Industry Experts Focus on Workforce Updates as Supply Chain Struggles, Jay Stefani Weighs in on Safety Concerns

December 1, 2021 by Levinson and Stefani Leave a Comment

At the recent U.S. House of Representatives transportation panel, President of American Trucking Associations, Chris Spear, explained that finding solutions to current nationwide supply chain concerns should come primarily from trucking industry workforce improvement policies.

Federal transportation policymakers were urged to consider supply chain improvement proposals at the hearing by a variety of leaders in the transportation industry. Some of these potential initiatives brought to light during the discussion included an industrywide workforce development project and other methods of combating the ongoing truck driver shortage.

In fact, ATA’s Spear noted that training-focused funding throughout the most important sectors of freight would be paramount to overcoming the shortage of 80,000 drivers–especially with these problems so exacerbated by the pandemic era and the boom of e-commerce and accessibility issues that came with it.

“The COVID-19 pandemic brought with it the temporary closures of state [departments of motor vehicles] and truck driver training schools, which dried up the already-fragile pipeline of new drivers entering the trucking industry,” he said in a push for funding from the Transportation and Infrastructure Committee. “This pipeline is still slow and inefficient today. As a result, companies working throughout the nation’s supply chain are facing higher transportation costs leading to increased prices for consumers on everything from electronics to food.”

President Joe Biden’s Infrastructure Investment and Jobs Act includes an apprenticeship pilot program that has been strongly supported by ATA, as it will allow trained drivers under the age of 21 to operate commercial motor vehicles in interstate commerce. The initiative also allows for the implementation of a training program for even younger drivers (between 18 and 20 years old) to drive Class 8 trucks across multiple states.

“The driver shortage is a looming threat that, if unaddressed, could destabilize the continuity of trucking operations with ripple effects across the supply chain that will be felt by everyday Americans,” lamented Spear, emphasizing the need for these apprenticeship programs.

Regardless of a shortage, keeping safety the priority is imperative when bringing these new and young potential truckers to the industry.

“There is nothing wrong with trying to increase the number of truck drivers to meet the needs,” said Levinson and Stefani’s Jay Stefani. “But along with the push to hire more people, there needs to be an equal increase in safety and training programs. Bringing in new drivers means bringing in inexperienced drivers–drivers who don’t have a lot of miles behind them.”

It should also be common sense that allowing these truck drivers to enter the industry in the midst of the winter season’s inclement weather is something to be avoided, as well, Stefani added.

“That is especially critical when you consider hiring inexperienced drivers right when winter is upon us,” he continued. “Driving a tractor-trailer in snowy, icy conditions is not the same as driving your four-door sedan in that same weather.”

Still, many industry experts made clear their desire to focus on efforts that would work to boost the supply chain as it stands.

“[Transportation Intermediaries Association] members continue to be industry leaders in the technology space, as they must constantly innovate to address an ever-evolving and growing industry,” said CEO and president of TIA, Anne Reinke. “For example, our members utilize the latest technology to facilitate the movement of freight from one point to another. These solutions include maximum freight visibility with real-time data, automation in the back-end office, and utilizing artificial intelligence.”

It’s also important to look toward the supply chain’s relationship with the current environmental regulations at hand, according to Association of American Railroads’ president and CEO, Ian Jefferies. At the panel, Jefferies asked Congress to make sure federal regulations set forth through the National Environmental Policy Act won’t hinder any new infrastructure coming about.

“Federal agencies should promulgate regulations that allow for careful, thorough consideration of the environmental impacts of proposed projects but in a time-limited manner that does not cause unnecessary delay,” he said. “Such an approach would expedite projects that enhance supply chain fluidity but would not prevent comprehensive, effective environmental reviews from taking place.”

These upcoming infrastructure projects are part of Biden’s $1 trillion infrastructure bill.

“The bipartisan law will modernize our ports, our airports, [and] our freight rail to make it easier for companies to get goods to market, reduce supply chain bottlenecks–as we’re experiencing now,” said Biden, “and lower costs for you and your family.”

Truckers Go Above and Beyond to Bring Giant Christmas Tree to US Capitol

November 30, 2021 by Levinson and Stefani Leave a Comment

With the help of many transportation workers, the Capitol Christmas Tree, an 84-foot white fir, has arrived at the U.S. Capitol Building.

This year’s giant tree made its way across the country in late October, beginning in the Mad River Ranger District of the Six Rivers National Forest in California. Then, System Transport began trucking the tree across the United States as the official designated carrier for the Capitol Christmas Tree.

The 84-foot tree is one of the largest firs ever chosen for the event and was transported by a Next Generation Kenworth Truck Co. T680. This is the eighth year in a row a Kenworth big rig has hauled the capitol’s special tree.

“It’s been quite an honor for us to be a part of this,” said Kenworth’s director of marketing, Genevieve Bekkerus. “It’s something that we definitely look forward to every year.”

Scheduling and preparation for this tree-hauling typically begins about a year before the start of its trek, and a new location from which a tree is selected is chosen every year. The Capitol Christmas Tree tradition has lasted for 51 years now as a collaboration between the United States Forest Service and its partners. Of course, the tree has become affectionately known as the “People’s Tree.”

“This project would not be possible without partners and without partnerships,” said Choose Outdoors director of communications and sponsorships, Jodi Massey. “It’s a Forest Service project, but really, truly where the magic happens is [in] partnerships, and in particular, [with] those in the trucking industry that help us bring this project to life every year.” Choose Outdoors works closely with the Forest Service and its partnership initiatives.

Two teams stepped up to the plate to get this tree to Washington, and System Transport made sure six different drivers were available to handle each necessary segment of the journey. One such driver included Jeremy Bellinger, who has driven 2.5 million miles with System Transport over the last 21 years. When he heard his company would be hauling the tree, he called his supervisor right away to get involved.

Still, transporting this holiday cheer is a whole different ball game for most truckers, and this particular trip included 25 separate stops for the people within both rural regions and at large events to catch a glimpse of the tree–especially around the state of California where the tree originated.

“A lot of [the areas we stopped in] were small communities,” said one of the Capitol Tree’s drivers, Bill Brunk. “It was really cool to see the small communities come out–they were really excited about the tree.”

One particular stop for the giant tree was in Chillicothe, Ohio, the home of the Kenworth plant where the tree-hauling truck was manufactured.

“The folks there, at the Chillicothe plant, were really, really impressed with the event,” said Bekkerus. “They were really happy to see their project on the road. There’s so much passion and so much pride that goes into every build.”

An especially heartwarming stop for the tree was at the CoxHealth Dee Ann White Women and Children’s Hospital, added System Transport’s Bellinger.

“[At] the children’s hospital in Springfield, Missouri, we backed up in front of the hospital and the kids were coming out to the windows,” he recalled. “They were happy to see the truck.”

Each year’s Capitol Christmas Tree has a specific theme–this year’s is “Six Rivers, Many Peoples, One Tree,” in reference to the Six Rivers National Forest from which the tree was chosen. The tree’s public display also includes a banner for visitors to sign their names as they learn about the tree’s trip across the U.S.

“We brought a small piece of a California national forest that’s famous for its redwoods, famous for its sequoias,” said U.S. Forest Service spokesperson, Samantha Reho. “And we brought it to each community that we went to.”

The U.S. Capitol Christmas Tree will be lit at a ceremony on the building’s West Lawn tomorrow, December 1st.

As for the truckers who worked those long hours to make sure the tree reached its final destination?

“They’re kind of our Santas,” said Reho.

Vaccine Mandate for Transportation Workers Likely, Industry Experts Worry

November 29, 2021 by Levinson and Stefani Leave a Comment

The trucking industry is facing concerns that a federal vaccine mandate for truck drivers may exacerbate the long-lasting truck driver shortage. Now, the worry lies with mandating vaccines among all transportation workers.

“We are encouraging the vaccinations and we are working–corporate America in general–is working aggressively to try to protect their workforce and work with their workforce to make vaccines available,” said Derek Leathers, CEO of Werner Enterprises at the 51st annual Baird Global Industrial Conference. “We’ve done on-site vaccination clinics, we’ll continue to do that. But the mandate was a great concern to us.”

Early in November, the Occupational Safety and Health Administration issued a mandate that private companies with 100 or more workers would need to require employee vaccination or weekly testing. However, the rule has been challenged and subsequently stayed by a federal court, although it was scheduled to go into effect in January.

American Trucking Associations, along with other industry groups, have challenged the legislation, even though the rule would offer exemptions for those working remotely or who have minimal contact with other people. This rule would indeed apply to solo-working truckers.

“When we saw the final rule come out, our interpretation right away was that, clearly–minimum contact and remote work is excluded–you just described the American truck driver,” said Leathers. “We do believe they should be excluded.”

The argument here, according to Leathers, is that truckers typically have lower infection rates than the rest of the country, although testing and vaccinations should be required for large groups of truck drivers gathering for meetings or events.

Additionally, the driver shortage may worsen should a mandate be implemented, as many truckers entered the industry due to the autonomy available in that particular career path. The trucking demand following the pandemic era’s e-commerce boom has also boosted demand to unprecedented numbers, furthering the shortage itself.

“Demand is obviously strong,” said Leathers. “If you go back to the summer of 2020 and, really, through now, we’ve seen volumes that, more often than not, mimic what a traditional peak season has looked like. Certainly, by [Quarter] 2 of this year, we saw pre-load levels and volume levels that were very close to what a traditional peak would look like. The network can only handle so much more.”

Therefore, retaining the truckers the industry still has is of the utmost importance.

“We also know there’s a group that chose to be truckers because of an independent spirit,” Leathers added. “Mandating things for groups like that can be disruptive at a time when the supply chain can ill afford any more supply chain disruptions.”

The current high demand in overall freight will likely continue deeply in 2022, allowing the current obstacles to continue on–especially given a probable strong peak season coming soon.

“On the supply side, I think the driver shortage is here.,” said Leathers. “It’s real, it’s not getting better, it’s as difficult as I’ve ever seen. The OEM manufacturing issues are probably more real than I’ve ever seen. It’s a bit of a different ingredient to the cycle that we haven’t seen in past ones.”

The federal infrastructure bill will also likely bring about higher freight demand, although the industry doesn’t expect to see change due to the new legislation until later in 2022.

Additionally, many trucking companies haven’t been able to meet demands for truck replacement levels as the supply chain disruptions, along with the truck driver shortage, have led to a semiconductor chip shortage, as well.

“On the demand side, more workers are coming into the workforce each month,” noted Leathers. “You’ve got GDP growth that is still very strong, a lot of savings rates that have increased during the pandemic. You put all that together, and we think it’s definitely stronger for longer and certainly have confidence well into 2022. In my personal opinion, I think this goes through 2022.”

The mandate will also bring heightened strain as it would affect all transportation workers, in addition to many truck drivers.

“We have a lot of mechanics, a lot of warehouse folks–so, it’s going to cause a lot of disruption if that vaccine mandate stands,” said J.B. Hunt Transport Services Inc.’s chief operating officer and president of dedicated contract services, Nick Hobbs. “We’ve been prepared in case the mandate came out and was going to stay effective.”

Truck Drivers Gear Up for Winter Weather, Industry Experts Offer Safety Tips

November 28, 2021 by Levinson and Stefani Leave a Comment

“As soon as you stop using the air conditioning, that is the time to start winterizing the vehicle. That will change year to year,” said the safety supervisor at Prime Inc., Dennis Davis. Typically, trucking fleets will begin the winterization process in early September.

These precautions come due to weather unpredictability with the fluctuating low temperatures and seasonal changes between September and March. Many truckers work along routes that are susceptible to blizzards, and early preparedness and winterization is the best method of making it through elemental obstacles in order to keep both truck and trucker as safe and operational as possible.

Driver safety training is typically offered by fleets year-round, but is doubly important at the start of the winter season. Still, this winterization process should keep truckers mindful throughout the entirety of winter and early spring.

“It’s probably not a surprise that many of our trucking cases involve crashes on snowy, slippery roads,” explained Levinson and Stefani’s Jay Stefani. “While truckers can’t control the weather, the rules say they must drive with ‘extreme caution’ during hazardous conditions. And, if the weather is really bad, they are required to pull off the road.”

Because of this, Stefani urges passenger drivers to leave plenty of space for heavy-duty trucks in any kind of inclement weather.

“It is a lot harder to maneuver or stop an 80,000-pound tractor trailer when the roads are covered in ice and snow,” he said. “So, when you are driving on the roads and highways this winter, be sure to give those trucks plenty of room–don’t slide into the lane in front of them thinking they can just slow down.”

Truck driver education is vital to a fleet’s overall safety, and drivers should continue working on their own training continuously, especially when it comes to working a block heater or implementing fuel additives to prevent gelling, explained senior vice president of equipment and properties at J.B. Hunt, Nathan Smith.

“Every week, we send messages out to drivers to tell them little tips, “ he said. “We have a maintenance tip every week–we start reminding them that winter is coming and to make sure they have the proper gear in their trucks.”

Drivers should always have the necessary items on hand for any winter-related situations or emergencies, such as blankets, hats, gloves, scarves, water, food, and a fully-charged cell phone battery. A driver should also have fuel additives, jumper cables, working wiper blades, salt and ice melt, an ice scraper, and a lighted extension cord.

“We have a fleet support team of over 150 people who are just dealing with breakdown situations for a driver, 24/7, with the goal of responding to any driver in under a minute and 10 seconds,” Smith added. “We check back with drivers every 30 minutes to make sure they’re in good shape and let them know when help is on the way and give them updates. We don’t want anyone left out in a winter situation without a lifeline.”

Drivers should always have a spare pair of wiper blades, in addition to newly-installed blades, for the winter season, added Day & Ross’ senior director of maintenance, Matt Trites. Wiper blades are often neglected, but keeping these working properly in the wintertime is of the utmost importance.

“If there is the slightest bit of cracking or wear, it is a good idea to change the blades,” he said. “You will need those in the wintertime to remove snow and ice from the windshield. If you can’t see clearly out your windshield, that puts you in a very, very hazardous place.”

Truck batteries also need to be working perfectly and holding a charge in the winter, as batteries often freeze when not fully charged. Additionally, drivers may turn their ignitions multiple times in cold weather to start the engine, which drains the battery.

Tires should also always be in decent condition any time a driver is on icy or snowy roads.

“Tires have to be a good tread depth,” added Trites. “We recommend an aggressive tread with respect to traction–a good traction tire that has a good amount of tread still left on the tire is imperative for traveling in the winter on snowy roads.”

Finally, truckers should make sure their air tanks are drained to rid them of liquid condensation, so they can avoid the condensation turning to ice.

“Yes, it’s a chore, but it is much easier to crawl underneath and drain tanks as opposed to sitting on the side of the road because it froze up,” Trites noted.

Global Trucking Leaders Meet in Geneva to Discuss Pressing Transportation Problems

November 27, 2021 by Levinson and Stefani Leave a Comment

The International Road Transport Union, consisting of global transportation leaders, met in-person for the first time in two years to discuss the current obstacles regarding the environment, supply chain exacerbation, and the truck driver shortage.

“It was an opportunity to come together and discuss issues similar to what we do at [the annual Management Conference and Exhibition meeting],” said President of American Trucking Associations, Chris Spear. “We probably did not have one meeting that did not center around the driver shortage issue. It’s chronic around the world, and I think it’s amplified by the pandemic and the pressure it has put on the returning workforce.”

IRU held its November meeting in Geneva for industry experts around the globe; attendees included ATA’s Chairman, Harold Sumerford Jr. and Chief Economist, Bob Costello, along with Spear. Other transportation leaders from North America, South America, Europe, Asia, and Africa were also in attendance.

The truck driver shortage continues to be the current highest-priority issue in the United States trucking industry, as we are still currently short of 80,000 needed truckers–mostly for over-the-road work. This sector of the industry causes truck drivers to be on the road for days on end, which isn’t a very enticing job opportunity, especially given the work-from-home options now available to so many Americans post-pandemic.

ATA’s Costello noted that these problems are not unique to North America by any means, especially with so many drivers retiring early following the COVID-19 era or just reaching retirement age with so few younger drivers entering the industry.

“Not only do other countries have these issues, but they’re for the same reasons–it’s a high average age of drivers,” said Costello. “One of the things we talked about is that the European Union and the IRU are trying to lower the age for drivers from 21 to 18, like we just did in the infrastructure package.”

For drivers under the age of 21 to be trained to operate commercial motor vehicles in interstate commerce, a pilot program has been launched as part of President Joe Biden’s $1 trillion infrastructure bill.

Other countries are looking for ways to find similar solutions to help ease the shortage as much as possible.

“China has a labor shortage–a driver shortage–and it’s for the same reasons–lifestyle and time away from home,” added Costello. “We’re all very similar in that regard.”

Additionally, the issue around safe parking availability continues to be a major problem for American truckers–something that is also highly problematic in Europe, as observed by ATA.

“We saw this, personally, when we were driving on the highway,” said Costello of the parking problem in the EU. “There’s a lack of safe and secure parking in Europe. The trucks were lined up, even worse than they are in the U.S.”

American truck drivers and freight rail workers should look toward boosted collaboration with international counterparts, as well, Costello added.

“[These international industry members] were very interested in the much more collaborative modes in the U.S., and I explained to them that trucks and trains are much more complementary than competitors,” he said.

Still, global supply chain backup obstacles won’t see major solutions until later in 2022, many industry experts agreed.

“There are a lot of things we do not control, like a ship being stuck in the Suez Canal,” said Spear. “There are a lot of things that need to right themselves. We need to get people back to work, across all segments of the economy, not just trucking.”

To fix these issues, ATA has improved its collaborative efforts with the U.S. Environmental Protection Agency, Spear noted.

“We at ATA have demonstrated here in the U.S. our willingness to shape sound, lasting policies with our federal regulators,” he said. “We have been at the table. We are moving our industry in this direction.”

These efforts come after the European Union adopted carbon dioxide emission-reducing standards for new commercial trucks starting in the model year 2025, with even stricter targets coming for the year 2030.

“Europe is moving so quickly, and there is a growing disconnect between their ability to meet those technology timelines for adoption,” said Spear. “We have to have this conversation. They need to stop — in the U.S. and Europe — chasing rainbows and unicorns and start having a realistic discussion [about] how we can go green, and how quickly we can actually do and manage those expectations with the American people and the European citizens, respectively.”

Updates in 2021-2022 Edition of Ken Levinson’s Book Series

November 26, 2021 by Levinson and Stefani Leave a Comment

The 2021 to 2022 Edition of Litigating Major Automobile Injury and Death Cases, written by Levinson and Stefani’s own Ken Levinson along with Tom D’Amore, has some new updates in its latest version.

The two-volume series, which aims to offer legal and scientific insight regarding how best to prepare auto injury cases for the best possible awards, has some updated materials in Chapter 1, “The Importance of Law Firm Marketing.” This chapter covers how best to build your firm brand using internet marketing, organic and local SEO, and Google search result rankings, as well as how to use social media and email marketing to your advantage.

“This series is designed to provide plaintiff attorneys with clear guidance on representing major automobile injury and death cases, and strategies for winning large damage awards with the least expenditure of effort,” explained Levinson.

Additionally, Chapter 8–Depositions–is revised to look further into how to boost remote deposition success when so many depositions are now held over Zoom following the pandemic. Specifically, this chapter covers how to allow all participants to see exhibits and witnesses as clearly as possible, how to maximize your video and audio quality, and as how to minimize background or technical difficulty disturbances.

“Our objective is to help attorneys achieve maximum damage awards on behalf of their severely injured clients,” said Levinson. “The series features written discovery, depositions, medical, and other expert witness testimony, and aspects of automobile jury trials–as well as the necessary forms needed to handle a case from beginning to end.”

The series, published Thomson Reuters, is available here.