By Benjamin D. Briggs, James L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has issued a COVID-19 guidance for package delivery employers. OSHA offers recommendations to help reduce employees’ risk of exposure to the coronavirus, including administrative controls, hygiene measures, face coverings, and social distancing.

OSHA had previously released a Guidance
Continue Reading OSHA Issues COVID-19 Guidance for Package Delivery Employers

By Jennifer L. Mora

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of tetrahydrocannabinol (THC), an amount generally viewed to be sufficient to produce a psychoactive
Continue Reading Department of Transportation Cautions Employers About CBD Use By Regulated Workers

By Benjamin D. Briggs, Brent I. ClarkIlana R. Morady and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published this week a notice of proposed rulemaking (NPRM) on changes to “hours of service” (HOS) rules to “increase safety on America’s roadways.”  The proposal, if adopted, would update existing
Continue Reading DOT Publishes Proposed Changes to Hours of Service Regulations for Commercial Motor Vehicle Drivers

By Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its Behind the Wheel at Work Newsletter with the “latest news from the NIOSH Center for Motor Vehicle Safety.”   

We have blogged previously that NIOSH, in its Science Blog, has related that
Continue Reading NIOSH Releases Behind the Wheel at Work Newsletter on Motor Vehicle Safety

By Brent I. Clark and Craig B. Simonsen

Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its results from a study conducted in 2016 and 2017 that looked at safety programs developed to prevent motor vehicle crashes.

The study included four focus groups conducted with thirty-three managers of employees that drive for work. The
Continue Reading Drive Much? NIOSH Focus on Workplace Safety for Employees Who Drive for Their Job

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, James L. Curtis, and Craig B. Simonsen

Welder on a construction site.Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations.

The Federal Railroad Administration (FRA) has just issued its Safety Advisory 2016–02 (November 28, 2016). The
Continue Reading FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

By Benjamin D. Briggs, Adam R. Young, and Craig B. Simonsen

shutterstock_150166427Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to operate a vehicle in unsafe conditions.

The Tenth Circuit Court of Appeals
Continue Reading Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

shutterstock_39448051Seyfarth Synopsis: For companies in the freight industry, if sustainability is important at your company or to its board of directors, then you may wish to investigate the EPA’s updated Smartway program, with its new resources and tools.

The U.S. Environmental Protection Agency’s SmartWay program has recently
Continue Reading EPA Updates and Republishes SmartWay Freight Transportation Sustainability Program

By Jeryl L. Olson, Ilana R. Morady, Patrick D. Joyce, Philip L. Comella, and Craig B. Simonsen

shutterstock_30524071The Pipeline and Hazardous Materials Safety Administration (PHMSA) just announced that it has amended the Hazardous Materials Regulations (HMR). 81 Fed. Reg. 18527 (March 31, 2016).

It has done so by adopting its proposed regulatory amendments applicable to the reverse
Continue Reading DOT Publishes Final Rule on “Safe Reverse Logistics” for Retail “Returns” of Hazardous Materials to Distribution Centers