September 13, 2021
In Brief
In this edition of the Monday Morning Messenger, TPGA updates you on a new mandate coming from the Biden administration and how some employers may be exempt.

Secondly, the FMCSA has issued a medical card waiver limited to those CDL holders that have cards that expired on or after June 1, 2021, read more about the waiver renewal in this edition of the Messenger.

Fall is right around the corner. How's your supply planning going? In the third story of the morning, we highlight a printable resource that the National Propane Gas Association's Supply & Logistics Committee has created to help propane companies prep for winter.

As continue to prepare for the heating season, TPGA highlights how instrumental post-trip inspections can be to ensure you have an operational fleet each day. The brief also covers the regulatory requirements of these inspections.

Lastly, find our Quick Links section to access the FMCSA hours of service exemption if you are providing any Hurricane Ida relief, our compliance store, propane appliance rebates, and PERC's FREE online training center.
In this issue

  • In Brief
  • OSHA Vaccine Mandate
  • CDL Medical Card Waiver
  • Supply Prep Checklist
  • Post Trip Inspections
  • Quick Links
Employers Under 100 Employees
To Be Exempt from
New OSHA Vaccine Mandate
At the direction of the Biden Administration, the U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work.

This requirement will impact over 80 million workers in private sector businesses with 100+ employees.

Since OSHA oversees workplace safety, experts state their regulatory authority extends to vaccine mandates.

"The clock for private-sector workers doesn't start ticking until the Department of Labor actually issues its rule, expected in coming weeks. After that, they are likely to have a period of 50 to 90 days to comply," Reuters reports.

Employers will be required to give paid time off for employees to get vaccinated.

According to the Texas Tribune, businesses that ignore the policy, once it’s in place, could trigger penalties of up to $14,000 per violation, according to a senior Biden administration official.

TPGA will keep our members updated on this mandate as it is drafted and when it goes into effect as well as any compliance threshold changes.
FMCSA CDL Medical Card
Waiver Issued for Cards Expired on or After June 1, 2021
CDL Medical Certificate or federal variances that expire on or after June 01, 2021, will remain certified until November 30, 2021, with a newly issued waiver.

On December 01, 2021, the license will become not certified, if an updated medical certificate or federal variance is not received. If a medical certificate or federal variance is not received within 60 days after the not certified status, a CDL downgrade will occur.

If your medical certificate expired on or after March 01, 2021, but before June 01, 2021, the waiver expired on August 31, 2021.

Drivers who have an updated medical certificate may still submit it to the department by email CDLMedCert@dps.texas.gov or by fax 512-424-2002.
Propane Retailer Supply Prep
Checklist
The National Propane Gas Association (NPGA) NPGA’s Supply & Logistics Committee publishes technical support for members on seasonal preparation, best practices, and supply inventory trends.

They have developed a checklist to help prepare you for the upcoming heating season.
The Importance of
Post Trip Inspections
DOT regulation (49 CFR 396.11) requires a Driver Vehicle Inspection Report (DVIR) to be filled out for each vehicle at the end of the workday except for motor carriers operating only one commercial motor vehicle is exempt from this requirement.

According to a recent article in Fleet Owner magazine, post-trip inspections are often not considered as important as pre-trip inspections to some; however, they are just as vital. Because the condition of your vehicle may change during the day, it is important to inspect it immediately after a driver completes their route at the end of the day. This way, if you find a problem, there is a better chance of obtaining timely repairs and minimizing schedule disruptions.

The report must identify the vehicle and list any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. 

Corrective action. Before requiring or permitting a driver to operate a vehicle, every motor carrier shall repair any defect or deficiency listed on the driver vehicle inspection report, which would likely affect the safety of the vehicle's operation.

The retention period for reports.  Every motor carrier shall maintain the driver vehicle inspection report, the certification of repairs, and the certification of the driver's review for three months from the date the written report was prepared.
Quick Links
FMCSA EMERGENCY
DECLARATION
HURRICANE IDA
PROPANE SERVICE CORP
YOUR ONE-STOP FOR
PROPANE COMPLIANCE ITEMS
PROPANE FURNACE & WATER HEATER REBATES ARE AVAILABLE FOR TEXANS
PERC ONLINE
PROPANE TRAINING CENTER
ACCESS FREE TRAINING