Keeping Up With OSHA Recordkeeping Rule’s Impact on Drug Testing and Safety Incentive Programs?

You may have heard rumblings about how the updated OSHA 300 log standard will affect post-accident drug testing and safety incentive programs. Some are saying the rule makes post-accident drug testing and safety incentive programs illegal.

That is not entirely true. A drug-testing program done properly, fairly, and in a non-discriminatory and non-retaliatory way, should pass the anti-retaliatory provisions of the rule. Safety incentive programs that focus on rewarding desirable safe behaviors and safety activities rather than not having accidents are still encouraged. Furthermore, post-accident drug testing required by other state and federal rules, such as DOT standards, is still required.

The new section was initially slated to go into effect on August 10, 2016, but OSHA has delayed the effective date to November 1, 2016. OSHA has also indicated that further guidance on post-accident drug testing and safety incentive programs will come.

By leasing employees with PRO SOURCE, you can escape the liabilities that come with these new OSHA regulations – PRO SOURCE protects you to ensure that any post-accident-drug-testing and safety-incentive programs are fully compliant with OSHA requirements.

EPA and NHTSA TARGETS FOR IMPROVED FUEL ECONOMY

The EPA and the National Highway Traffic Safety Administration are targeting 24 percent in added reduction of carbon dioxide emissions and fuel consumption for school buses and other medium- and heavy-duty vehicles over the next decade with new Phase 2 rules to cut greenhouse gases and improve fuel economy.

The new standards published Tuesday are part of President Obama’s Climate Action Plan to cut more than 1 billion tons of CO2 over the life of the vehicles and save 2 billion barrels of oil consumed. Rather than blanket regulations for all types of vehicles, as was the case with phase 1 rule for 2014-2018 vehicles, the latest regulations are vehicle specific.

EPA said payback of additional vehicle purchase costs from fuel savings is estimated at about four years for vocational vehicles, which include school buses. EPA added that this category of vehicles represents approximately 17 percent of the fuel consumption and GHG emissions from all medium- and heavy-duty vehicles.

YOUR INDEPENDENT CONTRACTOR DRIVERS MAY COST YOU

A recent state’s Superior Court ruling upheld the state’s Labor Commissioner’s decision that drivers working for JOHN DOE TRUCKING (not its real name) were not independent contractors but company employees. 

The owner of JOHN DOE TRUCKING claimed the decision was “very, very unfair”. 

This did not stop the court from requiring JOHN DOE TRUCKING to pay violation costs of over $100,000 despite their claim that drivers had signed agreements declaring themselves independent contractors.

The case originated from wage claims filed by four drivers with the Labor Commissioner’s office. The drivers claimed unreimbursed business expenses and unlawful deductions, including weekly truck rental fees and liability insurance costs for the JOHN DOE TRUCKING trucks they drove for the company. Hearings on the claims resulted in a decision requiring JOHN DOE TRUCKING to pay $105,089.15 for violations including unlawful withholding of wages, interest and waiting time penalties.  JOHN DOE TRUCKING appealed the hearing decision with the state’s Superior Court.

The state’s Superior Court ruling upheld the labor commissioner’s hearing decision and ordered JOHN DOE TRUCKING to pay $107,802, including interest. The drivers will get the full amount of that award.

“In this case, drivers had signed agreements labeling them independent contractors but the court saw the truth behind the label,” the court said in a statement. “The court found that the company exerted sufficient control over the drivers such that the drivers were employees of the company and thus, enjoy all basic labor law protections.”

The perceived protections afforded by labeling drivers independent contractors – when they are not – are coming to an end.

If JOHN DOE TRUCKING had elected instead to outsource their drivers with Pro Source, Inc, all wage and tax issues would have been properly addressed.  Consider outsourcing as a low cost, convenient way to stay in legal compliance of all federal and state wage and hour laws, while still maintaining reasonable oversight of your transportation operation.  Or continue to put yourself at unnecessary risk.

Driver Leasing News – FMCSA Proposes Tough Sanctions for Carriers That Repeatedly Disregard Safety Rules

Safety regulators want to impose the ultimate penalty, loss of registration, on truck and bus operations that show egregious disregard for the rules.

The Federal Motor Carrier Safety Administration says that every year a small number of carriers try to avoid compliance or disguise non-compliance. These carriers often submit new applications under a different name after they have been placed out of service, the agency said.

In a proposed rule posted this week, the agency said it needs to take strong action to deter this kind of behavior.

With the legal authority it gained in this year’s highway law, the agency proposes to suspend or revoke the operating authority of carriers that disregard the rules. The rule also targets carrier officers or employers who either disregard the rules or permit others to do so.

The proposal targets failure to comply with safety rules, as well as concealment of that failure. It also goes after those who do not comply with orders to fix safety problems, who do not pay fines for safety violations, or who do not respond to enforcement actions.

The most reliable way to correct potential violations related to drivers, driver safety and DOT compliance is to consider driver leasing with PRO SOURCE, INC. PRO SOURCE, INC becomes solely responsible for meeting all FMCSR 391 driver regulations.

FMCSA is looking for comments on the proposal by Jan. 14.

Driver Leasing – Nearly 300 drivers, 128 companies face action after FMCSA sweep

Transportation Staffing – Dependable Truck Unloader Needed – Newnan, GA

Dependable Truck Unloader / Warehouse Associate Needed For Full-Time Position!

We are looking for a quality person that pays attention to detail, is a team player, is not a stranger to hard work, and wants to work with a great company!

Job Details:
You’ll be part of a team that is responsible for loading and unloading trucks. You will also be required to help out in other areas as required.

Requirements:
Must have at least 1 year of forklift experience.
Must be at least 21 years old
Must be able to pass a pre-employment drug test
No felonies, drug convictions, DUIs, or failed drug tests in the past 7 years

We are looking for the best of the best. $8.50 per hour to start.
If you are qualified, are interested in making good money, and working with a leader in the manufacturing industry:

Please go to this link to fill out our application:  http://74.220.219.67/~prosour5/employees/careers/

Be sure to SIGN the application at the end, with your mouse or mouse pad. Do not type your name in the box. Choose “Larry” as how you were referred. The system will automatically send out an email once the application is completed.

Thank you for your time and we look forward to you being a part of our team!

 

 

Transportation Staffing – Why Companies Use Pro Source.

WHY DO SO MANY COMPANIES IN GEORGIA USE PRO SOURCE TO FIND, QUALIFY, AND HIRE CDL DRIVERS?

  1. EXPERIENCE MATTERS – Since 1958, Pro Source has been providing companies, both large and small, with professional drivers, warehouse workers, and other logistics personnel. We only recruit and hire the best of the best professional drivers.
  1. QUALITY PEOPLE – Small companies and corporations alike know that when they need a driver, they are guaranteed to get one that exceeds their requirements, is safety conscious, and will represent your company with integrity and professionalism.
  1. TIME IS MONEY – How much money do you spend on job advertising, recruitment, qualifying, drug tests, DOT physicals, new-hire training, and everything else involved with bringing someone new to your team? And wouldn’t your time be better spent elsewhere, like growing the business?
  1. CONSISTENCY – We are experts at finding and qualifying personnel that are a perfect fit for your organization. Once accepted by you, your driver will never be assigned anywhere else. We only offer long-term leasing and temp-to-hire leasing so you can rest assured that the people you choose to be on your team, will always be on your team.

WHY OUTSOURCE?

  • Control and Reduce Costs, Save Time, Consolidate Business
  • Your Management Concentrates on Core Business
  • Reduce Head Count, Improve Transportation Efficiencies
  • Provide Regulatory Compliance (DOT, OSHA, EEOC, IRS etc)
  • Provide Professional Human Resource Services
  • “A Rated” Benefit Packages to Hire & Keep the Best
  • Reduce Accidents & Injuries; Lower CGL and vehicle PL&PD Costs
  • Superior Claims Management for Faster Return to Work
  • Eliminate Paperwork Hassles re: Payroll, Discipline, Documentation
  • Improve Delivery Performance, Create Happier Customers
  • One Invoice Handles All Labor Cost

WHAT IS INCLUDED IN MY COST?

  • Qualified CDL Drivers
  • Workers Comp. Insurance
  • FICA Taxes
  • FUTA Taxes
  • SUTA Taxes
  • Employee Management
  • Safety & Compliance
  • Pre-employment Drug Tests
  • Random Drug Tests
  • DOT Physicals
  • Accounting & Overhead

 

 

Larry Hilbert

www.ProSourceinc.net

Driver Leasing News – Trucking adds 7,300 jobs in May

 www.prosourceinc.net

Truck at Dock

For-hire carriers added 7,300 payroll jobs in May, up from an upwardly revised 2,700-job increase in April, according to the latest estimates released Friday, June 1, from the Bureau of Labor Statistics. Payroll employment in trucking was up 0.55% over April and 3.4% over May 2011. Employment is up by 109,100 jobs, or 8.8%, from the bottom in March 2010, but it remains 110,100 jobs, or 7.6%, below the peak in January 2007.

The overall U.S. economy added just 69,000 civilian nonfarm jobs in May. Moreover, BLS revised downward by 49,000 its initial estimate of April payroll employment. And unemployment edged up by a tenth of a percentage point to 8.2%. Sectors showing large gains were health care employment, up 33,000 jobs, and transportation and warehousing, up 36,000 jobs. The latter category, which includes trucking, was led by transit and ground passenger transportation, which was up 20,000.

The BLS numbers for trucking reflect all payroll employment in for-hire trucking, but they don’t include trucking-related jobs in other industries, such as a truck driver for a private fleet. Nor do the numbers reflect the total amount of hiring since they only reflect the number of employees paid during a specified payroll period during the month. Due to high turnover rates, the BLS estimates may overstate the number of job positions due to the methodology used in the agency’s Current Employment Survey.

FMCSA Safety Crackdown Closes 26 Bus Operations

The Federal Motor Carrier Safety Administration shut down 26 bus operations running passenger service on I-95 between New York City and Florida, the latest in a series of enforcement crackdowns on truck and bus companies.

The agency said the bus companies were an “imminent hazard” due to continuous safety violations, such as using drivers who did not have commercial licenses and who did not clear drug and alcohol tests.

This is the largest single shutdown in the agency’s history, said Transportation Secretary Ray LaHood.

“These aggressive enforcement actions against unsafe bus companies send a clear signal: If you put passengers’ safety at risk, we will shut you down,” he said in a statement.

FMCSA recently has been nearly as aggressive against trucking operations it found in violation of the rules.

Since March, it has ordered a half-dozen freight carriers to stop service:

– UD Service, Indianapolis, for using drivers who did not have a CDL and who were not proficient in English.

– Reliable Transportation Services of Utah for hours of service and other violations.

– JA Transportation of New Jersey for hours violations, as well as driver qualifications and maintenance.

– Judson Mobley Logging, Georgia, for drug and alcohol

Driver Leasing Company Prepares Drivers for Roadcheck 2012

Roadcheck is the largest targeted enforcement program on commercial vehicles in the world with approximately 14 trucks or buses being inspected, on average, every minute from Canada to Mexico during a 72-hour period in early June. During this 72-hour period nearly 8,000 CVSA and FMCSA certified inspectors at more than 2,500 locations across North America will perform around 70,000 truck and bus inspections focusing on the North American Standard (NAS) Level 1 inspections, motorcoach inspections, hours-of-service and logbooks reviews(?), and household goods carriers inspections(?). While overall out-of-service rates are at record lows, there is still room for improvement.

Roadcheck data from 2011 showed an overall vehicle compliance rate of 80.7 percent (up from 80.0 percent in 2010), and an overall driver compliance rate of 95.8 percent (up from 95.6 percent in 2010). For NAS Level I inspections, the compliance rates were 77.2 percent for vehicles (up from 76.7 percent in 2010) and 96.3 percent for drivers (unchanged from 2010). In addition, there were 296 fewer safety belt violations in 2011 (863 vs. 1,159 in 2010). Inspections of passenger carrying vehicles found a vehicle compliance rate of 91.3 percent in 2011 (up from 91.0 percent in 2010). The motorcoach driver compliance rate was 97.4 percent (up from 96.4 percent in 2010). Hazardous materials inspections resulted in a vehicle compliance rate of 82.1 percent (down from 83.7 percent in 2010) and driver compliance rate was 97.5 percent (unchanged from previous year). There were 29,609 CVSA Decals issued to vehicles that passed the inspection, up from the 26,605 issued in 2010.

DOT Roadside Inspection

The top five driver out-of-service violations are:

  1. Requiring or permitting a driver to drive more than 11 consecutive hours
  2. Requiring or permitting a driver to drive after 14 hours on duty
  3. False reports of driver record of duty status
  4. No record of duty status
  5. Driver failing to retain driver logs from the previous seven days

The top five vehicle out-of-service violations are:

  1. Brake adjustment
  2. Brake tubing and hoses
  3. Tires and wheels (flat tires or exposed fabric)
  4. Lights (inoperative turn signals/brake lights)
  5. Load securement

Pro Source has prepared their drivers for Roadcheck 2012. Drivers should:

  • Be prepared for the increased inspections
  • Have a valid CDL and current medical card
  • Keep driver logs current to last change of duty status
  • Drive within hours-of-service regulations
  • Wear their seatbelt
  • Know the critical vehicle inspection items
  • Complete detailed pre-trip vehicle inspection and correct deficiencies
  • Have a professional attitude
  • Keep in mind BLT – brakes, lights and tires
  • Know the three P’s of hauling hazmat – papers, placards and packaging