Creating workplaces where we all watch out for each other

Creating workplaces where we all watch out for each other

Should states be allowed to make their own rules for truckers’ meal and rest breaks?

Washington — The Federal Motor Carrier Safety Administration is asking for comments on petitions seeking to restore California’s and Washington state’s rules on meal and rest breaks for commercial truck and bus drivers.

The agency had preempted both states’ rules, which gave drivers at least 30 minutes of off-duty mealtime for every five hours of work and a 10-minute rest period for every four hours of work for drivers transporting property.

FMCSA requests input on:

  • Whether – and to what extent – enforcement of a state’s meal and rest break laws with respect to intrastate property-carrying and passenger-carrying commercial motor vehicle drivers has impacted the health and safety of drivers.
  • Whether enforcement of state meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will exacerbate existing truck parking shortages and result in more trucks parking on the side of the road, and whether any such effect will burden interstate commerce or create additional dangers to drivers and the public.
  • Whether enforcement of a state’s meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will dissuade carriers from operating in that state.
  • Whether enforcement of a state’s meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will weaken or otherwise impact the resiliency of the national supply chain.

In December 2018, FMCSA preempted California’s rules for property-carrying CMV drivers who are subject to hours-of-service regulations. The agency said the rules were incompatible with current federal HOS regulations and caused “a disruption in interstate commerce.” A little more than a year later, FMCSA granted a similar preemption petition for passenger-carrying CMV drivers in the state.

In November 2020, FMCSA granted a petition to preempt Washington state’s meal and rest break rules for property-carrying CMV drivers, determining that federal HOS regulations supersede the state’s rules.

The International Brotherhood of Teamsters, the Truck Safety Coalition, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, and William B. Trescott have petitioned FMCSA to reverse those decisions.

The American Trucking Associations, the Specialized Carriers and Rigging Association, the American Bus Association, and the Washington Trucking Associations submitted the original petitions for FMCSA preemption.

Comments are due Feb. 26.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Original article published by Safety+Health an NSC publication

California silica ETS takes effect December 29

Comes in response to silicosis epidemic among artificial stone fabrication workers

Photo: CDC

California issued an emergency temporary standard (ETS) on respirable crystalline silica that goes into effect December 29, 2023. The ETS comes in response to a silicosis epidemic among artificial stone fabrication workers in California and allows Cal/OSHA to quickly shut down an operation if work violates the ETS and endangers employees’ health.

It applies to general industry workers occupationally exposed to silica; it does not apply to construction, agricultural operations, or exposures that result from the processing of sorptive clays.

The ETS includes revisions to protect workers in high-exposure tasks such as grinding, cutting, polishing, and cleanup of artificial stone and natural stone containing more than 10 percent crystalline silica. Information published by Cal/OSHA defines artificial stone as “any reconstituted, artificial, synthetic, composite, engineered, or manufactured stone, porcelain, or quartz typically within a binding material. It contains more than 90 percent crystalline silica.”

The ETS makes changes to California Code of Regulations, Title 8, section 5204. Among the revisions are:

  • Additional employee exposure control precautions,
  • Expansion of the written exposure control plan,
  • Employee communication and training,
  • Respirator protection,
  • Employee exposure monitoring, and
  • Reporting silicosis and cancer cases.

Employers must implement section 5204, including all ETS requirements, in their workplaces if the work their employees perform meets the scope and application of that standard.


McCraren Compliance offers a full range of safety and health training and consulting services. Plus we can help you incorporate well-being into your traditional systems in order to support the Total Worker Health of your workforce.

Call 888-758-4757, email info@mccrarencompliance.com or visit our website www.mccrarencompliance.com

Original article published by J. J. Keller & Associates, Inc.

Get ready California drivers

Intrastate ELD use is required on January 1

In a few short weeks, intrastate drivers in California will be required to use electronic logging devices (ELDs). The California Highway Patrol (CHP) has issued a final rule, requiring ELD use by intrastate drivers on and after January 1, 2024.

The final rule requires the use of devices that meet the requirements in Part 395, Subpart B of the Federal Motor Carrier Safety Regulations (FMCSRs) by drivers who currently use paper records of duty status to record their hours of service. It also requires that drivers be trained in the proper operation of these devices.

Drivers using an ELD must have a unique user account, assigned by the motor carrier. All entries related to the record of duty status must be entered and certified by the driver.

Exceptions

There are exceptions to the ELD requirement for:

  • A driver operating a commercial motor vehicle in a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period;
  • A driver involved in a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered;
  • A vehicle manufactured before model year 2000, as reflected in the vehicle identification number (VIN) and as shown on the vehicle’s registration; and
  • A motor carrier, driver, or vehicle subject to federal regulatory guidance, a waiver, or an exemption issued by the Federal Motor

Carrier Safety Administration (FMCSA) which specifically exempts the use of an ELD.

Drivers who fall under one of the above exceptions must manually record their hours of service, using a paper logbook, automatic on-board recording device, or electronic logging software.

No changes to limits

While the final rule requires the use of ELDs for most intrastate drivers in California, CHP did not make any changes to the intrastate hours-of-service limits (on-duty, driving, and off-duty time) or applicability (who must comply).


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Original article published by J. J. Keller & Associates, Inc.

California Highway Patrol wants ELD requirement for intrastate truckers

Original article published by Safety+Health

Photo: Department of Transportation Flickr

Sacramento, CA — In an effort to “enhance commercial vehicle safety” and “create consistency between state and federal regulations,” the California Highway Patrol is proposing the state adopt regulations requiring the use of electronic logging devices for commercial motor vehicle carriers involved in intrastate operations.

CHP recently submitted to the California Office of Administrative Law an initial statement of reasons, contending the proposal would bolster safety by “improving compliance with the applicable hours-of-service rules and reducing the overall paperwork burden for both motor carriers and drivers.”

California regulations don’t require an ELD to record a driver’s record-of-duty status. The proposal would largely be consistent with federal ELD regulations promulgated by the Federal Motor Carrier Safety Administration, CHP says.

Exemptions would include:

  • Drivers operating under California’s 100 air-mile radius exemption
  • Drivers operating a CMV manufactured before 2000
  • Drivers operating a CMV in a driveaway-towaway operation
  • Drivers not operating more than eight days within any 30-day period
  • Authorized emergency vehicles

The deadline to comment on the proposal is Dec. 19.

Federal ELD regulations were under review for possible changes this fall. That public comment period closed Nov. 15.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.