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By Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration (FMCSA), an agency of the Department of Transportation (DOT), today published a notice of proposed rulemaking (NPRM) (FMCSA–2022–0028), that would maintain non-emergency hours of service requirements during labor strikes and other economic emergencies.

FMCSA regulations have strict Hours…

Continue Reading FMCSA Moves to Tighten Hours of Service Requirements During Economic Emergencies

By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  The Federal Motor Carrier Safety Administration (FMCSA) recently rolled out Our Roads, Our Safety, a national safety campaign to raise awareness about sharing the road safely with large trucks and buses. 

The Agency noted that “trucks and buses are…
Continue Reading U.S. DOT FMCSA Update on Distracted Driving

By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.”  The session was presented by Karen Puckett, the Director …
Continue Reading National Safety Council Congress Session on Driving Safety – The Missing Link in Your Company Safety and Health Management Systems

By Mark A. Lies, II,  Brent I. Clark, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis:  OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing;  “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. §1904.35(b)(1)(iv).”

We previously …
Continue Reading OSHA Clarifies Position on Lawful Post-Incident Drug Testing and Reverses Course on Safety Incentive Programs

By Frederick T. Smith, Jennifer L. Mora, and Christopher W. Kelleher

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel.

The Department of Transportation (DOT) has published its long-awaited final rule amending its drug testing program for DOT-regulated…
Continue Reading DOT Amends Employee Drug Testing Requirements

By Brent I. Clark, Kay R. Bonza, and Craig B. Simonsen

iStock_000021314720_MediumSeyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea.

We had previously blogged about the U.S. Department of Transportation’s Advance Notice of Proposed Rulemaking on the “Evaluation of…
Continue Reading Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen

iStock_000021314720_MediumThe U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals occupying “safety sensitive positions”…
Continue Reading DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

By Brent I. Clark,  Erin Dougherty Foley, and Craig B. Simonsen

By Proclamation, President Obama has declared December 2015, to be “National Impaired Driving Prevention Month.” 80 Fed. Reg. 75781 (December 3, 2015).

The President declares that “no person should suffer the tragedy of losing someone as a result of drunk, drugged, or distracted driving….” He notes that…
Continue Reading President Declares “National Impaired Driving Prevention Month”

By Andrew H. Perellis, Ilana R. Morady, and Craig B. Simonsen

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has adopted, retroactively, amendments to the Hazardous Materials Regulations (HMRs) to maintain alignment with international standards by incorporating changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.
Continue Reading DOT “Harmonization” with International Hazardous Materials Standards

By Ilana R. Morady

The Federal Motor Carrier Safety Administration (FMCSA), the Department of Transportation (DOT) agency that regulates commercial motor vehicles, is increasing its attention on passenger carriers. Earlier this year, FMCSA Administrator Anne Ferro announced a targeted safety crackdown on motorcoach companies. The agency will be using specially trained investigative teams and coordinating with state law enforcement to …

Continue Reading New DOT Initiative Targets Motorcoach Industry