PennTrux l Volume LXXVIV l Number 9 l September 2013 by Graphtech

Volume LXXVIV | Number 9 | September 2013

The Voice of the Trucking Industry in Pennsylvania

Drug and Alcohol Testing

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HARRISBURG PA PERMIT NO. 533

PRSRT STD U.S. POSTAGE

The Scientific Shortcomings and Practical Challenges

Paperwork Burden DOT’s paperwork reduction plan draws mixed reaction

PLUS... PMTA names Drivers of the Month Get to know the drivers chosen from January through April 2013

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Volume LXXIV | Number 9 | September 2013

DEPARTMENTS: Chairman's Message �� 7

The Voice of the Trucking Industry in Pennsylvania Official Monthly Publication of the PMTA 910 Linda Lane, Camp Hill, Pennsylvania 17011-6409 Telephone: 717.761.7122 | Fax: 717.761.8434 Visit our website at www.pmta.org

TruckPAC Recognition �� 9 Seminar Schedule �� 21 Membership Reports

BOARD OF DIRECTORS

President’s Prize �� 22

James Germak, Chairman of the Board

Welcome New Members �� 22

Rebecca Summers, First Vice Chairman Stephanie Fleetman, Vice Chairman Timmy Nelson, Vice Chairman Matthew Campbell, Vice Chairman John Keagel, Treasurer

PMTA Chapter Activities �� 23 Word Search �� 24

Last month’s Answers �� 24

Gladys Knox, Secretary Calvin Ewell, ATA Vice President Calvin Ewell, Immediate Past Chairman Paul Berg Charles Bernier Joseph Butzer Douglas Marcello Patrick Meehan Scott Pauchnik Ron Uriah Paul Yerk PMTA HEADQUARTERS STAFF James W. Runk, President and CEO Doris Fee, Financial Consultant Wendy Palermo, Title and Registration Agent and Member Services Dean Riland, Assistant General Manager Carol Smore, Event Coordinator Kevin Stewart, Safety Director Nancy Wilkes, Communications Director PennTrux editor: Nancy Wilkes (nwilkes@pmta.org) Published by:

717.238.5751 Sarah DiCello, Publications Manager (sarah@thinkgraphtech.com) For Advertising Information: Alexis Kierce, Account Manager (alexis@thinkgraphtech.com) PMTA is an affiliate of the American Trucking Associations Annual PENNTRUX subscription rate for members of PMTA is $8.00; included in dues.

On the Cover Page 14

The scientific shortcomings and practical challenges of drug testing in today’s workplace.

INSIDE PENNTRUX...

Paperwork Burden

PMTA names Drivers of the Month

DOTâ&#x20AC;&#x2122;s paperwork reduction plan draws mixed reaction.

Get to know the drivers chosen from January through April 2013.

An Attorneyâ&#x20AC;&#x2122;s Point of View Attorney Paul W. Grego offers his comments on the proposed changes to the daily inspection report requirement.

19 19 20

PGT Trucking Acquires Liedtka Trucking PGT Trucking, Inc. announces the acquisition of Liedtka Trucking.

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Industry Asked to Rank Top Concerns The American Transportation Research Institute (ATRI) recently launched the 2013 Top Industry Issues Survey.

Hazardous Materials Endorsement Fingerprint Process Changing The Pennsylvania Department of Transportation announced fingerprinting will no longer be conducted by the State Police.

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4/18/11 2:35:29 PM 4/18/11 2:35:29 PM

A Word From The Chairman PENNSYLVANIA MOTOR TRUCK ASSOCIATION

MISSION STATEMENT The Pennsylvania Motor Truck Association was organized to promote the common business interests of persons engaged in the motor transportation industry. It is dedicated to effectively representing the concerns of the trucking industry to members, government and regulatory agencies, and the general public. PMTA has further pledged to assist member companies in managing the impact of change in the trucking industry, and to enhance the professional and economic growth of its members. The Pennsylvania Motor Truck Association’s primary functions are as follows: n

o work with the Legislature T and regulatory agencies to foster, promote and preserve a strong economic climate for trucking in the Commonwealth.

o partner with the T enforcement agencies to develop and support safety initiatives that protect the motoring public.

o provide a forum for T continuing education through seminars, workshops and conferences.

o disseminate positive T industry information to the press promoting the industry. o be available to our T members for personal assistance whenever the need arises.

Jim Germak, Jagtrux, Inc. Cheers to FMCSA, DOT Well, it seems the turmoil on the hours-of-service rule is finally quiet, perhaps giving us all time to alter our operations in order to comply with the changes. The debate between the trucking industry and the federal government has been long running, and I would say it’s a draw at this point. The American Trucking Associations argued against changes in the 34-hour restart provision, but the U.S. Court of Appeals for the District of Columbia circuit didn’t accept them. The court also rejected a challenge to the mandatory 30-hour rest break before workers drive for eight hours. The court did accept ATA’s contention that shorthaul drivers should be exempt from the mandatory 30-minute rest break contained in the HOS rule. In its Aug. 2 ruling, the court vacated the 30-minute rest break requirement for shorthaul drivers, but only referred in its opinion to non-commercial drivers’ license holders who operate within a 150-mile radius of their reporting location. FMCSA administrator Anne Ferro clarified that FMCSA was applying this ruling to those drivers, as well as CDL holders who operate within 100 miles of their reporting location. In response, ATA applauded FMCSA for clarifying that both categories of shorthaul drivers would not be subject to the 30-minute rest break provision. Bill Graves, ATA’s president and CEO, said, “We’re pleased that FMCSA is moving forward to provide swift, reasonable relief to drivers who operate locally.” He said FMCSA’s clarification on this provision provides “important flexibility for shorthaul drivers and the fleets that employ them.” PMTA echoes the praise. ATA is also applauding the Department of Transportation’s proposed changes to driver vehicle inspection reporting requirements, a move meant to provide a much-needed reduction in paperwork for the industry. PMTA members have rather strong opinions of this proposal; read the story on page 10 to learn more. Graves said ATA appreciates the Obama Administration’s proposal and said, “Though this step will provide modest relief to professional drivers and motor carriers, ATA is optimistic this signals Secretary Foxx’s willingness to provide reasonable and appropriate relief to the industry, and he will quickly provide relief on more substantial issues.” Indeed, we are all optimistic about Secretary Foxx’s agenda. He hopes to address the following: • A fair CSA crash accountability process; • Unnecessary restrictions on the new rest break and restart provisions of the hours-ofservice rules; • Much-needed sleeper berth flexibility to better facilitate driver rest. We’re also hopeful that Foxx works with his new counterpart at the Department of Homeland Security, once named, to provide Congressionally-directed relief on redundant security background checks.

PENNTRUX 7

Driver Health and Wellness Day Tuesday, September 17, 2013 TA/Petro Truck Stop – Harrisburg Stop at the TA/Petro in Harrisburg (I-81, exit 77) on Tuesday, September 17, between 3:00-7:00 p.m. for a Driver Health and Wellness Day. This is part of a national event aimed at improving the health and wellness of professional truck drivers, coordinated by the Truckload Carriers Association. PMTA staff will be there. Activities will include:

Staying cool – Although the temperature was pushing 97, almost 200 golfers played at the Lancaster Chapter’s annual Jim Ingham Golf Outing on July 18. Getting ready to begin are, from left, Cindy Kametz of Hunter Keystone Peterbilt, L.P., Becky Summers of K&B Summers, Inc., Kelly Hawthorne of Five Star International, LLC, and Lorraine Buckwalter.

• Blood pressure and glucose screening • Smoking cessation • Body mass index • Back health • Yoga for drivers • Healthy eating on the road • Easy ways to exercise Professional drivers will be on hand to talk about how they stay fit and healthy.

For more information visit www.truckload.org/health National Truck Driver Appreciation Week—S eptember 15-21, 2013

Trick shot – Ben Witter, PGA professional, of Ben’s Power Golf, demonstrates one of the many trick shots he can do at the Lancaster Chapter’s annual Jim Ingham Memorial Golf Outing on July 18. The man has hit millions of golf balls in his time, and he can hit one from almost anywhere.



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8 PENNTRUX

An Attorney’s Point of View Paul W. Grego, principal, Post & Schell, P.C., in Lancaster, commented on the proposed changes to the daily inspection report requirement.

s an attorney defending actions against trucking companies, the daily inspection reports can be helpful or hurtful at the same time. They are helpful in showing ongoing maintenance of the vehicle if that maintenance is solid. Unfortunately, many times the documentation is not complete, or there are errors that a seasoned plaintiff’s attorney can use to make the company look shoddy and incompetent. In that

case (which, unfortunately, is not unusual), it would be better if the documentation would be eliminated. With all the regulatory burdens on the industry at present, and all that is required of our drivers, I do not see the elimination of this requirement as having a real impact on highway safety.

TruckPAC Recognition The trucking industry faces challenges on many levels. In such critical times, we need to maintain a firm and unified voice. Legislators face thousands of bills every year, and PMTA’s Political Action Committee and lobbyists make sure they understand how new laws affect our industry.

Harold L. Brake Thomas M. Brown Kevin Forbes Phil and Cyndi Garber James Germak

You can help maintain and increase our political visibility and strengthen our positive force in forming policy. By donating to TruckPAC, you enable us to maintain our high profile and defeat, support and/or alter laws that have an impact on your businesses. To contribute to TruckPAC, contact PMTA at 717.761.7122.

Bronze ($25-$249)

Platinum ($1000 +) Don Bowman Calvin E. Ewell Stephanie Fleetman Brian Fulmer Wayne S. Herr Sheila M. Horwith

Samuel Lansberry McNees PAC Richard Adams Mellon J. Harold Summers Rebecca Summers William T. Ward

Gold ($500-$999) William Burns Paul Berg Joseph A. Butzer and Elizabeth A. Hamilton John Conrad Michael and Debbie Herr

Jeffrey S. Johnson Kenton J. Good John H. Summers Charles L. Whittington Gladys Wright Knox Timmy T. Nelson

Silver ($250-$499) Harvey Daniel Alderfer Drew and Kerri Behmer Larry D. Bender Ronald and Pamela Bowman

Karl Gontkof Ken and Cindy Kametz Grant S. Markley Michael Redden

Abom Kutulakis, LLP G. Frank Arters William D. Staffieri Charles Bernier Paul Bitting James Michael Boring Troy Boring Matthew Campbell J. Daniel Frock Pitt Ohio LLC Richard and Alma Galasso Lester and Mary Good Kelly S. Hawthorne Dennis R. Howell Wayne E. Inners Samuel Kieffer George Kress Marcello and Kivisto, LLC Milliron Associates PAC

W. Robert Renner Jay Shaub David A. Shumaker Kimberly M. Wise R. Frank Campbell Alexander Manna Christian Manna Gerald J. Manna Earl R. Martin Landis Martin Eric Moses Jay H. McCormick Samuel Nucifore, Jr. Joseph J. Poplawski Matthew Rhoads Craig Risser Douglas E. Rosbach David Spera Curtis N. Stambaugh Gary E. Whistler Gary S. Wright Barry and Karen Young John Wensel Ronald D. Uriah

This list includes contributions from January 1 through August 7, 2013. Your contributions to TruckPAC allow our association to have a stronger legislative voice. TruckPAC contributions should be sent to: PMTA, 910 Linda Lane, Camp Hill, PA 17011.

PENNTRUX 9

DOT’s Paperwork R Draws Mixed R

10 PENNTRUX

k Reduction Plan d Reaction D

oes your desk look like the one to the left? It seems paperwork is the bane of our existence. We joke about the number of trees killed and hours wasted. Regulations create perhaps more paperwork for the trucking industry than other industries, and most companies favor reducing that burden. In May 2012, President Obama ordered federal agencies to reduce regulatory burdens on the private sector. Transportation Secretary Anthony Foxx is proposing a rule change that will be the largest paperwork reduction the federal government has proposed since Obama’s May 2012 initiative. Foxx said the Department of Transportation proposes eliminating a requirement that truck drivers file daily vehicle inspection reports if they don’t find any problems with the vehicles, a move that would save the industry $1.7 billion a year. He said if the rule goes into effect, “we will eliminate the burden of completing and retaining reports when there’s nothing to report.” DOT said it would save truck drivers an estimated 42.7 million hours. A rule implemented in the 1930s, now enforced by the Federal Motor Carrier Safety Administration, requires truck drivers to inspect their equipment and file reports at the end of each day, detailing any defects they find on parts, including tires, horns, brakes, windshield wipers and coupling devices. Carriers must store the reports for three months. The government included nodefect reports to create a paper trail on each truck’s and trailer’s condition. FMCSA said 95% of the 1.09 million inspection reports filed annually show no defects. PMTA member companies say the rule change would save paper, but they aren’t sure the time and paper savings add up to the potential loss of compliance. James Soltis of New Enterprise Stone and Lime Co., Inc., said, “I have been following the latest with the DVIR issue and have mixed emotions with the new rule. The idea of paper reduction in itself is a good idea, but at what cost?” He said the cost saving, which he has yet to figure out, is a small one.

“We as a company have been dealing with DVIRs for so long, they have become second nature as to the handling. The drivers have a period of time at the end of their shift to do the post-trip inspection and paperwork (usually 15 minutes), which has not been an issue. My biggest fear, if the ruling passes, is that the driver will now be more likely to not write down a ‘small’ defect in the interest of saving paper or getting out of work 48 seconds earlier. Adopt the ‘Aw, I’ll write that down tomorrow’ attitude.” He thinks this times the number of trucks they have on the road at any given time could add up to a significant amount of “small” defects that slip through the cracks. Greg Warner of New Penn Motor Express, Inc., a former driver, trainer and law enforcement officer, said the rule change will eliminate a document storage issue, not a time or effort burden. He said they can spare the extra 30 seconds it takes for a driver to fill in the vehicle/driver demographics and check the box of “no defects found” if it results in the driver identifying a defect by doing a proper pre-trip inspection. He said, “With a carrier of our size, while it can be a sizeable amount of time saved, I believe this may be a mistake.” Warner believes it will encourage drivers not to complete a vehicle inspection, just to save a few seconds. LeRoy Martin from A.B. Martin Roofing Supply, LLC/J.R. Zimmerman Enterprises, LLC, said they went to electronic logging about two years, so paperwork has not been a problem. “Most of our drivers drive the same truck and pull the same trailer every day, so they are familiar with the equipment and can soon tell if something is in violation.” He said the pre-trip time doesn’t need to be recorded, so he doesn’t know how much time is being spent on it. The post-trip is done on on-duty time, so again it doesn’t show how much time is spent on it. But he welcomes the change because he said it makes a lot of sense to eliminate the paperwork. Another company using electronic logs and electronic DVIRs is Lester R. Summers, Inc. Steven Fresyz said it takes a driver less than a minute to enter a “no defect” PENNTRUX 11

inspection into the electronic device. He said, however, “In some ways I think that it is a good idea, but my one concern is that as a carrier, how do you know that the driver did a post-trip inspection or if they did but the paperwork is misplaced or not turned in? Also, if a driver was only pencil whipping the reports, how can they be held accountable when a defect is found by someone else? With the paper, or in our case the electronic DVIR, I have proof that the driver said that he did an inspection and found everything satisfactory..” Freysz said going to electronic logs has reduced a lot of the paperwork burden and will continue to reduce it as they implement more of the options that are available with the electronic format. Mike Egbert of Allen Distribution said the rule change would eliminate paperwork burden for them. “It’s hard to put a time frame (on dealing with the DVIRs) as it is intertwined with BOL’s, trip sheets, etc. But when you add up the cost of the book, drivers’ time, the collection, the tracking, the storage, the purging of the record, it’s considerable,” he said. It is a good plan, Egbert said. “The rest of the business world moves on reports that can be produced if there is an ‘exception’ to a problem or issue. We’re glad someone at FMCSA is heading in that direction.” Allen Distribution has eliminated paper logs with electronic logs, which is a big help, and fuel tax has become a lot easier with electronic tracking. “But those still remain my top two time suckers, regardless of the fact they are now mostly electronic,” he said. A& S Services Group, LLC, also uses electronic vehicle inspection report on most of their vehicles, so the paperwork burden is minimal. John Keagel said, “With our paperless forms, our driver only spends a few minutes actually filling out and reviewing the form. Most of the time spent is doing the actual inspection.” Their time is spent dealing with reports with defects, and that wouldn’t change with the new requirements. Keagel said he thinks it is an excellent plan. Bob Thibodeau of Aim Leasing Co. said he believes this change will be a welcome relief for the industry. “No-defect post-trip inspections create a paperwork and tracking burden for larger motor carriers, which really becomes a problem during a CR or audit. This is an easy ‘target’ for auditors to write violations and often issue fines. Responsible carriers do address DVIRs with safety defects, and that is where the focus should be placed.” Jared Dyer of PPL said the rule would eliminate some paperwork, but for PPL it is not necessarily a burden. He said it takes each driver about three minutes a day to complete the DRIV, and at any given time they may have more than 350 CMVs operating daily. Usually an administrator handles the filing of the documentation, which across the company probably amounts to about 1 ½ hours a month. “Eliminating administrative tasks at times can have financial benefits, however, in this instance, having documentation that shows an operator completed a pre-trip or post-trip inspection may provide the operation some relief if stopped by

12 PENNTRUX

a compliance officer. Also, eliminating the requirement to document the pre-trip may prompt some operators to not complete their pre-trip inspection,” he said. Jeff Davis of Source One agrees that drivers should still verify no-problem pre-trip inspections to ensure it has been completed. Darryl Phipps of New Enterprise Stone and Lime said they would consider still having the drivers do the paperwork in order to have a record of “no defects.” The change would benefit over-the-road drivers who would not be at a company shop location daily. AERO Energy’s Rich Jarcy said they would still do the same paperwork to prove compliance as well. “Reducing paperwork is always good. However, I don’t see how companies will be able to show they are in compliance with inspections if there is no paper trail,” Jarcy said. John Warrington of PPC Lubricants, Inc., said the rule would help. “But we are looking at a GPS system that will allow inspection reports to be done electronically.” Ward Transport and Logistics Corp. is moving toward e-logs as well as electronic VCRs, which will automatically eliminate a lot of paperwork. Jeff Kovacik said they will likely continue to require drivers to submit the e-forms for clean inspections. He doesn’t necessarily think it is a good idea to eliminate the requirement. “The daily VCR is a way of at least ‘helping’ companies to ensure drivers are doing their pre- and post-trip inspections and not simply logging them. Although, realistically, drivers can still fill out the form without doing a thorough inspection,” he said. Matt Campbell of H.F. Campbell & Son, Inc., said they are currently considering electronic logging systems, and less paperwork is always a good plan. But the rule change would not eliminate a significant paperwork burden for them. Dale Knox, a long-time member of Pennsylvania’s Road Team and a former driver for Con-way Freight, said the rule would help “because the company of the driver has to keep a signed copy of the vehicle condition reports on file for 90 days.” He said that although it doesn’t take a driver more than a minute to fill out an inspection report if no defects are found, it does take a driver a bit longer if there is a defect because he or she has to explain what the defects are. “It is a good plan because the company’s paperwork will be cut more than in half, saving the company money and the driver time. I think the EOBRs will cut down on a lot of paperwork for both the driver and the company, in the long run saving the company money,” he said.

Frank Zbuckvich of McClymonds Supply and Transit Co., Inc., agrees that the rule would decrease cost and time, resulting in greater productivity for drivers and staff. Tim Piester of Do It Outdoors said it would eliminate a significant portion of the paperwork sent in by drivers who spend about 1.6 hours a week filling out the inspection reports. “We don’t tabulate the hours we spend, but tracking each driver’s submissions on a monthly basis to ensure compliance is at least 3-4 hours,” he said. Do It Outdoors’ drivers are all over the country, and vehicle issues are dealt with as they occur, not after the fact when the reports come in. Piester said he would like to see a provision that allows the discarding of the inspection report of a problem vehicle after the repair has been completed. The rule would mean eliminating an enormous amount of paperwork for H.R. Ewell, Inc., according to Phyllis Wells. She said each driver spends about 15 minutes a day completing VCRs for each piece of equipment, including the truck and multiple trailers, and the administrators spend 2-3 hours a week filing. Karen Hood of ECM Transport, LLC, said, “I think eliminating reporting there is NO problem would make it a lot easier to follow up and catch problems when they are reported or need to be reported.” Eric Skelton of Earl R. Martin, Inc., said they currently audit and save DVIR documents both electronically and as hard copies, and they absolutely favor any reduction in paperwork. Thirty drivers spend 15 minutes a day five days a week, adding up to 37.5 hours a week. Administrators spend 6-10 hours a week dealing with the reports. He said, “In an over-regulated industry, it is stimulating to hear of someone trying to reduce the work necessary to be in compliance. Thank you, Mr. Foxx.” Jeff Mercadante of Pitt Ohio said it would save them paperwork and time. Pitt Ohio’s drivers spend a total of 18,000 hours a year doing the inspection reports. But he said, “They need to ask more carriers what their thoughts are before making rule changes.” Smoke Dehoff of Rutter’s Dairy, Inc., does not think it is a good plan. “It’s not a big deal. I would rather get one daily. That way I know the driver didn’t miss something.” Woody Yarwood agrees. “On the surface, it sounds to be a good plan, but the details would be in how the reg is written. It might be a good idea to require a check box (yes or no) on the log that would indicate a repair/ problem DVIR was completed.”

PENNTRUX 13

On the Cover Drug and Alcohol Testing — The Scientific Shortcomings and Practical Challenges Y

our newly hired driver is eager to get out on the road. But before he starts working, you must get a urine specimen from the driver, have it analyzed for drug use, and receive a negative report. It’s not an especially warm welcome for the driver, but it’s required by the U.S. Department of Transportation Federal Motor Carrier Safety Administration. DOT recognizes only urinalysis as a valid means for drug testing. Testing professionals say urinalysis is, pardon the pun, the “gold standard” for detecting the use of controlled substances — marijuana, cocaine, opiates, amphetamines and methamphetamines, and phencyclidine (PCP). Urine is one of three major specimens used in drug and alcohol screening, the other two being saliva and hair. Hair testing is gaining some attention in the trucking industry, thanks in part to the Trucking Alliance and other interest groups, but both drug screening methods have pros and cons.

“Making the industry safer is the goal. I believe that we all want safe, responsible drivers on the road.” Sonya Kivisto Transportation attorney with Marcello and Kivisto, LLC. Bob Snavely, president of American Drug and Alcohol Diagnostics, LLC, said a major benefit of hair testing is that it is virtually impossible to adulterate or substitute if your company has a tight test protocol. Hair testing also eliminates the need for a waiting time. Sometimes with urine testing, you have to wait two or three hours for a specimen. Drivers are permitted three hours to produce a urine specimen.

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Dr. Todd Simo, medical review officer for HireRight, said he’s a “big fan of urine. If the urine test comes back positive, that is a defensible and true result. If you run a tight program, you can do detection and deterrence.” Running a tight program isn’t easy, however, and drug users know what measures to take to subvert the system. Simo said there are thousands of products available online to adulterate a urine sample. A person can take diuretics to dilute it, drop something into the sample to oxidize or metabolize the drug traces, use synthetic urine, freeze dried urine, or someone else’s urine. He said if you are a drug using truck driver, you are fairly savvy about how to beat the test. Snavely said, “It goes back to the employer. We train supervisors to give absolute zero notice (of a drug test). Where we get into problems is when they call someone and say, ‘Hey, Sam, you have to go to the clinic for a drug test.’ That opens the opportunity for substitutions, all kinds of things. Our drug testing is all done on site. Supervisors are trained to test with zero notice.” A recent article by The Trucking Alliance said the Government Accountability Office led an undercover investigation into vulnerability and shortcomings of DOT’s drug testing requirements and found kinks in the armor. The investigation showed that 75% of test sites failed to restrict access to substances that can dilute or adulterate a specimen (soap, clean water, air freshener). The Trucking Alliance advocates incorporating hair testing into company policies for the pre-employment screening process and random testing. It recognizes the fact that HHS and DOT don’t require hair testing, so companies must pay for both urinalysis and the more costly hair testing method. But it believes that if more companies were given the option to use hair testing in lieu of urinalysis, it would relieve the financial burdens of unnecessary and duplicative testing. Many argue that most common drugs used among drivers — opiates, amphetamines, and cocaine — are erased relatively fast in urine. Urine samples are usually clear of evidence of drug use within 48-72 hours. Hair

can’t study for a hair test like you can for a urine test. That’s more a win than when you catch someone,” he said. From a motor carrier’s perspective, any company that is risk adverse has looked at it hard and may be implementing it. They want to be as safe as possible. Every time you catch a person who is going to do drugs, you will save up to $15,000 a year, Simo said. That includes accidents, workers’ compensation, medical insurance, time off. Drug users are five times more likely to have used workers’ comp. However, it’s a jagged pill to swallow. Hair testing costs two to three times that of urine testing. And you still have to do the urine tests. Another question that comes up about hair tests is, what if a person doesn’t have any hair? “If someone shaves his entire body, and you don’t have a negative screen on record, too bad for him. You don’t hire him. That doesn’t fall under ADA. If a person has a medical condition where he doesn’t have any hair, you put that in your protocol and use another type of test,” Simo said. Either body or head hair can be used for the drug test. specimens offer a longer retrospective window of detection time. Short-term abstinence will not mask drug use. Proponents to hair testing say it is especially useful in pre-employment testing. Snavely said the most common fine DOT is leveling on the industry involves the pre-employment drug test. According to the regulation, a new driver must be drug tested with a negative result before an employer can permit the driver to operate a CMV on a public road. Alcohol testing is permitted only if it applies to all CDL drivers. The employer must have a negative result before putting the driver on the road. Some send the driver out right away, before the results are back. “Typically, we have the results the next afternoon; 95% of negative results are back the next afternoon. It’s not that long to wait, yet some companies send them out after the test,” Snavely said. Hair testing does have advantages, besides the inability to adulterate or substitute. Simo also said many companies are advocating for hair testing as part of the pre-employment screening. There are both tangible and intangible benefits. “Companies that put on their website ‘We do pre-employment hair testing’ say the quality of their applicants has gone up. It is a deterrent to those who use drugs — they just don’t apply. You

Snavely said there is a blind period for hair testing. From the time a person uses an illicit drug, it could be 7 to 10 days, or sometimes more, before the hair collects the drug metabolites. Hair has to grow from the follicle. There is also an issue about hair color that sometimes confounds the situation. Certain drugs tend to collect at a greater extent in hair with more melanin (pigment). Simo said he has read studies about the melanin factor. Certain opiates concentrate more in darker hair than in lighter hair. But in the real world drug use, if you’re using cocaine, you’ll have cocaine metabolites in your hair. The bottom line is you will still be over the confirmation cutoff. Both yield positive results. The level doesn’t matter. Positive is positive. Another issue may arise over the lack of a split specimen. Typically, with urine tests, the collector splits the sample. One is tested and the other is held for testing in the event of a positive result or question. Sonya Kivisto, a transportation attorney with Marcello and Kivisto, said, “The absence of a split specimen can lead to issues with a positive test result. If there is only one specimen and that is used to do the testing, there is no second specimen to fall back on for retesting. If the driver raises an issue with the testing, then that would be problematic.”

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It must be company policy to collect two samples or split the original; you should not get a whole new specimen for a retest. Snavely said he counsels companies to do just that. With hair sampling, it is not a problem to split the sample at collection time. Another potential complication from a liability standpoint is if the person has long hair. Kivisto said a strand of hair will show drug use from months prior, which might lead to irrelevant test results for the present. If someone has long hair and had done drugs 12 months ago, that will still potentially be present in the hair, but it is not relevant to the accident the driver just had or even the test he just had. From a legal point of view, drug use a year ago is not defensible evidence. Speaking of post-accident testing, Snavely noted that post-accident tests are commonly mishandled. FMCSA says CDL drivers must be drug and alcohol tested whenever they are involved in a fatal accident, or receive a traffic citation resulting from an injury or vehicle-disabling accident. The alcohol test must occur within eight hours, and the drug test must occur within 32 hours. “We encourage clients to call us post-accident to make sure the proper tests are done. We provide non-federal custody. Pennsylvania law requires drug testing any CLD driver involved in any reportable accident with a CMV. You can use the same test for both Pennsylvania and federal, but it must be done,” Snavely said.

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Simo said it is worth the money to do hair testing to assure you have the barriers in place to make sure you don’t put a drug using truck driver on the road. Kivisto said, “Making the industry safer is the goal. I believe that we all want safe, responsible drivers on the road, whether they are in private passenger vehicles or commercial vehicles.” As the industry continues to learn and change, it will adopt the best and safest practices.

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PMTA names Drivers of the Month B

arry Wagner with Towaway Express, Inc. in Mechanicsburg is the January 2013 Driver of the Month. He has been professional driver since 1973 and with Towaway since 1998 and has more than 1.7 million accidentfree miles. Jackie Barry Wagner, PMTA’s January 2013 Harvilla, Towaway’s Driver of the Month safety director, said he always puts others’ needs before his own and has a positive effect on all he encounters on and off the highway. He’s spent additional time above and beyond his normal job duties serving as a mentor and lead driver. Wagner always takes the time to answer other drivers’ questions, whether it be about proper load securement, routing, or general federal DOT regulations. Just as important, he makes himself available if other drivers simply need a listening ear. Harvilla said, “Barry’s expertise and positive attitude have helped Towaway’s fleet of owner operators become more knowledgeable and team-oriented group of men and women. Barry remains professional and always possesses a great demeanor with customers, even during difficult situations. If we needed to choose one owner operator from our fleet to represent what Towaway stood for as a company, Barry Wagner would most certainly be our first choice.” He was Towaway’s Driver of the Month in January and November 2008, May 2009 and September 2010 and has participated in the Pennsylvania Truck Driving Championships. He and his wife Patricia have a son and a daughter and three grandchildren. In his free time, he enjoys fishing, hunting, camping, spending time in the woods by the lake, and spending time with his family and grandbabies. Paul Waite, Jr., is the February 2013 Driver of the Month. He is a professional driver with Friendly’s Ice Cream with 33 years of driving experience and 1.75 million miles. With many awards to his credit, Waite has 11 safe driving years with Friendly’s. He was Pennsylvania Grand Champion in 2010 and won first place in the five-

axle class in 2008 and 2009. Jane Gordon, Friendly’s safety director, said he is an excellent representative of the trucking industry for many reasons. “He visits driver’s education classes at local high schools and helps teach new teen drivers how to Paul Waite, Jr., PMTA’s February drive around tractor trailers. Perhaps most 2013 Driver of the Month important, Paul and his wife, Kathy, are foster parents who have fostered many children in crisis over the past several years. In 2012, they adopted their daughter who had been their foster child since she was a baby. At a time when they should be looking at retirement and relaxation, they decided to open their home and hearts to a toddler whom they had grown to love.” She said he is a safe, professional driver who is wellspoken, courteous and well-liked by customers and is always willing to go the extra mile to help out dispatch and the company. He “brings good things to our world,” she said. He is also active in his church. He and his wife have four children. William Charles (Chuck) Hundley, a driver with Towaway Express, Inc., is the March Driver of the Month. A professional driver since 1975 with more than 1.2 million career miles, he has never had an accident. In the nomination letter, Towaway’s safety director, Jackie Chuck Hundley, PMTA’s March Harvilla, said she Driver of the Month recommends Chuck as Driver of the Month for “displaying a high degree of excellence in his attitude and dependability as an owner PENNTRUX 17

operator. Chuck is our ‘go-to-guy.’ He never complains and is always open and willing to go wherever he is needed. His constant upbeat attitude and comic relief is always a breath of fresh air when things get tough out on the road.” She said his positive demeanor is contagious, and he constantly exceeds expectations. He is meticulous in his job functions and takes his owner operator responsibilities seriously. Hundley was Towaway’s driver of the month in April 2008 and September 2012. He enjoys building model semi-trucks. He and his wife, Brenda, have a son and daughter and two grandchildren. Dale Knox with Con-way Freight is the April Driver of the Month. In his current position as driver sales representative, he has driven more than 1.6 million accident-free miles for Con-way Freight but has driver more than 3.2 million miles in his 37-year driving Dale Knox, PMTA’s April 2013 career. Chris Bott, director of operations Driver of the Month for Con-way Freight, said, “He is also a safety driver trainer for the Con-way Freight Erie service center. In his

position, Dale trains all new employees on the company safety initiatives and will train all employees on any new safety initiatives. He is also involved in multiple projects that cultivate and strengthen employee relationships and engagement activities. He has not only fulfilled, but has exceeded the expectations of management in each of these important functions.” Bott said he is always the first to organize group activities and has very strong personal relationships both inside and outside his work environment. “He also has a high level of moral and ethical standards that have been critical to his personal and professional development,” he said. Knox competed in the Pennsylvania Truck Driving Championships for many years and has won Pennsylvania Grand Champion three times. He won the National Truck Driving Championships in the tanker class in 2001. He is a member of Pennsylvania’s Road Team. He boards horses and spends time with his family. He and his wife, Candy, have a daughter and a grandson.

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Northland is a proud member and supporter of the Pennsylvania Motor Truck Association.

5/2/13 4:39 PM

PGT Trucking Acquires Liedtka Trucking P

MTA member company PGT Trucking, Inc., one of North America’s leading flatbed carriers, announces the acquisition of Liedtka Trucking, headquartered in Trenton, N.J. Liedtka Trucking, founded in 1964, specializes in flatbed and specialized hauling. Their lanes are primarily in New England, the Mid-Atlantic, the Southeast and Midwest. “The acquisition of Liedtka Trucking allows us to expand our footprint into New England and the MidAtlantic to service some additional customers on the eastern seaboard that we previously did not have the opportunity to engage with,” said Gregg Troian, president of PGT. “Plus, their terminal locations allow PGT Trucking the ability to diversify and expand the types of products we move as well as grow our fleet and driver count while the rest of the industry is struggling to grow.”

The acquisition will add four terminals in the Northeast to increase PGT’s total terminals strategically located across the United States to 31. Phil Liedtka, president of Liedtka Trucking, will become vice president of eastern operations at PGT and be based in Trenton. He said, “Liedtka Trucking has enjoyed being in business for almost 50 years. We look forward to this next chapter with PGT Trucking and are very excited to join an industry leader in the flatbed and specialized hauling business.” PGT operates more than 1,000 trucks and is headquartered in Monaca. Other locations include 31 terminals located throughout the country.

Industry Asked to Rank Top Concerns T

he American Transportation Research Institute (ATRI), the trucking industry’s not-for-profit research organization, recently launched the 2013 Top Industry Issues Survey. The annual survey, commissioned by the American Trucking Associations (ATA), asks trucking industry stakeholders to rank the top issues of concern for the industry along with appropriate strategies for addressing each issue. The survey is in its ninth year, and participation by trucking stakeholders has grown each year. “In complex times like this it is critical that we do our part to help ensure a thriving future for the trucking industry,” said ATA Chairman Michael Card, president, Combined Transport, Inc. “With your participation, we can speak with a collective industry voice on what’s most important to us.” The results of the 2013 survey will be released at the ATA Annual Management Conference and Exhibition, to be held Oct. 19-22, 2013, in Orlando. Industry stakeholders are encouraged to complete the survey online at www.atri-online.org.

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SafetyCheck Attention All Drivers with a Hazardous Materials Endorsement By Kevin Stewart, Director of Safety Hazardous Materials Endorsement Fingerprint Process Changing

he USA Patriot Act requires all drivers wishing to obtain a hazardous material endorsement to complete a security threat assessment. The security threat assessment is an investigation that involves a criminal background check to include the submission of a driver’s fingerprints to the FBI. The Pennsylvania Department of Transportation has announced that effective Monday, August 12, 2013, fingerprinting will no longer be conducted by the Pennsylvania State Police. PennDOT has contracted with 3M Cogent, a private vendor who is on a statewide contract and has been approved by the FBI.

The $34.00 Transportation Security Administration fee will be paid upon submission of the Hazardous Materials Endorsement Application for Security Threat Assessment Form (DL-288) in the form of a check or money order made payable to “PennDOT”.

Drivers will need to register with 3M Cogent either online at www.cogentid.com or by calling 1.888.439.2486. Registration online is the preferred method as drivers will need to provide certain demographic information that is required by law. The vendor maintains numerous fingerprint service sites across the Commonwealth. The fingerprint site locations and hours of operation, which may vary between sites, are available online at www.cogentid.com, click PA link, click PennDOT link, and then click Fingerprint Sites. Some locations will require a driver to schedule an appointment for fingerprinting.

Need to know where to get your fingerprints done?

The current security threat assessment fee of $60.00 will be unchanged. Drivers will, however, need to pay the Transportation Security Administration fee of $34.00 and fingerprint fee of $26.00 separately, with the fingerprint fee being paid directly to 3M Cogent. The fingerprint fee can be paid online at the time of registration using a debit or credit card or at the fingerprint site by cashier’s check or money order. Fingerprint locations will not accept cash, personal checks or electronic payments.

For more information, visit www.dmv.state.pa.us

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For detailed information about the new fingerprinting process, visit www.dmv.state.pa.us and click on the “Updated Hazmat Fingerprinting Process” button.

Visit www.cogentid.com Click PA link Click PennDOT link Click Fingerprint Sites

PMTA 2013 Seminar Schedule Recognition of Substance Abuse Training for Supervisors – Presented by PMTA Seminar includes discussion and videos to help in determining reasonable suspicion of alcohol misuse and/or use of controlled substances by employees. The training meets the federal requirements of Part 382.603 – 3 HOURS

Tuesday, October 29, 2013 – 9:00 am – 12:00 pm $100 – member $185 – non-member Hours-of-Service Compliance Seminar – Presented by PMTA Seminar includes review of 49 CFR, Part 395, related interpretations and exemptions, along with work projects on familiarization and auditing a driver’s Record of Duty Status (logbook) – 5 HOURS

Additional Date – September 18, 2013 – 9:00 am – 3:00 pm Tuesday, October 22, 2013 – 9:00 am – 3:00 pm $150 – member $225 – non-member DOT Compliance Seminars – Presented by PMTA Attending this class will better prepare you for compliance to CSA. The seminar will include discussion and overview of state and federal laws and regulations governing the motor carrier industry and commercial motor vehicles e.g. driver qualifications files, commercial driver licenses, hours of service, drug and alcohol tests, etc. Each attendee will also receive the management edition of the current FMCSR Handbook.

Tuesday, September 10, 2013 – 9:00 am – 4:00 pm Tuesday, November 19, 2013 – 9:00 am – 4:00 pm $150 – member $225 – non-member Motor Fleet Safety Basics/Managing Motor Fleet Safety Programs – Presented by NATMI This is a comprehensive course on all aspects of fleet safety.

October 1 – October 5, 2013 – 8:30 am – 5:00 pm $1475 OSHA General Industry Outreach Training Program – Presented by PMTA and Great West Casualty Company The program is intended to provide instruction on a variety of general industry safety and health standards. This is a 10 hour certificate course. Course completion cards do not expire.

Required 2-day attendance Thursday, September 26, 2013 and Friday, September 27, 2013 – 9:00 am – 3:00 pm $225 – member $325 – non-member All seminars are presented at PMTA Headquarters, 910 Linda Lane, Camp Hill, PA 17011 unless otherwise noted For any questions or REGISTRATION FORMS, call PMTA at 717.761.7122 or e-mail Carol at csmore@pmta.org Register online at www.pmta.org/seminar

New Address? I f you have a new address, phone number or email address, please let PMTA know. We want to make sure you continue to receive news and information that help you as a trucking industry professional. Use this form to notify us of any changes. Old Address _____________________________________________________________________________________________ Name ___________________________________________________ Company ______________________________________ Phone ___________________________________________________ Email __________________________________________ New Address ____________________________________________________________________________________________ Name ___________________________________________________ Company ______________________________________ Phone ___________________________________________________ Email __________________________________________ Return this form to PMTA, 910 Linda Lane, Camp Hill, PA 17011, or fax to 717.761.8434 PENNTRUX 21

President’s Prize Each year, PMTA’s president awards a special prize to the person who has excelled in sponsoring new members during the membership year (May 1, 2013 to April 30, 2014). Recruiting new members for PMTA isn’t difficult. When you are talking to colleagues or clients, mention how you benefit from PMTA membership. PMTA member companies have a greater driver retention rate than non-member companies, a fact that is sure to resonate with any trucking company. On behalf of its members, PMTA communicates daily with the Pennsylvania State Police, DEP, Department of Revenue, PUC, FMCSA and many other agencies that affect your businesses. PMTA can help you stay current on the hot issues and can be your backup system for information on regulations, rules, taxes, drug tests, environmental regulations and much more. If you need more information on how PMTA can benefit a business, contact us at 717.761.7122. Current PMTA members are the best advocates for the association. Everyone in the trucking industry needs to be concerned about your business, the industry, the state and the nation. Join PMTA in the forefront in battling those who propose rules and fees and mandates that would cripple companies and the industry.

The President’s Prize is based on a point system — three points for a new carrier member, two points for a new trade member and one point for a new associate member. The prize is a navy blue blazer with the PMTA keystone logo and two free registrations to PMTA’s Annual Management Conference, excluding meals, hotel and activity costs. Any employee from a PMTA member company may compete for the prize. Only paid-in-full memberships that have the sponsoring member’s name written in the space provided will be recognized. Sponsor’s names cannot be changed once they are submitted to state headquarters. The statistics are current as of August 12, 2013.

Sponsor Company Chapter Total Shawn Cassell

Mainline Excavating, Inc

South Central

Mark Laurusevage Great West Casualty Co.

Northeast

Brian Becker

FedEx Ground

York/Adams

Lana Rote

Eastern Industries, Inc.

North Central

Welcome New Members PMTA takes pleasure in welcoming the following new members who have enrolled in August and salute those who secured them. Any new member not listed with an individual sponsor was secured by State Headquarters or a PMTA chapter. All new members are from Pennsylvania unless otherwise noted. (Chapters are in parenthesis) John Ammons John L. Ammons, Inc., Danboro (Philadelphia/Delaware Valley)

Be Seen. Be Heard.

Adam Freed Eastern Industries, Inc., Winfield (North Central), Sponsored by Lana Rote

Member of the Month Congratulations to Lana Rote chosen as PMTA’s August Member of the Month. Lana is a member of the North Central Chapter, and we all applaud her efforts. You, too, can be eligible to become Member of the Month. Each month, any member who has recruited a new member will be entered into a drawing, and from that drawing a Member of the Month will be chosen and will receive special recognition in Penntrux and an award from PMTA. 22 PENNTRUX

To advertise in this publication contact Alexis Kierce, Account Manager alexis@thinkgraphtech.com

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Chapter/PMTA Activities Please join the Lancaster, South Central and York/Adams

chapters for a special open house, hosted by Utility/ Keystone Trailer Sales, Inc., in Manheim on Thursday, Oct. 17, 5-8 p.m. Dinner buffet is 5-6:30 p.m. Industry specific vendors will display, and there will be door prizes and an iPad giveaway. The event is free. To register and for more information, go to www.utilitykeystone.com/pmta2013.

The Lancaster Chapter’s annual family picnic is Saturday, Sept. 14, at the Clipper Stadium in Lancaster. Enjoy a picnic and a Barnstormers baseball game. For more information, contact Kelly Hawthorne at 717.492.0742 or kelly.hawthorne@fsitrucks.com. The Lancaster Chapter is holding the second annual PMTA Motorcycle Ride on Saturday, Sept. 21. All proceeds benefit the Lancaster Chapter PMTA scholarship fund. Cost to participate is $20 for drivers and $10 for passengers, and it includes lunch. Lunch only is $10. Five Star International in Mt. Joy will provide lunch. To sign up, email kelly.hawthorne@fsitrucks.com. PMTA’s Driver Health and Wellness Fair is Tuesday,

Sept. 17, at the TA/Petro in Harrisburg. This is part of a nationwide event, coordinated by the Truckload Carriers Association, during National Truck Driver Appreciation Week. Plan to attend and participate in health screenings, demonstrations, games and fun. The fair is 3-7 p.m., and it is free to attend.

The 2013 TruckPAC golf outing is Wednesday, Sept. 25, at Armitage Golf Club in Mechanicsburg. Foursomes are accepted on a first-come, first-served basis. Registration begins at 10 a.m., followed by lunch. Shotgun start is at 11:45 a.m., with dinner and awards following at 5 p.m. Cost per golfer is $125, and that includes green fees, cart, full use of practice facilities, lunch, tee gifts, refreshments on the course, and dinner. Your participation is important to the industry throughout Pennsylvania because proceeds benefit PMTA’s TruckPAC, our political action committee. Funds generated will allow PMTA to continue our high visibility in the state capital. Sponsorships are available. For information, go to www.pmta.org or call 717.761.7122.

CMV Inspection – PMTA safety director Kevin Stewart demonstrates a commercial vehicle inspection for attendees at the Northeast Chapter’s seminar on July 17. Both members and guests learned what inspectors look for and how to prevent out-of-service violations. Stewart is available to present to chapters, groups and companies on many compliance and safety topics.

Friendly competition – The South Central Chapter’s annual golf outing was July 23 at Mayapple Golf Course in Carlisle. About 80 golfers enjoyed the day, including, from left, Doug Marcello of Marcello and Kivisto, LLC, Sonya Kivisto of Marcello and Kivisto, LLC, and Barry Wertz of D.M. Bowman.

PMTA’s Safety Management Council meets monthly on the third Thursday of each month except for during June, July and August. The next meeting is Sept. 19. For more information, contact Dean Riland at driland@pmta.org.

PENNTRUX 23

PennTrux September Word Search Word Search by Myles Mellor Find the trucking words listed below incrosswords the puzzle and each circle Myles Mellor is one of the top crossword writersand in thephrases world, publishing more than 100 and puzzles month. He has published over 6,000 crosswords in newspapers, magazines, electronic devices and websites in the U.S. and internationally them. They may run across or up and down or diagonally in any direction. and has By Myles Mellor

published numerous crossword books in Barnes and Noble and Books a Million stores nationwide.

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