrorism Standards (CFATS)
An in depth look at how the Department of Homeland Security (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) Appendix A effects gases and welding distributors. By Michael Dodd. -
DOT And Security Regulations On The Horizon
The Department of Transportation (DOT) is exploring a number of new security regulations for 2008. By Michael Dodd. -
DOT Audits Are Increasing
There is a definite increase in the number of Department of Transportation (DOT) audits in late 2007. By Michael Dodd. -
DOT & Security Risk
GAWDA offers programs to meet Department of Transportation (DOT) compliance . By Michael Dodd. -
Do Your Drivers Have Second Jobs?
DOT holds motor carrier responsible for all hours worked by the driver, whether it is at your business or any other job they may work. By Michael Dodd -
Security Plan Audits
Department of Transportation (DOT) audits and penalties for 2006. By Michael Dodd. -
DOT Security And Hazmat Endorsements
The number one penalty being issued by the Department of Transportation (DOT) is for the hazmat security program. By Michael Dodd. -
Prepare For The Dreaded Call
There have been several new items from DOT for 2005 that are now in effect. By Michael Dodd. -
Entry Level Driver Training
FMCSA rule requiring training for entry-level drivers. By Michael Dodd. -
DOT Training Requirements
DOT's main training topics are hazmat, driver, and drug and alcohol training. By Michael Dodd. -
DOT Security Visits
Department of Transportation (DOT) Security Reviews. By Michael Dodd. -
Technology And Trucking
Communications technology in the welding and gases industry. Technology and Trucking. By Michael Dodd. -
FMCSA Insurance Requirements
The amount of liability insurance required by the Federal Motor Carrier Safety Administration. By Michael Dodd. -
Security Training
Research and Special Programs Administration (RSPA) 2003 rule on security requirements for shippers and carriers of hazardous materials. Security Training. By Michael Dodd. -
Will You Be Ready For A DOT Audit?
The Department of Transportation (DOT) continues to increases audits. Will You Be Ready For A DOT Audit? By Michael Dodd. -
DOT Drug and Alcohol Regulations
Department of Transportation (DOT) drug and alcohol regulations prevent accidents and injuries from misuse of alcohol and other drugs by drivers of commercial vehicles. By Michael Dodd. -
Driving Commercial Motor Vehicles
Department of Transportation (DOT) drug and alcohol regulations prevent accidents and injuries from misuse of alcohol and other drugs by drivers of commercial vehicles. By Michael Dodd.
FDA & Medical Gases
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Preventing Medical Gas Mix-ups
Save lives with four simple steps Since 2000, there have been no fatal incidents involving medical gas mix-ups resulting from incorrectly connected cryogenic medical gas containers. However, in the previous 17 years, 12 people died and many more were injured as a result of medical gas mix-ups. This result is due, in large part, to the highly [...] -
The Two Critical Questions For Your Food Compliance
Is my business a ‘Qualified Facility’? The new Food and Drug Administration (FDA) food regulations are now in place (21 CFR Part 117). Though many of the new requirements are similar to the old regulations, the emphasis is now on having a Food Safety Management System rather than a checklist of activities to assure compliance. “Food [...] -
Appropriate Medical Gas Regulations
The latest developments It has been over 26 years since the FDA issued official guidance for medical gases. Since then, a lot has changed about medical gas compliance. The agency has issued three unofficial series of medical gas documents since the 1989 guidance (Fresh Air, Gas What and the 2003 Draft Guidance). Even these newer documents [...] -
The Top 12 Questions You Can Expect During An FDA Inspection
FDA issues new guidance to inspectors. On March 15, 2015, the FDA implemented a new medical gas inspection guidance document for inspectors called Compliance Program Guidance Manual, Compressed Medical Gases. In addition, the FDA trained state Boards of Pharmacy on how to use this new manual to inspect a medical gas facility. While the FDA’s interpretation [...] -
Response to Medical Gas Legislative Action
We learned of a new Michigan law which went into effect September 30, 2014 that established additional safeguards relative to the practice of drug compounding. The law was in response to several instances where tainted drugs from compounding pharmacies were found and, in one case, led to a nationwide outbreak of meningitis. Although the law [...] -
When Can I Sell Medical Oxygen?
On its face, this seems like a simple question. However, there are some interesting exceptions and conditions for selling medical oxygen. Below are the answers to seven questions about the sale of medical oxygen. Can I sell medical oxygen to a patient with a prescription? Yes, if a patient presents you with a valid prescription, and if [...] -
The Latest Medical Gas USP Monographs
Since 2009, the Unites States Pharmacopeia (USP) has proposed revisions to the medical gas monographs. GAWDA and the Compressed Gas Association’s Medical Gas Committees have supported the efforts to modernize the antiquated and hazardous wet-chemical test procedures. After a proposed new test procedure is developed and validated, the formal USP monograph revision process involves multiple comments [...] -
The Business Owner’s FDA Checklist
Eight quick action items to prepare for an investigation Most FDA inspections are fairly routine, and while we are occasionally surprised by the agency’s actions, most FDA investigators follow a predictable script. Knowing this, you can be prepared for the inspection. Your next FDA inspection will be more successful when you are prepared. Of course, we recommend [...] -
Handling Extreme FDA Inspections
The FDA regularly inspects GAWDA members for compliance with food, drug and device regulations. Most of these inspections are routine and reasonable. However, there are a few inspections each year that become very difficult…even adversarial. In the past year, these difficult inspections have occurred at GAWDA members with exemplary compliance programs. For example: In one case, the [...] -
Food And Drug Gas Production
GAWDA CONSULTANT CORNER FDA & MEDICAL GASES There have been some recent FDA inspections with violations of cleanliness standards. This article highlights things you can reasonably implement to avoid compliance problems with cleanliness. Cylinder/Container Cleanliness (21 CFR 211.94) Current Good Manufacturing Practices specify that the container (cylinder) must be cleaned before use. The intent of this [...] -
Food Gases
In recent years, the FDA’s understanding and our understanding of food gases have evolved. This article surveys the major food gas issues for today and recommends practical ways to stay ahead of the changing enforcement activities in the future. What Are Food Gases? Gases that come into contact with food and beverages are “food gases.” This [...] -
The Medical Gas Safety Act
New law accomplishes several major goals for the medical gas industry. By Thomas L. Badstubner -
FDA Gets Aggressive With Inspections
6 need-to-know compliance issues for food gases and medical gases. -
Medical Gas Legislative Update
Medical Gas Safety Act holds promise for approval of medical gases. By Thomas L. Badstubner -
Medical Gas Training For Drivers
FDA has renewed its enforcement of cGMP training -
Recent FDA Enforcement Activities
GAWDA members are beginning to see increased inspection activity—and severity. By Thomas L. Badstubner -
Five Essential Tools For FDA Compliance
The FDA has made available tools which you can use to stay up-to-date with the agency’s actions in our industry. Below are five informational tools that will help you prepare for the next inspection. By Thomas L. Badstubner. -
Improve Your FDA Compliance
The best way to improve your FDA compliance is effective training. By Thomas L. Badstubner. -
Proactive FDA Inspection Preparation
Questions to prepare distributors for an FDA inspection. By Thomas L. Badstubner -
Medical Gases…The Sky Is Not Falling
There are several medical gas initiatives being planned by the FDA, Congress and USP. This article lists the major issues and their likely impact on the industry. By Thomas L. Badstubner. -
The FDA Investigator Is At The Door
Recently there has been in increasing number of FDA audits involving gases and welding distributors. GAWDA members must be prepared for such an occurrence. By Thomas L. Badstubner -
Medical Gas Expiration Dates
FDA’s Current Good Manufacturing Practice determines medical gas expiration dating standards. By Thomas L. Badstubner -
What Is My FDA Compliance Exposure If Fire Departments Fill Medical Oxygen?
Gases and Welding Distributors Association medical gas consultant offers strategies for complying with FDA regulations when filling medical oxygen cylinders. By Thomas L. Badstubner -
Alternate Cylinder Fill Technologies
There are many new technologies available for filling high pressure medical gas cylinders. By Thomas L. Badstubner -
Cylinder Procedures
GAWDA's FDA & Medical Gases Consultant describes best practices for storing, filling and inspecting cylinders for industrial, specialty, medical and compressed gases. -
Is Air A Medical Or Industrial Gas?
Air can be used as both a medical gas and an industrial gas. Production is regulated by the FDA and OSHA depending on its medical or industrial uses. By Thomas L. Badstubner -
Nitrogen
Tom Badstubner explains if nitrogen is classified as a drug, device or industrial product depending on the situation. By Thomas L. Badstubner -
Top Five FDA Violations
The Food and Drug Administration (FDA) continues inspections of medical gas companies. Here are the top five FDA violations and what a company can do to comply. By Thomas L. Badstubner. -
E-Pedigree
E-Pedigree. By J. Robert Yeoman. -
FDA’s Focus On Segregation
Food and Drug Administration inspections of cylinder fill plants focus in on segregation practices. By J. Robert Yeoman. -
Mine Rescue Gases
The Food and Drug Administration allows oxygen cylinders to be used for mine safety chambers, but GAWDA wants clarification. By J. Robert Yeoman. -
Color Coding For Medical Cylinders
Color Coding For Medical Cylinders. By J. Robert Yeoman -
Qualifying Fill Systems For Medical Service
The Food and Drug Administration (FDA) Medical Gas Guidance document requirements will influence the medical gases industry. By J. Robert Yeoman. -
Plumbing Contractors • Oxygen Bars
Is it legal for medical gas suppliers to sell Nitrogen NF to plumbing contractors, and how does FDA continue to let oxygen bars stay in business? By J. Robert Yeoman. -
Medical Gas Testing Procedures
The Food and Drug Administration (FDA) is concentrating its medical gas enforcement activity on medical gas testing procedures and documentation. By J. Robert Yeoman. -
Is An FDA Crackdown Coming?
Pressure on the Food and Drug Administration (FDA) to step up enforcement may impact the medical gases industry. By J. Robert Yeoman. -
Preparing Medical Containers
The Food and Drug Administration (FDA) is evaluating the practice of medical gas cylinder reuse. By J. Robert Yeoman. -
Pharmacy Board Proposes Distributor Verification And Accreditation
The Food and Drug Administration (FDA) is evaluating the practice of medical gas cylinder reuse. By J. Robert Yeoman. -
Risk Assessment 101
The Food and Drug Administration (FDA) supports the pharmaceutical industry's transition to risk-based compliance programs. By J. Robert Yeoman. -
Requirements For Holding And Distributing Medical Gas Products
The Food and Drug Administration (FDA) supports the pharmaceutical industry's transition to risk-based compliance programs. By J. Robert Yeoman. -
FDA Urban Legends
The Food and Drug Administration (FDA) will likely never require installation of dedicated medical tanks and equipment by medical gas companies; hospitals (but not EMS and fire companies) are exempt from cGMP requirements. By J. Robert Yeoman. -
Quality Systems For Pharmaceutical Manufacturing
Food and Drug Administration (FDA) document outlines comprehensive "Quality Systems" approach to drug manufacturing operations. By J. Robert Yeoman. -
Quality Audits
Once Food and Drug Administration (FDA) releases new medical gas guidance document, industry can expect increase in inspection activity. By J. Robert Yeoman. -
Medical Gas Cylinder Filling Requirements For EMS
Trend growing in the medical gases business for emergency medical services to refill town Oxygen USP cylinders. By J. Robert Yeoman. -
Qualifying Items For Medical Gas Service
The biggest difference between oxygen-clean components and those qualified for medical gas service is the "paperwork pedigree." By J. Robert Yeoman. -
FDA Addresses Part 11
Food and Drug Administration (FDA) simplifies part 11 requirements for electronic records and signatures for medical gas producers. By J. Robert Yeoman. -
Industrial Customers Requesting Medical Gases
Distributing medical gases to unauthorized customers may put a distributor in violation of federal law. By J. Robert Yeoman. -
21st Century cGMP Inspections
Food and Drug Administration's (FDA) "Pharmaceutical cGMPs for the 21st Century: A Risk-Based Approach." By J. Robert Yeoman. -
FDA Medical Gas Guidelines
Early in 2003, FDA is expected to publish for public comment its long anticipated updated FDA Medical Gas Guidelines, this will be the first formal update since they were originally published in 1989. By J. Robert Yeoman.
Government Affairs & Human Resources
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Which Ways Are the Shifting Political Winds Blowing?
Experts’ Insights About the New Administration By Diane Stirling How will the actions and decisions of a Donald Trump administration affect the welding and gases distribution industry? What initiatives will the new president launch that could change the business climate for GAWDA distributors and suppliers? What’s in store for trade policies, regulatory issues, health care insurance and [...] -
DOT Prohibits Coercion of Drivers
Gawda Members May Be Subject to this Coercion Rule as a Carrier, Shipper or Customer of Freight The Federal Motor Carrier Safety Administration (FMCSA) has published a final rule prohibiting motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to operate commercial motor vehicles in violation of certain provisions of the Federal Motor Carrier Safety Regulations [...] -
DOT Proposes New Safety Fitness Standards
The Federal Motor Carrier Safety Administration (FMCSA) has stated that its proposed rule to revise its Safety Fitness Determination procedures for motor carriers (which includes all GAWDA members operating truck fleets) would allow the agency to assess approximately 75,000 carriers a month. By comparison, the FMCSA states it is currently able to investigate only 15,000 [...] -
Legal Use of Marijuana
Considerations for employers Possession and recreational use of some quantity of marijuana is legal in four states (Alaska, Colorado, Oregon, Washington) and the District of Columbia. The use of medical marijuana is legal in 20 additional states. In addition, the U.S. Department of Justice has issued guidelines for federal prosecutors in states that have enacted laws [...] -
DOT Tries To Fix Incorporation Of Medical Card Into CDL
The Federal Motor Carrier Safety Administration has tried for a number of years to incorporate the medical qualification certification for drivers into the Commercial Driver’s License itself. This would mean that the CDL driver would no longer have to keep a copy of the medical “card,” or certificate, on his or her person when operating [...] -
Special Care Needed For Drivers With Sleep Apnea
The Federal Motor Carrier Safety Administration (FMCSA) has published a bulletin to medical examiners on its National Registry of Certified Medical Examiners regarding the current commercial driver physical qualifications standard and advisory criteria concerning the respiratory system. Specifically, the bulletin addresses how the requirements apply to drivers that may have obstructive sleep apnea (OSA). The bulletin [...] -
Why We Need A Highway Bill
This year Congress passed yet another short-term highway bill, which will provide funding for the federal-aid highway and bridge program only through May 31, 2015. Thus the new Congress must take up this issue again and pass legislation before June 1, 2015. Typically, Congress would pass a five- or six-year bill authorizing spending on the programs [...] -
DOT Issues Electronic Log Proposal
On March 28, 2014, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register its long-awaited supplemental notice of proposed rulemaking to mandate the use of Electronic Logging Devices (ELDs) for driver hours of service (HOS) compliance. This rulemaking is a top priority for the FMCSA, and the agency is expected to publish a [...] -
Electronic Logging Rule Allows Flexibility For Short-Haul Deliveries
The Federal Motor Carrier Safety Administration (FMCSA) has published a proposed rule to mandate the use of Electronic Logging Devices (ELDs) for driver hours of service compliance. The proposal has a key exception that, if adopted, will prove beneficial to many GAWDA members. The mandate would become effective two years after the effective date of a [...] -
Legislative Priorities Regarding Hazardous Materials
GAWDA provides input into regulatory programs. Now that Congress has passed a budget and appropriations bill for this fiscal year, another significant question is whether the new-found bipartisanship might extend to the federal-aid highway program and the hazardous materials transportation funding and regulatory program. The current highway bill is scheduled to expire on September 30, 2014; [...] -
House, Senate Take Different Approaches To Helium Legislation
GAWDA CONSULTANT CORNER GOVERNMENT AFFAIRS & HUMAN RESOURCES The U.S. House of Representatives and the Senate are each considering legislation to reauthorize the sale of helium from the Federal Helium Reserve, but the two houses have very different approaches to their bills. The House has passed H.R. 527, which would establish a periodic auction mechanism under which [...] -
U.S. Considers Trade Rules For Cylinders, Tanks, Trucks
Two new initiatives are intended to ease the process of crossing borders with compressed gas cylinders and tank trucks. By Richard P. Schweitzer, Esq. -
CSA Changes Affect All GAWDA Members
DOT's broader Compliance, Safety, Accountability initiative impacts delivery vehicles. By Richard P. Schweitzer, Esq. -
Review Your Cell Phone Policy
Companies that allow their drivers to use handheld cell phones while driving face a maximum penalty of $11,000. By Richard P. Schweitzer, Esq. -
Drivers Still Face A Host Of New Regulations
New and expected regulations from DOT’s Federal Motor Carrier Safety Administration. By Richard P. Schweitzer -
CSA Scores May Affect Special Permits
New policies implemented by the U.S. Department of Transportation (DOT) may affect the ability of GAWDA members to obtain new or renewed special permits for transportation of hazardous materials. By Richard P. Schweitzer, Esq. -
Special Permits, Enforcement Top DOT Agenda
Two recent final rules from DOT may affect GAWDA distributor operations. By Richard P. Schweitzer. -
Force Majeure And Requirements Contracts
General guidance on the effect of force majeure provisions on requirements contracts. By Richard P. Schweitzer. -
Driver Hours Subject To Change
New regulations could alter truck drivers’ hours and compliance methods. By Richard P. Schweitzer -
GAWDA’s Voluntary Cylinder Exchange Policy
GAWDA has adopted a new cylinder exchange policy intended to help member companies determine cylinder ownership when filling for customers. By Richard P. Schweitzer, Esq. -
Must We Pay Our Drivers Overtime?
Commercial motor vehicle drivers who are subject to the federal motor carrier hours of service requirements are exempt from the overtime requirements of the Fair Labor Standards Act. Find out what this means for gases and welding distributors. By Richard P. Schweitzer, Esq. -
DOT Changes Special Permits Process In Response To Criticism
DOT makes changes to the PHMSA special permits process and approvals program. By Richard Schweitzer -
Drivers Face Host Of New Regulations
The. U.S. Department of Transportation (DOT) presents new rules for drivers of trucks hauling hazmat and industrial gas cylinders. By Rick Schweitzer -
Business Braces For New Taxes, Costs, Regulations
GAWDA's Government Affairs and Human Resources Consultant discusses health care reform, card check and stimulus bills in Congress. -
GAWDA Joins Hazmat Coalition
GAWDA joins a coalition of hazmat shipper and carrier organizations - the IP Group. GAWDA is a full voting member representing hazmat in the gases and welding industry By Richard P Schweitzer, Esq. -
Driver Regulations Still In Flux
As Washington makes the change in administration, there are several DOT rulemakings on commercial motor vehicle driver safety still in the works. By Rick Schweitzer. -
DOT Listens, Proposes Changes To Security Rules
Department of Transportation (DOT) considers revisions to HM-232F security plans for some materials classified as hazmat. By Richard P. Schweitzer, Esq. -
GAWDA Renews Its Human Resources Committee
GAWDA Renews Its Human Resources Committee. By Richard P. Schweitzer, Esq. -
Driver Training Proposal Generates More Questions
U.S. Department of Transportation (DOT) offers minimum training standards for entry-level commercial truck drivers, but the rulemaking leaves questions. By Richard P. Schweitzer, Esq. -
Truck Driver Hours Bounce From Agency To Court To Congress
Federal Motor Carrier Safety Administration (FMCSA) driver hours-of-service regulations under debate. By Richard P. Schweitzer, Esq. -
Security And Transportation Issues Remain On Docket For 2008
Security And Transportation Issues Remain On Docket For 2008. By Richard P. Schweitzer, Esq. -
Homeland Security Takes Over Regulatory Role From DOT
Department of Homeland Security (DHS) has become the lead federal agency in developing security regulations for the transportation of hazardous materials. By Richard P. Schweitzer, Esq. -
Transportation Worker Identification Credential Program
Department of Homeland (DHS) establishes Transportation Worker Identification Credential Program. By Richard P. Schweitzer, Esq. -
New Commercial Vehicle Fees
Unified Commercial Registration Plan results in added fees. By Richard P. Schweitzer. -
PHMSA Considering Limits To Hazmat Security Plans
The Pipelines and Hazardous Materials Safety Administration (PHMSA) has published an Advance Notice of Proposed Rulemaking (ANPRM) to consider revisions to the list of hazardous materials that require a security plan. By Richard P. Schweitzer, Esq. -
Background Checks, Credentials And Fees In Flux For Hazmat Drivers
The federal government is trying to streamline its requirements for background checks and credentials for drivers of vehicles carrying hazardous materials. By Richard P. Schweitzer, Esq. -
Hazmat Incident Reporting Rules Clarified
Clarifying the confusion over the requirements for hazmat incident reporting under HM-229. Richard P. Schweitzer, Esq. -
The Value Of GAWDA
The many benefits of membership in the Gases and Welding Distributors Association. By Richard P. Schweitzer, Esq. -
Security Concerns Present New Regulatory Challenges
Distributors of hazmat face additional security regulations at the federal, state and local levels. By Richard P. Schweitzer, Esq. -
How To Determine Cylinder Ownership
How to determine cylinder ownership under Hazardous Materials Regulations (HMRs) 49 C.F.R. §173.301. By Richard P. Schweitzer, Esq. -
The Cost Of Safety Programs
Hazmat safety training is crucial to a welding and gases company's success. By Richard P. Schweitzer. -
HIPAA’s Impact On DOT Driver Qualification And Medical Requirements
How the HIPAA Act of 1996 "Privacy Rule" regulation designed to protect disclosure of certain health information effects DOT regulations requiring employers to obtain and keep certain medical information related to their drivers. By Richard P. Schweitzer, Esq. -
New Entry-Level Driver Training Rules
Minimum Training Requirements for Entry-Level Commercial Vehicle Drivers. By Richard P. Schweitzer, Esq. -
RSPA Amends HM Incident Reports Effective January 1, 2005
The RSPA has issued a final rule in HM-229, 68 Federal Register 67746 (December 3, 2003) that changes the hazmat incident reporting requirements for all hazmat incidents occurring on and after January 1, 2005. By Richard P. Schweitzer, Esq. -
GAWDA Government Affairs Committee
A review of recent activities of the GAWDA Government Affairs Committee and a look at what's ahead. By Richard P. Schweitzer, Esq. -
TSA Background Checks On Hazmat CDL Drivers Delayed
The Transportation Security Administration (TSA) has delayed background checks for drivers who apply for hazmat endorsement. By Richard P. Schweitzer, Esq. -
Cylinder Ownership
Department of Transportation (DOT) regulations provide that a cylinder filled with hazmat may not be offered for transportation unless filled by the owner or with the owner's consent. By Richard P. Schweitzer, Esq. -
Security Developments Since 9/11
For companies such as welding and gases distributorships that ship hazmat, there are many new security regulations on the horizon. By Richard P. Schweitzer, Esq. -
Medical Gas Guidelines, Security And Driver Hours Top Agenda For 2003
Medical Gas Guidelines, Security And Driver Hours Top Agenda For 2003. By Richard P. Schweitzer, Esq. -
Ignoring EPCRA Reporting Can Be Expensive
Significant financial penalties from the EPCRA can result from failure to provide EPCRA hazmat inventory reports by Richard P. Schweitzer, Esq. -
Cylinder Requirements
Hazmat cylinder regulations changes proposed by the DOT Research and Special Programs Administration were dropped at the urging of the National Welding Supply Association. By Richard P. Schweitzer.
Lean Operations
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Why Do Lean At All?
Lean operations can be beneficial in difficult economic times. Gases and welding distributors are wise to implement these lean operations. By Tap Resources -
What Is Lean Thinking Anyway?
A description of the concept of lean thinking and ho it applies to focusing and measuring performance, removing waste, increasing customer service, smoothing process flows, and doing only those activities that add customer value. By Tap Resources -
Achieve Operational Excellence
Operational excellence means doing things effectively across a company's operation - across the entire supply chain - to gain a competitive advantage in the marketplace. By Paul Matlock.
OSHA & EPA
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Special Permits
There are two kinds of DOT special permits (SP). There are permits for manufacturing packages that are different from approved specifications. There are also permits that let you do things differently than what is found in the published regulations. On File at Each Location If you have a package that has SP on it, you must have [...] -
Summer Brings Wave Of Hot Topics
GHS Labeling Hopefully by the time you read this, you are well on your way to having the new cylinder decals on your cylinders. The deadline was to have all cylinders you fill with the new decals on them as they ship by June 1, 2015. There is nothing in the regulations that requires you to [...] -
Risk
Risk! I don’t have to explain the concept of risk to any of GAWDA’s member company owners; they deal with it everyday because they are in business. What I do need to talk about is how to reduce that risk in the area that I deal with, DOT & Homeland Security. We have conducted consultant seminars [...] -
Important Cylinder Labeling Announcement
Revisions to the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (29 CFR Part 1910.1200) brought the United States into alignment with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). These GHS changes require our cylinder decals to be revised by June 1, 2015. The Compressed Gas Association has just published the [...] -
DOT Filing System
Members have asked me how they should keep their DOT files. DOT allows you to keep them in just about any fashion that you wish, provided the driver qualification and the drug and alcohol files are kept secure with authorized access only. Here is a suggested method that I have put together for members in [...] -
Cylinder Decal Changes Coming
The precautionary statements found on our cylinder decals are being updated to meet the new Globally Harmonized System (GHS) requirements. The GHS is an international approach to hazard communication, providing agreed criteria for classification of chemical hazards, and a standardized approach to label elements and safety data sheets. The Compressed Gas Association will be publishing a [...] -
FMCSA Issues Relief On Short-Haul Exemption From 30-Minute Break Rule
The Federal Motor Carrier Safety Administration has issued guidance that offers relief from one of the unintended consequences of the short-haul driver exemption from the 30-minute break requirement in the driver hours of service regulations. 78 Fed. Reg. 76757 (December 19, 2013). The guidance, set out below, addresses the scenario where a CMV driver who is [...] -
DOT Training Requirements
I have written several articles and Traffic Bulletins on training and there is good reason. It consistently ranks as the number one inquiry from members and it continues to be one of the most cited issues by DOT inspectors who visit our members. I want to touch on the high points of the main training [...] -
Propane Cylinder Fire
A recent lawsuit arose from the death of man who was injured when propane leaking from a cylinder ignited. By Michael Dodd. -
Random Drug and Alcohol Testing
Gases and welding employees involved in interstate commerce must be part of a random drug and alcohol testing program. By Mike Dodd -
Cylinder Requalification
GAWDA's Department of Transportation, OSHA & EPA Consultant presents issues related to gas cylinders and requalification of compressed gas cylinders. -
Drug-Free Workplace
The Drug-Free Workplace Act requires contractors and grantees of federal agencies to certify that they will provide a drug-free workplace. By Michael Dodd. -
Do You Need A Written Emergency Action Plan?
If your welding and gases company has 11 or more employees at any given facility, OSHA requires a written Emergency Action Plan. By Thomas W. Eynon. -
Reporting Work-Related Injuries And Illnesses
OSHA requires that welding and gases distributors establish a procedure for the reporting of work-related injuries and illnesses. By Thomas W. Eynon. -
What’s Up With OSHA?
What’s Up With OSHA? By Thomas W. Eynon. -
OSHA 300 Series Recordkeeping
OSHA 300 series requirements for reporting work-related injuries and illnesses. By Thomas W. Eynon. -
Automated External Defibrillators
According to OSHA, about 10,000 sudden cardiac arrest cases occur in the workplace each year. Automated External Defibrillators significantly affect the survival rate of cardiac arrest cases. By Thomas W. Eynon. -
First Aid Requirements
Are you meeting your OSHA legal and moral obligations to ensure your employees have access to prompt medical attention either by first aid or full medical treatment? By Thomas W. Eynon. -
Globally Harmonized System For Hazard Communication
The Globally Harmonized System (GHS) for Hazard Communication was first introduced to our gases and welding membership at the GAWDA University Compliance Training in Indianapolis in spring 2006. By Thomas W. Eynon. -
A Review Of Some Key Safety Issues
Five issues that apply to the welding and gases industry with significant impact on safety performance. By Thomas W. Eynon. -
A Defense For OSHA Citations
Protecting yourself from OSHA citations. By Thomas W. Eynon. -
Forklift Safety
OSHA requirements for forklift operator safety training. By Thomas W. Eynon. -
Safety In The Home
Lost productivity, absenteeism, and healthcare are impacted by home-related injuries. By Thomas W. Eynon. -
Ergonomics
OSHA's comprehensive approach to ergonomics is designed to quickly and effectively reduce ergonomic injuries in the workplace. By Thomas W. Eynon. -
Lockout/Tagout
OSHA requires gases and welding distributors to develop, implement and enforce an energy control Lockout/Tagout program. By Thomas W. Eynon. -
OSHA Hazard Communication Standard
OSHA requires gases and welding distributors to develop, implement and enforce an energy control program. By Thomas W. Eynon. -
Keeping A Positive Safety Culture
Overview of the need for a positive, accident-free, safety culture in the welding and gases industry. By Thomas W. Eynon. -
Weak Seat Belt Enforcement Leads To More Deaths
Each employee who drives a vehicle, car or truck must be measured and held accountable to ensure he/she is wearing a seat belt and that every person in the vehicle is properly buckled up. By Thomas W. Eynon. -
Hand And Finger Injuries
GAWDA's Safety Committee recommendations to reduce hand and finger injuries. By Thomas W. Eynon. -
Managing Your Workers’ Compensation Costs
It's important to manage Workers' Compensation costs just as you manage all costs of doing business. By Thomas W. Eynon. -
Employee Risk Taking
Understanding risk, and how people respond to risk, can enhance your safety program. By Thomas W. Eynon.
Welding Fume Litigation
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Welding Fume Multidistrict Litigation Ends
GAWDA CONSULTANT CORNER JDF CORDINATING COUNSEL REPORT The victory may prove bittersweet. It’s officially over. The Judicial Panel on Multidistrict Litigation issued an order dissolving the Welding Fume MDL, based on the recommendation of Judge Kathleen O’Malley, who presided over the Welding Fume MDL since its formation in 2003. More than 12,000 welding fume lawsuits were consolidated [...] -
Montana Welder Files Suit Claiming Cancer Caused By Welding Fumes
My last column warned that welding manufacturers and distributors would likely see an increase in litigation claiming injuries relating to other components of welding fumes—with chromium being a particularly likely target. The warning proved timely. Shortly after the last issue was printed, a new suit was filed in Montana state court by a welder claiming [...] -
Global Settlement Reached In Welding Fume Litigation
Settlement resolves nearly all welding fume cases pending in state or federal courts. By Michael Degan, Esq. -
Welder Lawsuits For Asbestos-Related Injuries On The Rise
Lawyer-produced mesothelioma ads are now specifically targeting welders. By Michael Degan, Esq. -
Global Settlement Reached In Welding Fume Litigation
In a major win for the welding industry, settlement will practically end welding fume litigation as a mass tort. -
Welding Fume Litigation Out With A Whimper?
Not a single welding fume case went to trial in 2011. By Michael Degan -
Latest Plaintiff Verdict Appealed To Sixth Circuit
Welding fume plaintiffs are failing to persuade jurors and appellate court judges alike. By Michael Degan -
Plaintiff Shifts Welding Fume Strategy
As the industry continues to chalk up victories, and as evidence continues to mount that there is no credible evidence to support claims that exposure to manganese in welding fumes can cause serious neurological injury, case counts continue to drop. By Michael Degan. -
News Is Good, But Don’t Let Guard Down
Welding fume litigation trends remain positive for the industry, but new threats have emerged. By Michael Degan -
Now Is The Time To Revisit Coverage Options
Ensure that your business is adequately protected. By Michael Degan -
A Banner Year For Defendants
The welding industry won all three welding fume cases in 2010 and obtained reversals of two more, including the largest verdict in welding fume litigation. By Michael Degan. -
Industry Continues To Win Trials
The welding industry continues to win welding fume litigation cases in ever-increasing numbers. By Michael Degan. -
Trends, Trials And Appeals
Gases and Welding Distributors Association welding fume litigation counsel reviews the last year of legal issues regarding the industrial gas and welding industry. By Mike Degan. -
Distributors Should Not Let Guard Down
An update on welding fume litigation; welding rods. By Mike Degan -
Distributors Exposed To Asbestos Claims
Welding industry gets a big win in the first welding fume litigation trial in California. Plaintiff claimed he suffered injuries cause by welding fume exposure, but jury rejected claim. -
Industry Wins California Fume Trial
Welding industry gets a big win in the first welding fume litigation trial in California. Plaintiff claimed he suffered injuries cause by welding fume exposure, but jury rejected claim. By Michael Degan -
Recent Developments In Welding Fume Litigation
Mike Degan reports on the latest developments in welding fume litigation. By Michael Degan -
Game Over For The Litigation Lottery?
Game Over For The Litigation Lottery? By Michael Degan. -
Juries Split In Latest Round Of Welding Fume Trials
Court cases find juries primarily agreeing with defendants, but some plaintiffs are winning cases. By Mike Degan. -
Is It Time To Clean Out Your File Cabinets?
Holding onto business records for an indefinite period of time can put your business at risk. By Mike Degan. -
Despite Courtroom Successes, Fume Litigation Remains A Real Threat
Despite Courtroom Successes, Fume Litigation Remains A Real Threat. By Mike Degan. -
Product Safety Policies
One of the best defenses you can employ in your business is to adopt a safety-conscious attitude toward the products you sell. By Mike Degan. -
Industry Gains Momentum Defending Welding Fume Suits
As the welding industry continue to win welding fume cases, more and more plaintiffs are dropping suits. By Mike Degan. -
Manufacturer Indemnity Agreements: Should You Sign One?
Distributors should consider indemnity agreements to shield them from liability arising from welding fume litigation against consumables manufacturers. By Mike Degan. -
After Welding Fumes, What Next?
The gases and welding industry will always be a target of mass tort liability or ordinary defective product claims. Be prepared. By Michael Degan. -
Defending Your Business
Welding fume litigation poses a significant threat to your industry and businesses. Here are the steps you can take to defend your business. By Mike Degan. -
Settlement Not The End For Welding Fume Litigation
The settlement of the Charles Ruth case for a reported $1.5 million by defendants ESAB and Hobart Brothers does not mean that welding rod manufacturers or distributors are throwing in the towel. By Richard P. Schweitzer, Esq. -
Welding Fume Litigation Update
Much has happened in the industry with regards to welding fume litigation claims since Elam in 2003 and Clendenden last spring. By Laurie Waller. -
Distributors Beware: New Lawsuits Filed In Federal Court Name Distributors As Defendants
After attacking manufacturers in welding rod litigation, an enterprising Louisiana lawyer has followed the progression of other toxic tort litigations and has fired the first shots at distributors. By Donald J. Cayea, Esq., and Adam R. Bialek, Esq. -
How Should Your Company Respond To Welding Rod Claims?
Welding rod liability could develop into mass tort litigation because it presents many of the same factors that continue to drive asbestos litigation. By Richard W. Fields, Esq., Katherine J. Henry, Esq., & Joel A. Fischman, Esq.
