The 5th Wheel
Government Affairs Update
 
We are sharing information from ATA regarding Biden’s Administration announcement to require mandatory vaccinations for businesses with 100 or more employees.
 
“As reported broadly in the news yesterday, the Biden Administration announced plans via executive order (EO) to require employers with more than 100 workers to ensure they are vaccinated or test each unvaccinated employee for the virus weekly, affecting about 80 million Americans.   The emergency rule contemplated by the EO will have to be issued under the Occupational Safety and Health Administration’s (OSHA) existing statutory authority and will also require paid time off for vaccination or recovery from side effects post vaccination.  A separate provision also requires vaccination for all employees of federal contractors— with no option to test out.   Yesterday’s actions also include making booster shots available for all eligible Americans who have already been vaccinated.
 
Importantly, the various requirements for employers are not immediate.  OSHA will need some time to develop its emergency rule for businesses with over 100 employees to ensure every worker is fully vaccinated or tests negative on a weekly basis and it is also worth noting that OSHA emergency rules do not have a great track record when courts review them so they will need to carefully consider costs and benefits. As part of that process, ATA is already working with other stakeholders like the US Chamber of Commerce to ensure that OSHA  and the White House understand the implications of the rule,  specifically the 100 employee threshold, to our supply chain and each ATA member and all our employees.    
 
Yesterday’s announcement also addresses other issues related to schools and additional support for small business among other things and is available here: President Biden's COVID-19 Plan | The White House”

If you have further questions, please contact Dan Horvath, Laura Spector or Nick Geale at ATA.  We will keep you posted on developments as we learn more.
The Employment Development Department (EDD) wants to remind Californians that most federal extended unemployment programs expired September 4 and the Federal-State Extended Duration (FED-ED) extension ended on September 11.
It was recently brought to my attention by longtime CTA member Reeve Trucking that the City of Winters was charging $47 for a single trip permit. The law only allows cities and counties the ability to charge the same amount as the State Department of Transportation (Caltrans) charges for both a single trip and annual permit. Currently the fee for a single trip permit is $16 and the charge for an annual is $90. I say currently, because over the past few years there have been discussions on looking into charging more for those permits. CTA’s approved position (from its extra legal hauler members) is we are ok with an increase to the fee for the permits as long as there is a nexus to better service.
 
Following the “tip” from Reeve Trucking, CTA contacted the City of Winters and provided them with the appropriate information that shows they cannot charge more than what state law allows them to charge. As soon as the City revises the fee(s), CTA will let its applicable members know. A CTA “thanks” to Don Reeve and his team at Reeve Trucking for continuing to let us know about cities and counties overcharging for transportation permits. There are 58 counties and 482 cities in California so the “extra eyes” from our members is much appreciated. If you have a city or county charging you more than $16 for a single trip permit and or $90 for an annual let me know. Eric Sauer at esauer@caltrux.org.
In 2014, following many years of frustration from CTA’s extra-legal hauler members regarding delays on obtaining a transportation permit, CTA worked with Caltrans through the California Transportation Permit Advisory Council (CTPAC) and established the “Permit Feedback Form.” The form allows members to provide information on issues they may encounter when trying to obtain an extra legal permit. It should be noted over the past few years, Caltrans has made tremendous strides on minimizing the delays and as has been reported by CTA, is in the process of looking at and analyzing the feasibility of transitioning to a fully automated transportation permit system (which CTA has long advocated for).
 
If you are encountering issues when trying to obtain a permit, utilize the form and provide as information as possible and send it to Eric Sauer at esauer@caltrux.org. Caltrans does a great and efficient job at reviewing the forms and providing appropriate information. 
Cal/OSHA is reminding employers that California’s protection from wildfire smoke standard requires them to take steps to protect their workers from unhealthy air due to wildfire smoke. Harmful air quality from wildfire smoke is impacting Northern California and can occur anywhere in the state on short notice. To help employers be prepared before a wildfire event occurs, Cal/OSHA has created training videos on wildfire smoke protection and the use of N95 respirators.
 
Group Asks for Personal Conveyance Limits
PrePass®
The Commercial Vehicle Safety Alliance has petitioned FMCSA for a second time to more clearly define the term “personal conveyance” in hours of service regulations. It is asking the agency to add a maximum distance or time limit to the rules.
 
Read more in this PrePass blog.
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CTA Highlights
 
Employment, Labor, Business and Litigation Attorneys
Ferber Law is a boutique employment and business law firm serving clients statewide with locations in both Northern and Southern California.  Their team of experienced attorneys are committed to providing practical business solutions and are seasoned litigators. The firm is recognized and respected for its aggressive advocacy and results driven work ethic.  They assist employers in minimizing the risks of litigation by offering advice and counseling.   
 
Ferber's representation extends to virtually all areas of labor and employment law, including the defense of Wage and Hour, Wrongful Termination, Harassment and Class Action matters, in State and Federal Court and before administrative bodies. They are also available to assist clients with labor negotiations, business transactions and issues arising out of the misuse of confidential information.
 
Contact Michelle R. Ferber at (925) 355-9800.
 
 
The Kern Unit provided a DOT Inspection Class and Bit Workshop lead by the CHP. Thank you Cox Petroleum for hosting the event!
 
 
CalTrans
Southern California Gas Company
Unit and Statewide Events
 
Please join the California Trucking Association for our Virtual California Trucking Day on Monday, September 27 from 3-4pm via Zoom.
 
We are bringing California Trucking Day to you at home. You will have the opportunity to hear from key legislative leaders in the State Capitol and appointed officials from the California Transportation Commission. Our featured speakers are Senator Lena Gonzalez, Chair of the Senate Transportation Committee, Assemblymember Laura Friedman, Chair of the Assembly Transportation Committee, and Commissioner Fran Inman. There will be an open Question and Answer Forum where you will have a chance to ask decision makers about important issues affecting the transportation industry.
 
This event is free to all members!
Member Alerts
 
The American Transportation Research Institute, the trucking industry’s not-for-profit research organization, launched the 2021 Top Industry Issues Survey. The annual survey asks trucking industry stakeholders to rank the top issues of concern for the industry along with potential strategies for addressing each issue.
 
Now in its 17th year, ATRI’s annual analysis not only ranks the issues overall but also provides details on where critical topics are ranked differently by motor carriers and professional drivers. The report also allows stakeholders to monitor issues over time to better understand which issues are rising, or falling, in criticality.
 
“Completing this survey only takes a few minutes, but its impact can be immeasurable. The data ATRI provides will chart the course for the industry by providing a clear picture of the landscape we face,” said ATA Chair Sherri Garner Brumbaugh, president and CEO of Garner Transportation Group. 
 
The results of the 2021 survey will be released October 24, 2021 as part of the American Trucking Associations Management Conference & Exhibition to be held in Nashville, Tennessee. 
 
Industry stakeholders are encouraged to complete the survey available through ATRI’s website by clicking here. The survey will remain open through October 15, 2021.
 
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