Transportation

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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 Adam R. Young, Bradley D. Doucette, Bailey G. Green, and Craig B. Simonsen

Seyfarth Synopsis: According to the Centers for Disease Control and Prevention (CDC), drowsy driving is not just a major problem in the United States, it is a public health crisis. “Drowsy driving is the dangerous combination of driving and sleepiness or fatigue. …
Continue Reading Enter Sandman: Sleep and Occupational Safety at the Wheel

By Benjamin D. Briggs, James L. Curtis, Adam 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. Clark, Ilana 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. Clark, Adam 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