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August
10, 2004
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The PTDI Advantage Newsletter – We Need Your Feedback!
The PTDI Advantage Newsletter began circulation over six months ago and now we need your feedback. Please take some time to think about the following questions and e-mail your answers, comments or responses back to acirucci@truckload.org so we may best suit your needs:
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Your feedback is crucial in ensuring PTDI is communicating with you in a valuable way. Please take a moment to send us your feedback at acirucci@truckload.org. Top
Highway Bill Funding Extended Again, Final Bill Could Take Over One Year
On July 31 funding for federal highway programs was extended through September 24, 2004 , and funding for federal transit, highway safety and motor carrier safety programs was extended through September 30, 2004 . Furthermore, a statement from the House Transportation Committee indicated that the latest extension – the fifth such – would continue funding for these aforementioned programs at the levels approved in the prior budget. This latest extension means that funding has now been continued for an entire year since the original $218 billion TEA-21 legislation expired on September 30, 2003.
You will recall as we reported in a prior edition of the Truckload Carrier Report that on July 20, Senator James Inhofe (R-OK), Chairman of the Environment and Public Works Committee, called upon the House and Senate conferees to consider a proposal to “bridge the gap” between House and Senate numbers during a meeting of the conference that morning. Depsite Inhofe's attempts, the House and Senate sides have yet to come to an agreement on a number of issues, including the all-important overall funding level of the bill. The latest extension approved was necessary because the members of Congress were about to leave on a 40 to 45-day recess up through September 7, 2004, and the sides will not be convening again until that date. If an agreement is not reached during these discussions following the recess, there has been some talk of signing yet another extension which may be “up to one year” in length, taking us well past the November Presidential Elections. TCA will keep you posted on all developments as they occur. For further questions please contact Rich Clemente at (703) 838-8847 or by email: rclemente@truckload.org .
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FMCSA Blood Pressure Guidelines Effective in Sept., Industry Raises Concerns
Truck drivers with high blood pressure could face the loss of their ability to operate a commercial motor vehicle (CMV) under new regulations that become effective September 30, 2004 . By way of review, on September 30, 2003, the Federal Motor Carrier Safety Administration (FMCSA) issued a Final Rule that somewhat “slipped under the radar screen,” (as it was issued without the usual public notice and comment period) which included a number of minor technical changes to the Federal regulations to improve clarity and consistency. Part of this rulemaking involved the FMCSA's “new” rules on the blood pressure guidelines, which were spelled out in the agency's Cardiovascular Medical Advisory Panel report (adopted in October 2002). Key points of these new guidelines are as follows:
• Truck drivers with a blood pressure (BP) reading of less than 140/90 can be medically certified;
• Truck drivers whose BP runs between 140/90 and 159/99 – diagnosed as Stage 1 – can get a one-year certification, but require a DOT certification exam each year thereafter;
• Truck drivers with BP readings between 160/100 and 179/109 – labeled as Stage 2—will be certified for a period of only three months, and must seek assistance from their doctors to lower the reading. If the driver seeks treatment and brings their BP reading back below 140/90, they can acquire a one-year certification, but again must be re-certified every year thereafter.
• Truck drivers whose BP is over 180/110 are medically disqualified. At that particular level – diagnosed as Stage 3 – drivers must seek treatment and bring their BP down to 140/90 or less to receive a six-month certification, but then must seek re-certification every six months.
Earlier this year in May, ATA, after gathering additional facts on this issue, met with the FMCSA officials to discuss concerns with the new guidelines, and their potential impact on the industry. After discussing their procedural and substantive concerns with the agency on this issue, ATA suggested the possibility of the FMCSA either rescinding the new hypertension guidelines or delaying their implementation until they undergo a review by a medical advisory board. While the agency did not agree to either of these requests, they did offer assistance in two important areas. They suggested that their attorneys could examine more closely the procedural concerns to determine whether the new hypertension thresholds should have been subjected to notice and comment rulemaking rather than being changed through a “technical amendment.” Secondly, the FMCSA stated that they would consider developing a “guidance document” describing under what conditions a driver with a one-year certification card may be released from the “one-year certification cycle” and be certified for the standard two-year period.
As there remains only two months before mandatory use of the new medical examination forms with these new guidelines, ATA forwarded a recent letter requesting the FMCSA to address the two issues mentioned above. We will keep you posted on further developments on this issue, and a copy of the actual September 30, 2003 Federal Register notice is available through the TCA website by clicking here. If you have any questions or comments, please contact Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org .
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New Workplace Safety Bill Includes Incentives for Compliance, Penalties for Offenders
Senator Mike Enzi (R-WY) recently introduced the new Safety Advancement for Employees (SAFE) Act of 2004 (S. 2719). Enzi who chairs the Subcommittee on Employment, Safety and Training believes that OSHA could do more to help the vast majority of good faith employers who want to achieve compliance with safety laws, and prevention is the key aspect of the SAFE Act. Enzi also believes that a system that encourages good-faith employers to find out how to achieve safety voluntarily is paramount to prevention.
The third party consultation provision in the bill provides a program for employers to voluntarily enlist the help of highly trained, OSHA certified, safety and health professionals to create safe and healthy work sites for employees. Employers that fully utilize the program and comply with safety laws will be awarded a certificate of compliance. This certificate will exempt the owner from any civil penalties for a period of one year while allowing OSHA to inspect work sites at OSHA's discretion.
Enzi's SAFE Act also calls for improvements to chemical hazard communication in the workplace. The SAFE Act would require OSHA to develop and post sample models of material safety data sheets on its website for the most highly hazardous chemicals, therefore, offering workers and businesses greater access to clear and accurate hazard information. In addition, the SAFE Act also contains increased criminal penalties for the worst workplace safety offenders.
For information on the bills other key provisions, or if you have any questions, please contact Rich Clemente at (703) 838-8847 or email: rclemente@truckload.org .
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