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Vaccine Mandate for Transportation Workers Likely, Industry Experts Worry

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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

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“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.

NHTSA Says Roadway Deaths Rose 18.4% In First Half of 2021, Ken Levinson Discusses Need for Safe Driving

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In the first half of 2021, the United States saw 20,160 deaths in vehicle crashes on its roadways. This number is an 18.4% increase from the same period in 2020 (which had 17,020 deaths) and is the highest number of roadway deaths in this timeframe since 2006.

This fatality number increase, released by the National Highway Traffic Safety Administration, is the largest six-month increase to be recorded within the history of the Fatality Analysis Reporting System–a system that has kept track of roadway death statistics since 1979.

“This is a crisis,” said Pete Buttigieg, Transportation Secretary, when NHTSA published its “early estimates” report. “More than 20,000 people died on U.S. roads in the first six months of 2021, leaving countless loved ones behind. We cannot and should not accept these fatalities as simply a part of everyday life in America.”

Overall vehicle miles traveled during the first half of this year rose by around 173 billion miles (13%), according to preliminary data from the Federal Highway Administration. Because of this, the death rate for that time period also increased by around 1.34 deaths per 100 million vehicle miles traveled.

“After the declaration of the public health emergency in March 2020, driving patterns and behaviors in the United States changed significantly,” said the NHTSA Office of Behavioral Safety Research. “Of the drivers who remained on the roads, some engaged in riskier behavior, including speeding, failure to wear seat belts, and driving under the influence of alcohol or other drugs.”

Speeding in general was a major factor in roadway deaths during that timeframe, and extreme speeding became much more common as well, especially as many people were returning to their commutes following the pandemic’s stay-at-home orders.

“Traffic data cited in those reports showed average speeds increased during the last three quarters of 2020, and extreme speeds, those 20 miles per hour or more higher than the posted speed limit, became more common,” said NHTSA.

These numbers show clearly that many people feel compelled to behave more recklessly behind the wheel than they did pre-pandemic.

“The report is sobering,” said Steven Cliff, Deputy Administrator for NHTSA. “It’s also a reminder of what hundreds of millions of people can do every day, right now, to combat this: slow down, wear seat belts, drive sober, and avoid distractions behind the wheel.”

Levinson and Stefani’s Ken Levinson echoed this plea, noting that although these numbers don’t yet show the statistics for traffic deaths involving commercial motor vehicles, trucking companies need to do their due diligence in combating this safety crisis.

“It seems like it’s much more dangerous on the roadways these days, and that’s due to a lot of pressure due to driver shortages, companies not hiring safe drivers, not screening them or training them properly, and a lack of enforcement over a lot of safety rules,” Levinson said. “So, it’s definitely become more dangerous on the roadways. We all have to be cognizant of that, and we encourage everyone in the trucking industry to be aware of it and act accordingly. Hire safer drivers, enforce safety rules, and be diligent.”

It’s also increasingly important that passenger vehicle drivers are as alert and cautious as possible when on the road around heavy trucks, in addition to potentially reckless passenger drivers.

“We have to be really careful around trucks,” Levinson continued. “They’re large, dangerous, and you never know if a truck driver that’s sharing the road with you has exceeded his hours of service, hasn’t been properly trained, might be tired, or might have a health issue–so be careful to drive defensively near trucks.”

When FARS annual report files for 2020 become available this year and its final file for 2020 and annual report file for 2021 become available next year, we’ll have a clearer idea of the actual death counts between 2020 and 2021 and the percentage increases across the two years.

“These estimates will be further refined when the projections for the first nine months of 2021 are released in late December,” said NHTSA.

Truck Drivers Likely No Longer Exempt From Vaccine Mandate

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Truck drivers had been exempt from an interim rule requiring all employees in large private companies to be vaccinated against COVID-19, but that may be changing soon.

“These are treacherous times for employers,” said C. Eric Stevens, a shareholder and employment law attorney. “Government mandates are a politically charged issue…[vaccines are] a very important issue for transportation.”

The final ruling that will require employees of companies (including trucking companies) of more than 100 to be vaccinated or undergo regular COVID-19 testing is currently being challenged in court, although the law is set to be implemented on January 4th of 2022.

Still, the 5th United States Circuit Court of Appeals granted an emergency stay of the requirement on November 6th, and the American Trucking Associations–along with various other industry organizations and state trucking associations–filed a lawsuit against the Biden administration regarding the mandate on November 9th.

In the lawsuit, the trucking groups claim that the mandate would be detrimental to the transportation workforce and the American economy itself, and that the Occupational Safety and Health Administration is overstepping its power by implementing such a requirement. 

“Given the nationwide shortage of truck drivers, it is vital that our industry has the relief it needs to keep critical goods moving, including food, fuel, medicine, and the vaccine itself,” said ATA President, Chris Spear. “We continue to believe OSHA is using extraordinary authority unwisely, applying it across all industries at an arbitrary threshold of 100 employers that fails to factor in actual risks. We are weighing all options of recourse to ensure every segment of our industry’s workforce is shielded from the unintended consequences of this misguided mandate.”

As of now, the White House is recommending that businesses adhere to this requirement, although there is still confusion regarding how a trucking company would do so if ultimately required.

“How we manage exemption requests, that’s a hot-button issue,” said Stevens. “How do you obtain proof of vaccinations? That becomes tricky based on the size of your company and what state you are operating in–or state you operate in.”

Industry leaders are also being put under quite a bit of pressure with the current confusion at hand, Stevens added.

“What’s left for you is that you have federal guidelines that conflict with state guidelines, and you have state guidelines that say, ‘If you violate our state guidelines, you very well may be sued by individuals that are adversely affected,’ regardless of what the federal government says,” he said.

While the final ruling is determined, motor carriers should begin issuing their own internal requirements that are in the best interest of their employees, Stevens continued.

“When someone says they don’t have a COVID policy, I say, ‘Yes, you do. It may just be the way things are, but yes, you do have a COVID policy. And you might want to have one that’s a little more formalized.’”

Regardless, many state leaders have expressed concerns about the mandate, and have been working to challenge the law itself. Some of these officials include state Legislature members, Attorney General Herbert Slatery, and Governor Bill Lee.

“Many states, including the one that we are currently in, have enacted [their] own laws,” said Stevens during his presentation at the 18th annual Conversion Interactive Agency Recruitment and Retention Conference. “Often, the states feel the need to combat the federal government’s actions, and we have competing state laws and federal laws. OSHA takes the position that OSHA preempts state laws, and those states disagree with that. So, there are some issues to be aware of.”

For those in strong opposition to this mandate, it’s clear that avoiding supply chain disruption is much more of a priority than driver health and safety. Executive Vice President of Advocacy for ATA, Bill Sullivan, explained his concern that requiring truck drivers to become vaccinated will likely cause many of those truckers to either leave the industry, join a smaller company, or retire early. When ATA released a survey among its member fleets, it found that over one-third of drivers who responded noted that they would either leave their companies or quit their jobs altogether if their current companies chose to, or were made to, require a vaccine.

“Even if only 4% [of drivers] quit, that would be a catastrophe,” said Sullivan. “We agree with the president’s goal. We aren’t anti-vax. We are encouraging employees to be voluntarily vaccinated.”

Boosted Infrastructure Funding is Crucial for the Sake of Roadway Safety

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It’s clear that much of America’s infrastructure needs a lot of work, and President Joe Biden recently visited New Jersey as part of his campaign to garner support for legislation undergoing debate by Democrats in regards to the investment of trillions of dollars into projects to boost social welfare, climate change, and road safety across the country.

Biden, along with New Jersey Governor Phil Murphy, discussed a state bridge that often cannot be closed without the use of sledgehammers. The two leaders cited this issue as evidence of major issues within infrastructure and the vast amount of reconstruction and repairs that are needed right now in many states.

The Portal Bridge is currently “a chokepoint, a bottleneck, an Achilles’ heel on the Northeast Corridor,” Biden said–a stark outlook for the most highly-used train bridge in the Western Hemisphere. The swing bridge owned by Amtrak Corp. and located over the Hackensack River is 110 years old, and “something goes wrong” about 15% of the time it’s opened, Biden said.

When the bridge needs to be closed, “literally, a sledgehammer [is needed to] knock it back into place–in the year 2021,” said Biden at the event for the bridge’s replacement groundbreaking. “Aging infrastructure like this is more than inconvenience or a nuisance–it’s an impediment.”

Biden has been working to collaborate with Senate moderates who have been concerned about social spending legislation costs, which were initially proposed to be $3.5 trillion for usage over ten years. In late October, Biden met with Senator Joe Manchin of West Virginia, along with Senate Majority Leader Chuck Schumer, to reach a potential agreement regarding a smaller spending budget.

“This initiative is about betting on America, about believing in America,” said Biden. “Let’s get this done–let’s move.”

The bridge replacement project is the first initiative of the overall Gateway project, which will serve as a bridge-and-tunnel renovation and expansion initiative to boost train capacity across the Hudson River. Previously, around 820,000 rail passengers commuted between New York City and another Northeast city each day; because of this, bridge replacement project sponsors have expressed concern that any potential track failures could significantly hinder the economy of this area–a region that is vital to one-fifth of the gross domestic product within the United States.

Still, boosting the accessibility and safety of infrastructure is imperative. The more updated our infrastructure is, the safer our roadways are, and the fewer accidents and deaths we’ll see as a result.

“We see a lot of crashes occurring on roadways in disrepair and in dangerous construction locations, so it’s important to keep roads safe,” said Levinson and Stefani’s Ken Levinson. “When there’s not enough room on the shoulder and you break down, or there’s not an easy path to exit the tollway, or there’s an emergency medical situation, or inclement weather, it creates a lot of danger.”

When there is an obstacle or disruption on any given roadway, many people aren’t sure how to handle it in the safest way–and the possibility of a traffic incident skyrockets, Levinson explained.

“We’ve seen many cases where, in these danger zones, major crashes occur,” he said. “We’ve had cases where–because of mechanical problems–a vehicle has to pull over, and shortly thereafter, there is a major crash. We’ve had professional truck drivers that we represent that while they’re in the process of putting out safety cones, there’s a collision. This is partly because there’s not enough room on the shoulder, and partly because of the inattention of another trucker who has not been properly trained, so that goes directly to having safe roadways.”

For Biden’s economic plans–although specific details still need more clarity–Manchin is confident that Democrats will be able to reach a deal sooner than later. Progressive Democrats in the House have said in the past that they do not plan to vote for an additional infrastructure bill of $1 trillion that was already passed in the Senate until a larger social spending measure plan can be agreed upon.

Yearly Rear Underride Guard Inspections Now Required After FMCSA Announces Final Rule

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The list of annual inspections for motor carriers and roadside inspectors will now include rear underride impact guards, as added by the Federal Motor Carrier Safety Administration in a final rule to amend specific safety regulations.

This rule was scheduled to be posted this week in the Federal Register and serves as a method of addressing comments from Congress, Government Accountability Office recommendations, and Commercial Vehicle Safety Alliance rulemaking petitions. It also adds that RCC trailers do not need a rear impact guard, and specifies the definition of horizontal discharge trailers controlled by road construction.

“The impacts of this final rule are de minimis, and therefore, the final rule does not have a significant economic impact on a substantial number of small entities,” said FMCSA.

In fact, the final rule explains that it should not significantly impact a majority of motor carriers which have needed to have rear guards installed on their trucks since 1952; however, the mandate does follow up on December 2020’s proposed rule regarding the same issue.

“The best underride guard is the one that’s never put to the test,” said American Trucking Associations in a Tweet. “Education and safe, responsible driving are the best way to prevent crashes.”

According to FMCSA, passenger compartment intrusion occurrences during an incident involving a passenger vehicle colliding with the back of a commercial motor vehicle are highly reduced by rear-end protection and rear impact guards installed on heavy commercial trucks.

Still, trailers have often been in violation of such regulations for the past 23 years–specifically when their rear impact guards were either not sufficiently attached to the trailer or were missing completely. These violations could include guards that were missing fasteners, had cracked parent metal, or were otherwise damaged or broken in a way that prevented proper attachment. 

Efforts to require side guards have been opposed by industry trade groups, although the new inspection requirement has been largely supported. However, CVSA lamented that most commercial motor vehicles are not inspected each year, even though rear-end/rear impact guard protection is indeed part of the North American Standard Inspection Program’s roadside inspection process.

“According to data available through FMCSA’s Analysis and Information Online webpage, in fiscal-year 2017, inspectors documented more than 2,300 violations related to rear impact guards and rear-end protection–more than half of which are for components that are missing, damaged, or improperly constructed,” said FMCSA. 

This rule will bring necessary focus to this kind of truck safety, the agency added.

“Including rear impact guards and rear-end protection in the periodic inspection requirements will call additional attention to this critical safety component and help ensure that each vehicle is checked at least once a year, improving compliance and helping to prevent fatalities and injuries when rear-end collisions occur,” FMCSA continued.

The rule will also help continent-wide inspection efforts, as the United States, Mexico, and Canada will now all have the same rear-end protection requirements.

“Including rear impact guards and rear-end protection in the periodic annual inspection standards will harmonize U.S. regulations with those in Canada and Mexico, which include rear impact guards and rear-end protection as part of their annual inspection programs,” said the agency.

Congressional investigation office, GAO, has received requests from senators to further review truck underride crash data and information following GAO’s performance audit between January of 2018 and March 2019. This audit included stakeholder interviews and literature analysis regarding underride guards and crashes; these interviews included members of safety groups, state officials, and Department of Transportation members.

“Although reported underride crash fatalities represent a small percentage of total traffic fatalities, they present a greater risk of fatalities or serious injuries,” said GAO in its 2019 report.

When the rule proposal was first announced, Collin Mooney, Executive Director of CVSA, noted that rear underride guard checks would become part of the regular truck inspection process, as CVSA inspectors had not been citing truckers for violations when a loose or damaged rear guard was found.

Now, “we obviously will inspect [underride guards] as well,” Mooney said. “We’ll be taking a closer look at underride guards.”