FMCSA to Hold Listening and Online Sessions on Proposed Change to Hours of Service Requirements

The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced that it will hold a public listening session to solicit comments and information on its recently-proposed rule to amend the hours of service requirements for drivers of property-carrying commercial motor vehicles (CMVs). The session will be held on February 17, 2011 from 10:00 a.m. until 5:00 p.m. EST at the Crowne Plaza Washington National Airport, 1480 Crystal Drive, Arlington, VA 22202. The session will end sooner if all participants who intend to provide input have done so. In conjunction with this listening session, the FMCSA will hold an online comment and question forum. The agency will post information on how to participate online and via telephone here.

According to the summary to be published in Monday’s edition of the Federal Register, the FMCSA seeks information as to what factors, issues, and data it should consider as it analyzes responses to its proposed rule. A list of specific questions the agency seeks responses to can be found in the Federal Register notice
 

FMCSA Targets Commercial Bus and Truck Drivers and Carriers that Violate Drug and Alcohol Rules

Seventy-seven bus and truck drivers are banned from operating commercial motor vehicles and 84 commercial carriers face enforcement charges as a result of the Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) first national drug and alcohol strike force. During a 10-day period in September, FMCSA safety investigators examined the drug and alcohol safety records of commercial drivers employed by bus companies, including school bus drivers, interstate passenger carriers, hazardous material transporters and general freight long-haul trucking companies. This enforcement action is the first time that the FMCSA has ever proactively looked for operators and drivers that violate the agency’s drug and alcohol regulations.

In a DOT press release, U.S. Transportation Secretary Ray LaHood said: “Violators of our drug and alcohol policies have no business driving a commercial vehicle. Programs like the drug and alcohol strike force are helping remove the most dangerous offenders from our roadways.” As a result of the strike force, the cited commercial drivers face civil penalties in addition to being prevented from operating commercial vehicles. The targeted employers are subject to charges that they unlawfully used a driver that has tested positive for illegal drugs and for not instituting a drug and alcohol program, among other violations. According to the FMCSA, among the goals of the strike force is to “identify motor carriers in violation of federal drug and alcohol testing requirements and to remove from the road commercial truck and bus drivers who jump from carrier to carrier to try and evade federal drug and alcohol testing and reporting requirements.”

DOT Regulation on Observed Return-to-Work and Follow-Up Drug Testing Goes into Effect August 31, 2009

After a lengthy public comment period and legal challenges, a U.S. Department of Transportation (DOT) drug testing regulation requiring employees of aviation, railroad, motor carrier, mass transit, pipeline and maritime industries who previously failed a drug test to partially disrobe and be directly observed during return-to-work and follow-up tests will go into effect August 31, 2009.  Continue reading at Littler's Workplace Privacy Counsel blog.