Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.uberflip.com/i/821508
14 commercial carrier journal | may 2017 JOURNAL NEWS Concrete pump drivers get 30-minute rest break exemption C ertain concrete pump truck drivers that drive across state lines have been granted a reprieve from the federal 30-minute rest break hours-of-service requirement. The Federal Motor Carrier Safety Administration granted an exemption to the American Concrete Pumping Association to allow all con- crete pump operators, con- crete pumping companies and drivers who operate concrete pumps in interstate commerce to count on-duty attendance time toward the 30-minute break. The exemption went into effect March 21 and is good through March 21, 2019. ACPA requested the exemp- tion in October, saying the 30-minute rest break require- ment increased dangerous conditions on jobsites because it required the concrete pumps to shut down for the break, which could allow air to enter the pipes and cause them to whip around and hit a pump operator. The group also said pump operators take breaks through- out the day anyway, so the extra 30-minute break was unnecessary. ACPA also said in the request that concrete pump drivers only drive about 25 to 32 percent of their shift and average less than 20 to 25 miles each day. – Matt Cole Supreme Court defers to lower court on Crete's apnea policy T he U.S. Supreme Court last month ruled it will not hear a truck driver's lawsuit against Crete Carrier Corp., leaving in place a lower court ruling in favor of the Lincoln, Neb.- based fleet and its policy of requiring testing for obstructive sleep apnea for certain truckers. Crete driver Robert Parker sued the carrier for wrongful termination in 2013, arguing its apnea-screening program violates drivers' rights within the American Disabilities Act. Parker sought back pay and reinstatement of employment when he was fired for refusing an in-lab sleep study after Crete ordered him to be tested. Crete instituted the policy in 2010 that requires all driver applicants with a body mass index of 35 or greater to be screened for sleep apnea. The 8th Circuit Court of Appeals issued a decision in October upholding the legality of Crete's policy, calling it "legitimate and nondis- criminatory." Parker, after being told by Crete to seek test- ing, brought a note from his personal doctor who wrote that testing wasn't necessary. Crete suspended Parker after he again refused to take an in-lab apnea test and never reinstated him. Given the 8th Circuit Court's ruling and the Supreme Court's April 3 decision to not hear the case, carriers nationwide possibly could institute similar sleep apnea screen- ing policies and not be subject to court- ordered payouts. The Federal Motor Carrier Safety Administration's Medical Review Board last year recommended that the agency adopt a rule requiring drivers with BMIs of 33 and higher, and who meet other criteria, to be flagged for automatic apnea testing. FMCSA has not issued any rule on apnea screening. – James Jaillet Crete Carrier Corp. requires all driver applicants with a body mass index of 35 or greater to be screened for sleep apnea. lion worth of stock and netted $288.4 million, with the remainder going to Schneider family shareholders. • Estes Express Lines (CCJ Top 250, No. 12), a Richmond, Va.-based less-than- truckload company, announced that it will offer direct service to Canada by teaming with two Canadian LTL fleets to offer service under its own freight bill, allowing U.S. customers to work only with Estes instead of multiple carriers. Starting May 22, Estes will work with Speedy Transport of Brampton, Ontario, and Pacific Coast Express of Surrey, British Columbia, under the banner Estes Canada. • Saia Inc. (CCJ Top 250, No. 26) and Mississauga, Ontario-based TST Overland Express formed a partnership to serve both companies' U.S.-Canada cross-bor- der less-than-truckload customers. Saia, based in Johns Creek, Ga., will service TST Overland's LTL freight entering the United States, and TST Overland will ser- vice Saia's LTL freight entering Canada. • USA Truck Inc.'s (CCJ Top 250, No. 57) third-party logistics division, USAT Logistics, expanded its portfolio of ser- vices with the establishment of USAT Logistics de Mexico, located in Celaya, Guanajuato. The Van Buren, Ark.-based truckload company said its growing pres- ence in Mexico allows it to reach new markets and provide customers with additional options. • Graebel Van Lines (CCJ Top 250, No. 148) ceased operations, according to a March 22 post by the Dallas-based company to its creditors. The 65-year- old household goods moving fleet was being sued by a California trucker who cited misclassification, and the lawsuit sought class-action status. • Robert Braswell, longtime techni- cal director of the Technology and Maintenance Council, was named acting executive director. Braswell replaces Carl Kirk, who has left the American Trucking Associations-affiliated organization. • Hornady Transportation owner B.C. Hornady died April 15. His father, G.E. Hornady, started the Monroeville, Ala.- based company in 1925, and after his death in 1950, B.C. Hornady and his two brothers took over. Hornady, who was 89, had been sole owner since 1977. INBRIEF 5/17