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Sample Questions
Q. How long should we retain forklift daily inspection forms?
A. OSHA does not require documenting pre-shift forklift inspections, so there’s no retention period, but documenting is a good idea to prove you’re doing them. OSHA can only issue citations within six months of a violation, so keeping the forms for at least six months is a best practice.
Q. If we cross a state line, can we still use the 150 air-mile radius exemption?
A. Yes. Since the Federal Motor Carrier Safety Regulations apply to interstate commerce, crossing a state line does not affect the use of the 150 air-mile radius exceptions in §395.1(e). If you are operating in intrastate commerce and following state-specific hours-of-service regulations, crossing the state line places you under federal regulations.
Q. If workers’ compensation denies a claim, can we remove it from the OSHA 300 Log?
A. Possibly. An injury might be denied workers’ compensation if it was not primarily caused by the job. However, it could still be work-related and recordable under OSHA’s definition, which requires only a discernible contribution from events at work. For example, if a pre-existing non-work condition gets aggravated on the job, workers’ compensation may deny the claim, but it would still be work-related for the 300 Log.
Q. Who can provide entry-level driver training?
A. Both the theory and behind-the-wheel training must be provided by an entity listed on FMCSA’s Training Provider Registry (TPR). Most entities listed in the TPR will be truck driver training schools and motor carriers that have schools to train their own drivers.
Q. I have a driver who drives four mornings per week within a 150-mile radius; however, on his fifth day, he has to drive an interstate run that is 590 miles round-trip. He claims state patrol told him he doesn't have to log the interstate trip either, since it is only one time per week. Can you please shed some light on this?
A. Your driver would have to use a standard log for that trip. The state patrol may have been referring to an exception from needing an ELD. A driver does not need to use an ELD if he/she only needs to use logs 8 times or less in any 30 days, or roughly twice per week or less (see 49 CFR 395.8(a)). However, a driver who is unable to meet the terms of the 150-air-mile exception (as found in 49 CFR 395.1(e)), such as by traveling beyond about 172 miles (150 air miles) from home base, must use a standard log on that day. There are no exceptions to that.
Q. Regarding the ELDT mandate, if a carrier desires to hire a driver who received their CDL post-February 7, 2022, does that carrier have to check the registry to ensure the school is listed? I would think that the state that issued the CDL, or an endorsement, would have done this prior to issuing the CDL or granting the endorsement in the first place. Thoughts?
A. No, you do not have to check the Training Provider Registry (TPR) to confirm that the CDL holder completed entry-level driver training (ELDT). Under the ELDT rules, a driver cannot take the CDL or endorsement skills test (conducted/administered by the state driver licensing agency) until the training provider submits (via the TPR) confirmation that the driver completed ELDT.


