DOT Enforcement Push in Early May
AmericanHort SUPPORTS TRUCKING BILL
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LEGISLATIVE UPDATES
By Tal Coley
Commercial Vehicle Safety Alliance, an organization comprised of local, state, and federal motor vehicle safety officials, conducted their annual readiness check https://t.e2ma.net/click/ p0jxcd/9nz8k1/93zj6q on 4–6 May. Officials performed roadside inspections with the main focus on two things – lighting and hours-of-service violations. Things could get a little tricky in the interstate realm. The Federal Motor Carrier Safety Administration (FMCSA) decision to include horticulture in the agricultural commodity definition (which allows drivers to use the ag exemption for determining hours-of-service) was only finalized in December. Word travels slowly, and many enforcement officials may not be aware of the change. We can’t stress enough how important it is to have a copy of the regulations https://t.e2ma.net/click/p0jxcd/9nz8k1/pw0j6q in trucks in case there is a problem. •
By Tal Coley
mericanHort lent our support to a bill known as the DRIVE Safe Act https://t.e2ma.net/click/p0jxcd/ 9nz8k1/5o1j6q (H.R. 1745, S.659), as one mediumterm solution to the truck driver shortage problem. The bipartisan bill would enable 18-20 year-old apprentices — who have obtained their Commercial Driver’s Licenses — to drive trucks in interstate commerce. It would amend the current minimum age requirement for interstate drivers, which was promulgated decades ago, to allow these qualified drivers to operate in interstate commerce once they have completed several apprenticeship program requirements centered around safety. The trucking industry has faced significant headwinds in recent years – from retirements, increased regulatory burdens, and the lifestyle involved not appealing to a new generation. According to the American Trucking Associations (ATA), the trucking industry is currently facing a shortage of more than 60,000 qualified drivers, coupled with a projected need to hire 1.1 million new drivers over the next decade to keep up with increasing freight demand and workforce retirements. AmericanHort and 117 other organizations sent a support letter https://t.e2ma.net/click/p0jxcd/9nz8k1/lh2j6q to leadership of both the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee last week. •
H-2B Visas: Near-Term, Longer-Term By Laurie Flanagan & Craig Regelbrugge
On
April 8, the Department of Homeland Security’s U.S. Citizenship and Immigration Services held a listening session to inform the agency about the need for supplemental H-2B visas this fiscal year and the potential impact of more visas on U.S. workers. The Department said it is looking into the issue very seriously and wanted to hear from the public. All but three commenters spoke about the importance of the H-2B program to their businesses and their U.S. workforce. Commenters included representatives from landscape, hospitality, outdoor amusement, forestry, golf, and other industries. Following the call, the H-2B Workforce Coalition submitted official comments https://t.e2ma.net/click/p0jxcd/9nz8k1/192j6q. On April 20, DHS announced it plans to release 22,000 supplemental visas, with 6,000 of those prioritized for the Northern Triangle countries (El Salvador, Guatemala, Honduras). Any that go unused may be released for general use at some later date.
10 • VNLA News • Summer 2021
At least some new visas would be helpful if made available right away. But more would be justified. Again, the H-2B Workforce Coalition released a statement https://t.e2ma.net/click/p0jxcd/ 9nz8k1/h23j6q calling for even more visas to address the demonstrated need for seasonal workers, and urging expedited Federal Register notice and prompt release of additional visas. We are also concerned that the Labor Department might try to force employers with an approved labor certification to do something to “retest the labor market,” which would mean further delays and complications. More as it develops. Finally, we also continue to urge Congress to pass legislation to permanently address the H-2B cap by reinstating a permanent H-2B returning worker cap exemption. We expect bipartisan H-2B relief legislation to be introduced in the next few weeks. You can act now https://t.e2ma.net/click/p0jxcd/9nz8k1/xu4j6q to let your Representative know you support reinstating the H-2B returning worker exemption. •
