Here at the QuickTSI blog team, we pride ourselves on providing you, our readers, with relevant, up-to-date information regarding what is going on in our industry. And with the COVID-19 pandemic not showing any signs of slowing, information pertinent to your business has been flowing in at a breakneck pace. We want to help you keep up with these updates.
So, what’s the latest?
New Waiver Issued
Guidance issued by the FMCSA on March 24 included a limited waiver for truckers whose commercial licenses, permits, and/or medical cards have expired. The waiver is immediate and is valid through June 30, 2020. The waiver was issued in response to state motor vehicle departments and medical clinics closing due to the COVID-19 outbreak. This has made it difficult for truck drivers to get the licenses, permits, and medical cards they need.
It is important to note, however, that the waiver is not a blanket exception to licensing and medical card requirements. Commercial motor vehicle drivers must still have been deemed fit to operate a CMV by a certified medical examiner. The waiver instead merely extends to June 30 any expiration dates that are set to land between March 1 and June 30.
If you meet the following criteria, however, the waiver does not apply to you:
- Your licensed expired prior to March 1.
- Your driving privileges have been suspended or revoked.
- You never received an initial medical certification.
- You have developed a disqualifying medical condition since your last medical examination.
- You have an expiring medical card that was valid for a period of fewer than 90 days.
For those that do fall under the waiver, the FMCSA has issued a notice stating it will not take enforcement action against truck drivers and fleets that are covered under the new waiver. It is also important to note that the FMCSA’s enforcement notice does not preclude specific states from enforcing their own rules. Fleets and truck drivers need to make sure they are staying up to date on the federal and state regulations.
For what it’s worth, the American Trucking Associations (ATA) thanked the FMCSA for taking this action, issuing a press release stating that “while America’s truck drivers are out delivering the essential medical supplies, food and other goods we need to combat this virus, FMCSA has taken an important step to let drivers and carriers know how to address things like expired commercial drivers’ licenses or medical cards. With state governments moving to remote work and shuttering offices, drivers will need assistance to continue moving critical goods safely, and today’s guidance is a step toward ensuring those trucks keep moving.”
This is in addition to changes to how the FMCSA is regulating hours of service. Yet, not every regulation governed by the FMCSA will be waived or extended due to the Coronavirus outbreak. The drug and alcohol testing clearinghouse, for instance, carries on without interruption
Drug and Alcohol Testing Compliance
The problem is that some motor carriers and truck drivers may face challenges in complying with the drug and alcohol testing regulations. The thing is, the DOT has come out saying that there is little leeway when it comes to drug and alcohol testing. Motor carriers still need to conduct a pre-employment drug test before allowing any truck drivers to operate a commercial motor vehicle.
Still, the FMCSA did state that it understands there will be problems in certain places with compliance. The main reasons they cite are a lack of:
- Program resources
- Collection sites
- Breath-alcohol technicians
- Medical review officers
- Substance abuse professionals
Companies are expected to make a reasonable effort to locate the resources required to carry out drug and alcohol testing. There are mobile collection sites in areas where fixed facilities are not available. The important thing is for motor carriers to properly document why a test was not completed. And it could be more than supply shortages. Fleets are dealing with facility closures and quarantine requirements.
If a motor carrier can conduct training or testing later, in accordance with the law, they should. According to FMCSR 382.305(k)(2), random testing must be conducted throughout the year. Conversely, according to FMCSR 382.305(i)(3), each truck driver selected for a random alcohol or drug test must be tested during the assigned testing period.
In cases where a trucking company cannot conduct a test due to a lack of resources, they may not permit the individual to get behind the wheel of a truck. Motor carriers cannot simply put people in the cab if they do not have a negative pre-employment result.
Concerns Remain
There have been some concerns among truck drivers that there risks associated with taking the test in this environment. Fortunately, the FMCSA advises trucking companies to review the requirements specific to their state regarding testing later. It will be incumbent on the employer or owner-operator to properly evaluate and act on the circumstances around why a test cannot be conducted.
Yet, since the COVID-19 outbreak poses such a unique health risk, employers are told they can make judgement calls when dealing with employees who are not comfortable going to clinics or collection sites. Many clinics and collection sites have taken specific measures to minimize the risk of exposure to those coming in for tests.
Fleets should have plans in place to ensure necessary policies and procedures are followed even during the outbreak. Some plan factors to consider include:
- Collector availability
- Collection site availability
- Alternate/back-up MRO
- Service agent availability
The fact is, even with other trucking regulations undergoing changes or regulation shifts, the drug and alcohol clearinghouse and testing regulations remain firmly in place. It is important trucking companies continue to abide by them.
OEMs Shutting Down
As with many other vehicle manufacturing operations, trucking OEMs and suppliers are temporarily idling production facilities both across the nation and overseas. Already, General Motors, FiatChrysler and Ford have all shuttered their operations. The same goes for many overseas carmakers. With shelter-in-place orders in place for many municipalities where these products are manufactured, people simply cannot come in to get the job done.
Although manufacturers have come out saying they do not believe they have cases of the virus at their facilities, they are suspending production to slow the spread of the virus within the communities they operate in. Many are also monitoring the situation and exploring ways to allow things to get done within the current situation.
Some OEMs are being designated as required help zones. Daimler, for example, is a designated equipment manufacturer within nation’s listed Critical Manufacturing Sector. We could see the day that big rig manufactories are used instead to help create ventilators and other equipment necessary to help combat the virus.
And even though many trucking companies are not actively sending procurement people to dealerships, the trucking industry is more important than ever in this crisis.
Is This the New Normal?
With just under a quarter of the population under stay-at-home orders, suddenly habits are changing. Imagine all the families that are now cooking a lot more. The fact is household budgets are definitely going to shift. You will see consumers go from spending money on movies and recreation to things like, yes, toilet paper and groceries.
Take refrigerated fleets as one example of how the game has become upended. Demand for such fleet services are spiking, with multiple recovery-type orders hitting fleets every day. With grocery stores moving through inventory so quickly, a functional supply chain has never been more important. And even though a lot of retail locations are closing, operations like Amazon and other online outlets are seeing massive growth.
Amazon, for example, has announced it is hiring another 100,000 people. Walmart is adding 150,000 through the end of May. Unfortunately, with historic unemployment numbers in the millions, these additions are drops in the bucket. But they do shine a light on how this crisis is pending the norms and changing the way people shop and do business.
As supply chains rejigger themselves to account for this change, trucking companies will need to innovate to stay ahead of the curve. While these are tough times for many trucking companies and owner operators, others are finding ways to get by and, in some cases, even increase business.
The question now is: Will there be a recession? Well, many economists say we are already in one, the numbers have just not come out yet. So, where will trucking be after the crisis passes? If consumer spending remains depressed, trucking may find itself short of a lot of work. At this point, only time will tell.
from Quick Transport Solutions Trucking Blog https://ift.tt/35qyovn
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