6 minute read
SMMC Update
MANAGEMENT COUNCIL NEWS
ATA Safety Council holds Roadside Inspections near Tuscaloosa
It was great to see so many ATA and ATA Comp Fund members show up at April’s live Roadside Inspections near Tuscaloosa.
This free ATA member service is one of the most informative, hands-on safety programs we offer. Working alongside troopers from the Alabama Law Enforce ment Agency’s Commercial Vehicle Di vision, Alabama Dept. of Transportation inspectors, and Federal Motor Carrier Safety Administration agents, the group performed 17, 1 and 2 Level inspections in two hours on April 15 with dozens of trucks passing through the portable weigh station. Incredibly, there were only two outof-service violations with equipment.
ATA Vice President of Safety and Com pliance Tim Frazier said, “We had a great day for our members to work along side our troopers during the inspec tion process. Our officers provided excellent training and education as to how the inspections are conducted step by step. This allows our members to apply what they learned today in helping keep our equipment, drivers, and families safe.”
ATA President Mark Colson added, “A safe trucking company is a profitable truck ing company. Through programs like our Roadside Inspection, Alabama Trucking members and the Alabama Law Enforce ment Agency are working together to make Alabama roads safer”
Thanks to ATA Comp Fund, Blair Logistics, LB3, LLC, and Trantham Ser vices, Inc. for providing lunch and refresh ments. We’ll do it again in the fall!
What CDL drivers should know about using CBD products
Positive drug tests account for 81 percent of the total violations reported in the Clearinghouse since January 6, 2020. As of May 1, 2021, marijuana has been detected in more than half of all drug tests that have been filed in the Clearinghouse.
It is important for all employees who per form safety-sensitive functions, in cluding CDL drivers, to know that DOT requires testing for marijuana but not CBD. The labeling of many CBD products may be mis leading because the products could contain higher levels of tetrahydrocannabinol (THC) than what’s stated on the product label. DOT’s Drug and Alcohol Testing Regulation, 49 CFR Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason.
CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug
Feds extend exemptions for covid relief August 31
On Tuesday, May 25, the Federal Motor Carrier Safety Administration (FMCSA) announced it is extending the Emergency Declaration set to expire on May 31, 2021, to August 31, 2021.
This extension includes the same regulatory relief for motor carriers and drivers providing direct assistance for relief efforts related to COVID-19, as included in the earlier versions of the declaration. This declaration covers the transport of the following items only:
1. Livestock and livestock feed; 2. Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19; 3. Vaccines, constituent products, and medical supplies and equipment, including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19; 4. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants; and 5. Food, paper products, and other groceries for emergency restocking of distribution centers or stores.
The Agency says it intends to review the status of this and other emergency regulatory relief — including CDL, CLP, and medical card validity extensions — on July 1 and may take action to modify or terminate, if conditions warrant.
The Agency says, “it is FMCSA’s intention to wind down the exemptions granted under this Emergency Declaration and related COVID-19 regulatory relief measures to the extent possible.”
As with previous declarations, emergency regulatory relief is provided from parts 390 through 399 of the FMCSRs, including the hours-of-service regulations. Emergency relief does not include certain FMCSR’s related to the safe operation of CMVs, such as controlled substance and alcohol testing, financial responsibility requirements, CDL requirements, operation of a CMV while ill or fatigued, size and weight requirements, and additional FMCSR’s which are outlined in the declaration.
Additionally, FMCSA also announced the extension of waivers related to CDL/CLP/Medical Card validity and Third Party CDL Skills Test Examiners. The agency encourages stakeholders to review the applicability, restrictions and limitations. The full text is available at FMCSA’s website fmcsa.dot.gov/COVID-19.
News
test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.
Since the use of CBD products could lead to a positive drug test result, USDOTregulated CDL drivers should exercise caution when considering whether to use CBD products.
Read USDOT’s full “CBD Notice” at transportation.gov/odapc/cbd-notice
The American Trucking Associations announced the formation of a new Climate and Clean Energy Advisory Committee to help shape the association’s policies and actions on a number of key environmental issues.
“The trucking industry has a strong, positive record on addressing climate change – from our broad support for programs like SmartWay to our backing of historic and first-ever greenhouse gas standards for new trucks - ATA has been a leader in making sure our industry is at the table and delivering results on these issues,” said ATA President and CEO Chris Spear. “Today, with even more attention being paid to issues impacting our climate and clean energy in Washington and in state capitals, we are creating an advisory committee to help guide our future direction and actions.”
The newly formed CEAC will address a number of topics ranging from fuels, carbon pricing, and zero-emission vehicle development that have the potential to have significant impacts on the trucking industry in the 21st Century. The committee will focus its work on four areas initially: research and development opportunities, infrastructure resiliency, zero-emission vehicle fueling infrastructure and environmental justice, and will continue to advise ATA on its broad-based advocacy platform so the association can remain a leader on these critical issues.
“Good public policies should be based on sound data and strong analysis. It is the goal of this advisory committee to seek out that data so we can be at the table with policy makers at the state and federal levels as they tackle these complex issues regarding climate change and technology pathways,” said ATA Energy and Environmental Affairs Counsel Glen Kedzie. “As we chart a course for the most dynamic shift ever in the types of equipment and fuels we use, we must do so in an orderly and least disruptive manner that takes into account the wide diversity of trucking operations.”
Have you viewed your Clearinghouse record lately?
Drug and alcohol program violations incurred by CDL drivers are recorded in the Clearinghouse and associated with the CDL number of the driver who incurred the violation.
You will need to register for the Clearing house and verify your current CDL infor mation to view whether there are violations associated with your current or previous CDL numbers.
Visit the new Before You Register page at clearinghouse.fmcsa.dot.gov for more information and to start registration.
