Total Articles: 8
Transportation Companies Must Plan for and Implement Changes for 2013 to Comply with New Hours of Service Rules
The Federal Motor Carrier Safety Administration (FMCSA) recently published a final rule establishing new Hours of Service (HOS) regulations for commercial motor vehicles (CMV). The 2011 final rule—which was preceded by years of litigation—institutes a new 30-minute rest break requirement for drivers, mandates that the 34-hour restart provision include two off-duty periods between 1:00 a.m. and 5:00 a.m., and revises the definition of on-duty time. The final rule also establishes penalties for egregious violations of the HOS regulations and revises log book requirements for drivers involved in oilfield operations.
Transportation Companies Must Plan for and Implement Changes for 2013 to Comply with New Hours of Service Rules
The Federal Motor Carrier Safety Administration (FMCSA) recently published a final rule establishing new Hours of Service (HOS) regulations for commercial motor vehicles (CMV). The 2011 final rule—which was preceded by years of litigation—institutes a new 30-minute rest break requirement for drivers, mandates that the 34-hour restart provision include two off-duty periods between 1:00 a.m. and 5:00 a.m., and revises the definition of on-duty time. The final rule also establishes penalties for egregious violations of the HOS regulations and revises log book requirements for drivers involved in oilfield operations.
EEOC Releases and Seeks Comment on Draft Strategic Plan
The U.S. Equal Employment Opportunity Commission (EEOC) has issued a draft copy of its Strategic Plan for fiscal years 2012-2012, and is soliciting public comment before the five-year plan is finalized. The Congressionally-required strategic plan outlines the agency’s goals for enforcing the various anti-discrimination laws under its jurisdiction, as well as its mission to carry out education and outreach efforts. The document discusses 13 performance benchmarks that it will use to measure how well the agency achieves its three main performance goals of (1) combating employment discrimination through strategic law enforcement; (2) preventing employment discrimination through education and outreach; and (3) delivering excellent service through effective systems, updated technology, and a skilled and diverse workforce. According to the EEOC, the revised plan “requires significant changes in the agency’s approach to fulfilling its mission. As a result, during the first 1-2 years of the plan, the agency will establish new baselines so that it can finalize the milestones and targets for its measures.”
New Rule Restricting Cell Phone Use by CMV Drivers
Executive Summary: On January 3, 2012, the Federal Motor Carrier Safety Administration's (FMCSA) final rule will go into effect specifically prohibiting Commercial Motor Vehicle (CMV) drivers from using hand-held cell phones while operating their vehicles. Through the Pipeline and Hazardous Materials Safety Administration (PHSA), drivers hauling hazardous materials within a state are also included in the ban.
FMCSA Issues Final Rule Revising Truck Driver Hours of Service Regulations
A day after the Department of Transportation issued final flight duty and rest requirements for commercial passenger airline pilots, the DOT’s Federal Motor Carrier Safety Administration (FMCSA) on December 22 released a final rule (pdf) establishing new hours of service (HOS) regulations for commercial truck drivers. Like the pilot rest rule, the truck driver HOS regulations were revised to combat fatigue-related accidents.
Final Rule Prohibits Bus and Truck Drivers from Using Cellphones
The Department of Transportation has issued a final rule banning the use of hand-held cell phones by interstate truck and bus drivers while the vehicles are in operation in order to combat distracted driving.
New U.S. Department of Transportation Chain of Custody Form Must Be Used Beginning December 1, 2011
Under the U.S. Department of Transportation’s drug testing regulations, 49 CFR Part 40, all urine specimens must be collected using the federal Custody and Control Form (“CCF”) promulgated by the U.S. Department of Health and Human Services. The CCF was revised in 2010. Use of the new CCF becomes mandatory for motor carriers subject to the DOT drug and alcohol testing regulations on December 1, 2011. Although employers may use the old CCF until November 30, 2011, laboratories must treat the use of the old form as a correctable flaw.
New Federal Drug-Testing Custody-and-Control Form Announced
The Department of Transportation (DOT) has issued an Interim Final Rule (IFR) providing instructions for the new Department of Health and Human Services (HHS) Federal Drug-Testing Custody-and-Control Form (CCF).
