Tool to Better Understand HOS Changes Launched by FMCSA

January 13, 2021 by Levinson and Stefani Leave a Comment

As the trucking industry adapts to recent hours-of-service regulation changes which became official at the end of September, the Federal Motor Carrier Safety Administration has released a virtual tool aiming to help industry members fully understand the new rules.

The final hours-of-service rule was announced by former acting Administrator Jim Mullen, along with Transportation Secretary Elaine Chao, on May 14th and consisted of four revisions the FMCSA says align with the biggest concerns they’ve heard from truckers. These revisions include changes to the 30-minute mandatory rest break, sleeper berth time splits, and maximum on-duty driving times.

“New hours-of-service rules now in effect!” said FMCSA in a tweet. “FMCSA has built an online education tool for hours of service to help drivers and carriers understand the new rules.”

With the new Educational Tool for Hours of Service (ETHOS), users are able to input their duty statuses into a digital logging system and see potential regulation violations.

“September 29th is an important day for our nation’s commercial drivers–the start of the revised hours-of-service rules providing greater flexibility to drivers and carriers without impacting safety,” said Wiley Deck, FMCSA Deputy Administrator. “Our team has worked hard preparing for this launch. [ETHOS] is a prime example of that effort. Its simple, scenario-based system is user-friendly and very helpful, particularly given the uniqueness of runs and drivers situations.”

Industry representatives having a firm grasp of the new rules is of the utmost importance, and this tool is going to be a huge help in that regard, said American Trucking Associations vice president of safety policy, Dan Horvath.

“The more educational materials FMCSA can provide to safety directors [and] to drivers, the better, because folks are going to be on the same page as far as understanding the new hours-of-service rules and complying with them,” Horvath explained. “Unfortunately, as we’ve seen with past rule-making, there’s always some gray area that exists with confusion when there’s any rule change, whether it be hours of service, [or] whether it be any regulatory rule-making changes.”

With ETHOS, a user can enter the day, time, and type of event he or she wishes to examine against the rule changes, including both driving and off-duty occurrences. Then, the user can select a pre-populated example prepared with the rule revisions in place–such as driving window times, rest break requirements, or sleeper berth provisions. Then, ETHOS can give a Record of Duty Status regarding the given information that reflects the intervals of time spent on-duty, off-duty, driving, or resting. Finally, potential violations are listed occurring to the day and time they may have taken place.

According to Horvath, this kind of helpful visualization tool will play a huge part in helping trucking industry members better understand hours of service rules. Truck drivers, dispatchers, safety directors, and employers can create a “mock duty day” on ETHOS if they are used to looking at logbooks or electronic logging devices each day.

“That [method] is often a very easy way to understand the hours-of-service rules as compared to providing a driver with regulatory text and saying, ‘Here’s what you can and cannot do,’” said Horvath. “When you take that regulatory text and put it in the context of an actual logbook for that driver’s day, it’s a lot easier to understand, it’s a lot easier to train, and that way, everyone’s on the same page.”

Horvath also notes that because the ETHOS’ system is based on what industry members use in their usual day-to-day responsibilities, it is incredibly user-friendly.

“Having an example of something that drivers and safety directors are using on a daily basis is going to be much more beneficial to the industry in understanding it,” he said.

ETHOS is meant to be a helpful educational and visualization tool for truckers and safety directors, and will only find the potential violations at hand in a given situation. It is not meant to monitor overall hours-of-service rule compliance, according to the online tool’s website. FMCSA also will not retain any data entered within ETHOS.

To find more information regarding ETHOS and to begin using it, click here.

Jay & Dan Speak at Chicago Bar Association Tech Review

January 12, 2021 by Levinson and Stefani Leave a Comment

Managing partner, Jay Stefani, and associate attorney, Dan Terleckyj, were panel speakers for the Chicago Bar Association’s Law Practice Management and Technology Committee & Solo/Small Firm Committees’ Annual Tech Review on December 17, 2020. The webcast focused on new technology to assist firms during COVID, as well as recommendations and looking forward to 2021 and beyond.

Jay is the vice chair of the Chicago Bar Association’s Solo & Small Firm Committee. Dan is the current co-chair of the Law Practice Management and Technology Committee.

COVID Demand Calls For Boosted Efforts from Healthcare Fleets

January 12, 2021 by Levinson and Stefani Leave a Comment

Healthcare industry fleets have had to meet the demands of a world in the midst of a pandemic and utilize as many safety-focused operational methods as possible during this new reality.

McKesson Medical-Surgical vice president of transportation, Mark Rigdon, said that his company had to find a way to make faster and more efficient decisions in order to help everyone calling on them.

“There were many complex areas we had to work through,” he explained. “I think our teams were very effective at identifying problems, developing alternatives, making the decisions they could, and escalating other alternatives to senior leadership.”

McKesson put in place new protocols to protect its delivery drivers who joined other truckers working on the pandemic’s front lines. The safety procedures included implementing mandatory mask wearing, regular temperature checks, vehicle and equipment sanitization, and maintaining a 10-feet distance between drivers and others at all times.

McKesson also prefers that its more than 1,000 delivery workers use curbside delivery options when possible.

Cintas Corp. has been stepping up the plate too, and has been working hard to get N95 respirators and hand sanitizer where needed throughout the current health crisis.

“Our supply chain has worked feverishly to satisfy this demand,” said Cintas CEO, Scott Farmer. “I’m proud of their ability to adapt and persevere in the midst of unprecedented adversity.”

Cintas has also been delivering pandemic staples such as scrubs, towels, sanitizer sprays, disinfectants, and personal protective equipment–including face masks and face shields–to its healthcare customers as efficiently as possible.

“Our employee partners have been consistent and diligent in their care of our customers, providing essential products and services to healthcare facilities, pharmaceutical companies, grocery store chains, food processing plants, and many others,” Farmer explained.

Private fleets have the ability to make sure quality service levels can be provided to customers when the industry sees major spikes in demand, according to SJ Consulting Group founder, Satish Jindel. This is especially true when healthcare companies make use of contract carriers, and in times like these, the partnership stays strong.

“It is almost like a private fleet committed to you, but they operate the truck and provide the driver,” said Jindel.

In regards to a dedicated contract carrier model, various distribution companies have been utilizing the concept due to the continuity it can bring to employees, said Kenco Logistics vice president of operations, Michelle Kunde.

“We developed a corporate response team that worked with customers to ensure it adhered to all of the various regulations,” she said. Kenco brings a dedicated service to an array of customers throughout the healthcare sector, and has adapted its resources to the needs of that industry during this time.

Speaking of which, the COVID era has in fact increased the need for transportation companies to boost responses to industry changes, according to Ryder Supply Chain Solutions senior vice president of dedicated transportation solutions, Steve Martin.

“Now, you just have to be ready for it to be part of your day, every day,” he explained.

Ryder brings contract carriage service to healthcare customers, such as those requiring medical equipment and in-home respiratory services. The need for oxygen therapy hit a spike this year, so drivers had to be able to deliver the equipment when needed and also be able pick it back up to be cleaned and redistributed.

“We had to make sure the drivers had the oxygen equipment as a priority as a return shipment,” said Martin.

For Greenwich, Connecticut-based XPO Logistics, shipments to hospital networks rose by up to 40% as compared to typical numbers.

“The shipments were critical medical supplies, including masks, gloves, gowns, IV components, trays, and surgical kits,” said XPO North American transportation group president, Drew Wilkerson.

As trucking companies work to keep their drivers safe, they know the priority is getting PPE and other medical resources to hospitals and pharmaceutical companies quickly and efficiently, and to ensure all patients can receive their medications as expected during this time of astronomical demand.

Unitrans International Corp. president, Andrew Schadegg put it best: “That supply chain needs to remain intact.”

Supply Chain Employees Step Up to Heightened Roles During Pandemic

January 11, 2021 by Levinson and Stefani Leave a Comment

“We’re a distribution center. We’re not clinicians, but the thing we point out as we look at those videos is the bouffant cap, the isolation gown, the N95 masks, the booties and the gloves,” said supply chain distribution and logistics vice president at the Northwell Health Integrated Distribution Center, Paul Spodek. “We remind all of our associations, our employees, and our drivers that all of these items came from us.”

Spodek speaks about his watching of videos showing coronavirus patients leaving Northwell’s hospitals, as do many other employees at Northwell Health’s distribution center as they take in their key roles in the health care supply chain that has become so vital throughout the pandemic.

Northwell Health is the largest healthcare employer in New York, operating 23 hospitals and partnering with Penske Logistics for its supply and resource transportation needs.

“We did the receiving, the pick, pack, and ship, and the Penske drivers did the deliveries,” said Spodek. “What goes on behind the scenes is such a key part of the whole healthcare process.”

Penske has more than 1,100 drivers working within the dedicated contract carriage sector to deliver materials to hospitals, according to senior vice president of operations for dedicated contract carriage at Penske, Jeff Jackson.

“Each hospital is unique in terms of the delivery point,” he said, adding that there are even sometimes various delivery points in one hospital.

This is true at Northwell Health, and Spodek noted that Penske provides intense transport and loading training to its drivers that end up serving Northwell.

“Every one of our hospitals is different,” Spodek said. “The loading docks are different. The supply rooms are in different locations.” Northwell has items brought in on rolling carts and in plastic shipping totes, he noted. “We’ll wrap those and load those on a truck a certain way.”

To keep supplies moving, workers in warehouses and distribution centers also have to work quickly and efficiently, according to Spodek.

A McKesson distribution center in Dallas, Texas also stepped up to the plate after receiving a crucial call from American Medical Response. The group asked for 81 oxygen tanks for ambulances and crew heading to coronavirus hot spots throughout New York and New Jersey.

To meet demands, McKesson brought in additional automation to its distribution centers to help workers, and was then able to bring more efficient service to those in need–even during the huge upticks in demand.

“Team McKesson jumped into action and pulled together a multi-department crew that immediately took the job to heart and formed a fast-paced assembly line,” said Ammie McAsey, McKesson’s senior vice president of distribution operations. She added that the team was able to package all 81 requested oxygen tanks within a span of 30 minutes.

McKesson’s independent pharmacy chain, Health Mart, is also partnering with eTrueNorth–a U.S. Department of Health and Human Services contractor–as part of a collection site in order to boost access to coronavirus testing.

Testing supplies, customer support materials, and personal protective equipment were all brought together into a McKesson distribution center and shipped to all participating Health Marts throughout the country as part of national virus testing efforts.

“McKesson’s hub-and-spoke distribution network has enabled inventory to be deployed to hot spots on a daily basis,” said McAsey.

Mckesson has also been able to collect additional important products, including backup products, to be able to ensure equitable distribution and the proper allocation of supplies through business continuity planning, according to the company’s senior vice president of supply chain management, Chris Alverson.

McKesson also continues to collaborate with industry partners, government agencies, and manufacturers to be ready for pandemic-related shortages and to respond to higher-than-usual demands for medication and other resources.

Dependability is also high within Kenco Logistics, where company vice president of operations, Michelle Kunde, has a team working to provide high-touch, white-glove service. To meet accountability, Kenco facilities provide extensive training and coordination regarding the needs of every customer.

One aspect of Kenco’s responsibilities include the handling of temperature-controlled non-narcotic pharmaceuticals, which, of course, requires extreme care and expertise.

“We’ll have dry ice containers, so there are unique handling requirements that require experienced drivers,” said Kunde.

Trucking Industry Embraces Contactless Delivery and Electronic Bills of Lading in Midst of Pandemic

January 10, 2021 by Levinson and Stefani Leave a Comment

Electronic bills of lading are becoming more and more common as both trucking companies and customers adopt the technology as an extra precaution to keep truck drivers safe.

The coronavirus pandemic rages on, and shippers are still doing what they can to ensure the safety of truckers serving at the front lines of America’s pandemic response efforts. Many companies have already been using electronic documents in lieu of traditional paperwork for years, as electronic bills tend to improve transaction efficiency and workflow, but with the focus on safety and limited person-to-person contact, virtual documents have become more prevalent in the industry than ever.

“Because of COVID, and the health and safety component, it shined a light on an issue that was ripe for further discussion and refinement, said Tom Madrecki, vice president of supply chain and logistics for the Consumer Brands Association, which recently implemented a Contactless Delivery Task Force. “All of a sudden, it became really paramount that everyone in the supply chain stayed safe.”

Soon, the task force grew to nearly 40 members throughout the industry of packaged goods, including carriers, tech facilitators, and retailers alike.

The task force, which focuses on furthering the current momentum of finding more contactless delivery options, is working to boost the widespread utilization of contactless delivery as a practice. These methods include the updating of delivery processes, data sharing, and carriers’ current delivery platforms.

Task force member and Coyote chief network solutions officer Nick Shroeger believes supply chain workforce safety is extraordinarily important right now, and that universal contactless delivery practices are a no-brainer.

“If you think about where there’s the most interaction between different companies between carrier and shipper, it is when the driver is checking in and checking out, so how do we reduce the amount of manual touch points and contact points between two individuals?” Shroeger asked. “When you’re intersecting with so many independent drivers that check in and out of the facility, it’s hard to have that standardized process or practices to ensure safety for your people.”

This worry brings the chance to create an industry-standard solution, he explained.

Madrecki agreed, adding that companies also need a solution that will be easy enough to use across the industry and across current company technology. Additionally, Shroeger and Madrecki both mention the “app fatigue” that already exists among many truckers who have been adapting to so much new technology on the job.

“Carriers don’t want 15 apps when they pull into a facility,” Madrecki said. “Everybody wants a solution, just one, that accounts for those different use cases and needs.”

Bills of lading–which work as contracts between consignors and consignees, as well as freight receipts and official documentation of transfers of goods–had already been heading towards becoming widely electronic before the pandemic. Now, electronic bills are becoming standard much more quickly than previously expected due to the safety concerns arriving with COVID-19.

“It takes a lot of human interaction to pick up and deliver a load,” said Robert Solimani, Vice President of Stevens Transport. “What COVID has done is have people thinking outside the box. It has spurred the industry into advancing current technology into the 21st century to allow carriers, shippers, and receivers to be on the same page as to how to make us more efficient.”

Zonar Systems has been utilizing electronic bills of lading consistently for about four years already, after releasing Zonar Forms (ZForms) to replace paperwork in an effort to expedite the driver-to-dispatch process. A ZForm allows for electronic signatures and digital bill of lading records.

“Obviously, with the [electronic logging device] mandate, that changed a lot of carriers and how they managed their [fleets],” explained Zonar’s vice president of safety and compliance, Fred Fakkema.

Electronic document management has also been made available within ELD and trucking tech provider KeepTruckin, whose fleet management software allows drivers to manage documents, including bills of lading, right on its mobile app.

“Paper logs, bills of lading, and manual paperwork are a big pain point for drivers,” said KeepTruckin’s head of safety and compliance product team, Abhishek Gupta. “Historically, they had to store paperwork in the truck and had to fax it or drop it off. It is time-consuming, error-prone, and not easy to keep track of. We built this app to streamline the process.”

Although many trucking company leaders say a 100% switch from paper may not be possible anytime soon, Gupta believes electronic documentation has only just begun.

“The uptick has been there since the mandate, and with COVID, it is more important than ever,” said Gupta. “But the benefit of the technology for the driver or back-office staff has been so remarkable, it will only continue the trend. More fleets and drivers will realize that embracing technology will be beneficial in the long-term. In a post-pandemic world, the trend will only accelerate.”

Ken Levinson named Top 100 Illinois Super Lawyer for 2021

January 9, 2021 by Levinson and Stefani Leave a Comment

Levinson and Stefani’s own Ken Levinson has been named not only a Super Lawyer–but a Top 100 Illinois Super Lawyer for 2021.

Super Lawyers, a rating service branch of Thomson Reuters, rates outstanding lawyers “from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement,” according to Super Lawyers’ website. The service uses peer nominations, peer evaluations, and its own independent research for selection.

Levinson has been named a Super Lawyer every year since 2010, and has also been named a Top 100 Illinois Super Lawyer for 2012, 2016, 2020, and now, 2021.

“Each candidate is evaluated on 12 indicators” of achievement and recognition, says the Super Lawyers site. “Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.”

Not only does Levinson continue to be named a Super Lawyer and Top 100 Illinois Super Lawyer out of around 95,000 attorneys throughout Illinois, but Levinson was the only Top 100 Illinois selection who concentrates nearly exclusively on truck and auto crash injury cases–which make up over 95% of the firm’s overall cases.

After evaluating research and peer evaluation, Super Lawyers uses a patented selection process to recognize top Illinois Lawyers who receive the highest point totals. These particular lawyers are then further recognized throughout the lists of Top Illinois Super Lawyers.

Nominations for Super Lawyer candidates come from either a managing partner survey, a peer nomination, third party feedback, or Super Lawyer Research Team identification.

Then, through independent research, a candidate’s professional achievement and peer recognition are evaluated based on 12 indicators– including transactions, experience, awards, scholarly lectures, and pro bono and community service.

Then, candidates with the highest point totals from these first two steps serve on the Blue Ribbon Panel for peer evaluation–Blue Ribbon Panel members proceed to evaluate other candidates within their own primary areas of practice.

Finally, a representative number of small, medium, and large firm attorneys are chosen for final selection, with only 5% being selected as Super Lawyers. These lawyers are deemed to be the “best of the best” attorneys, and Super Lawyers limits lawyer ratings to those who can be hired and retained by the public, as the entire Super Lawyers system is meant to be a helpful lawyer-selecting tool.