The 5th Wheel
Government Affairs Update
 
The California Division of Occupational Safety and Health (CalOSHA) updated its FAQ on COVID-19 testing requirements for employers to comply with the January 14th Emergency Temporary Standards (ETS).
 
Q: How can an employer comply with the testing requirement in the January 14 ETS?

A: To comply with the testing requirements of the ETS, over-the-counter (OTC) tests may not be both self-administered and self-read unless observed by the employer or an authorized telehealth proctor. This independent confirmation can be accomplished in multiple ways. For example, the employer can validate the test through the use of a proctored test that is supervised by a licensed, authorized telehealth provider via video proctoring, or by a point-of-care test provider. Alternatively, the employer could proctor the OTC test itself, including by video. An employee can make a video of the entire test from swab to result, stating the day and time, and send that video to their employer. As long as the employer reviews the video, which they can do at high speed if they wish, this will be considered compliant.
 
Another option to meet the requirement that a test is not "self-read" is to use an OTC test that features digital reporting of date and time stamped results. These tests do not require observation by an employer or telehealth proctor.
 
CalOSHA will be meeting on March 17 to discuss and implement potential changes to the COVID-19 ETS before the current version expires on April 14. The COVID-19 ETS will likely be extended again until June 2022. 
 
CTA developed a COVID-19 Workplace Illness Prevention Guide designed specifically for the trucking industry that will help your business stay compliant with the current COVID-19 ETS.
 
The FMCSA recently announced it has extended its Emergency Declaration until May 31, 2022. 
 
The Emergency Declaration and additional waivers were set to expire on February 28, 2022. 
 
The extensions on the declaration are limited to transportation for the following: 
1.   Livestock and livestock feed;
2.   Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19;
3.   Vaccines, constituent products, and medical supplies and equipment, including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
4.   Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants; and,
5.   Food, paper products, and other groceries for emergency restocking of distribution centers or stores;
6.   Gasoline, diesel, jet fuel, and ethyl alcohol; and, 
7.   Supplies to assist individuals impacted by the consequences of the COVID-19 pandemic (e.g., building materials for individuals displaced or otherwise impacted as a result of the emergency).
 
This declaration applies only to 395.3 “Maximum Driving Time for Property-Carrying Vehicles”. This declaration becomes effective at 12:00 a.m. March 1, 2022 and expires May 31, 2022 unless modified or terminated prior to this date.
 
Reporting requirements previously established remain in effect.
 
To be eligible, the transportation must be both (1) of qualifying commodities and (2) incident to the immediate restoration of those essential supplies. We strongly encourage everyone to review the applicability, restrictions, and limitations listed within the waiver.
 
CDL/CLP/MEDICAL EXAMINATION ENFORCEMENT DISCRETION
FMCSA has issued a notice of enforcement policy/discretion regarding CDL/CLPs and Medical Examinations. FMCSA will exercise its enforcement discretion to not take enforcement action for a CLP or CDL holder operating a CMV with an expired license, but only if the CLP or CDL was valid on February 29, 2020 and expired on or after March 1, 2020.
 
FMCSA will also exercise enforcement discretion for CMV drivers whose medial certification or medical variance expired on or after December 1, 2021. Drivers whose medical certification or medical variance expired before December 1, 2021 are not covered by this notice of enforcement policy.
 
This notice is effective March 1, 2022 and expires on April 15, 2022
 
Additional terms, conditions, and restrictions are outlined in the waiver.
 
THIRD-PARTY CDL TESTING AND CLP HOLDERS
FMCSA has also extended waivers related to the California Trucking Association and California DMV led third-party CDL skills test examiners and CLP holders operating a CMV.
 
We encourage carriers and drivers to review all details in these waivers to ensure compliance and to reach out for any additional questions or concerns. 
The California Air Resources Board (CARB) proposed a draft Zero-Emission Forklift Regulation that will go before the Board in 2023. A second workshop is planned for this summer.
 
The regulation will affect large-spark ignition (LSI) forklifts, which include gasoline, propane, and compressed natural gas with a lift capacity up to 12,000 pounds. Beginning in 2026, no LSI forklifts can be purchased and all model year 2013 or older LSI forklifts must be retired.
 
Dealers and renters will not be able to sell or rent model year 2026+ LSI forklifts that are not zero-emission (ZE) and manufacturers are required to produce only 100% ZE starting with model year 2026.
 
Fleets will be required to report an annual attestation to DOORS. However, there is a low-use exemption that can be used by fleets:
 
·         <200hours/year
·         Limited to 10% of fleet (includes both LSI and ZE)
·         Fleet reporting required
·         Annual operating-hours reporting (photo must be accompanied)
·         Label each forklift with its EIN
·         Exemption sunsets on January 1, 2031 except for microbusiness which can maintain one low-use forklift indefinitely
 
The regulation creates a qualified microbusiness exemption for an affected company with less than $5,000,000 gross annual receipts and fewer than 25 employees. A qualified microbusiness may use the low-use exemption after the sunset, but may only operate 1 low-use forklift.
 
You can read more details on the regulation on CARB’s website. If you have any feedback on the regulation, please email Nick Chiappe at nchiappe@caltrux.org.
 
 
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
 
Valley Pacific Petroleum Services supplies high-quality, competitively-priced, fuels and lubricants throughout California.
 
For more information, visit www.vpps.com.
 
 
 
 
Entry forms are now available for the 2022 California Truck Driving Championships! Send your best drivers to compete in one of the regional competitions for a chance to go on to the National Competition.
Southern Competition
Saturday, April 30
Auto Club Speedway
Fontana
Northern Competition
Saturday, May 21
FedEx Freight
West Sacramento
State Finals
Sunday, May 22
FedEx Freight
West Sacramento
 
 
Entry Form Deadline: Friday, March 25.
 
Sponsorship Opportunities
 
Show your support of these great drivers through sponsorship and see YOUR company name and logo travel the U.S. Sponsorship includes all 3 events - South Regional, North Regional & State Championships. For your logo to make it on the shirt and signage, you must register your sponsorship by Friday, March 25.
 
 
ELD Mandate
Southern California Gas Company
Unit and Statewide Events
 
 
 
 
Swing into Spring with the NextGen Group!
 
Thursday, March 31, 2022 | 5-7pm
 
Price
$49 per person
 
Location
Top Golf
1700 Freedom Way
Roseville, CA 95678
 
The NextGen Program provides opportunities for CTA members to grow professionally, build peer-to-peer relationships and develop leadership skills. 
 
For questions, contact Derek Crusenberry at dcrusenberry@ravenbgi.com or (209) 453-3621.

CANCELLATION POLICY: NO REFUNDS FOR THIS EVENT. 
 
Member Alerts
 
 
February
Magallon Transport Inc.
Tarr Heavy Transport
Transport Security, Inc.-The ENFORCER
Truckbase
 
Enterprise Truck Rental / Lease
Crossroads Equipment Lease & Finance
Discount & Services
 
For all of your drug screening & testing, clearinghouse services and regulatory and compliance needs!
 
 
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