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December 14, 2016 | Vol. 66, No.25

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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)

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.

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.

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. 

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.”

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.

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.

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.

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


  • 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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© 2016
Petroleum Equipment Institute
P. O. Box 2380
Tulsa, OK 74101-2380

The TulsaLetter (ISSN 0193-9467) is published two or three times each month by the Petroleum Equipment Institute. Richard C. Long, Editor. Opinions expressed are the opinions of the Editor. Basic circulation confined to PEI members.