Truckers braving the COVID-19 Pandemic face an increased risk of harm with relaxed safety regulations.
The Federal Motor Carrier Safety Administration (FMCSA) has issued two “emergency declarations” in March 2020 that alter current hours-of-service (HOS) regulations so commercial truck drivers across the country can move emergency cargo and freight to meet the nation’s needs as we all fight against the Coronavirus Outbreak.
There are two important limitations here. First, these changes do not apply to routine commercial deliveries. Second, they do not apply to “mixed loads” where a “nominal quantity” of emergency relief is put on the truck in an attempt to meet the provisions of the Emergency Declaration.
- Read the full text of the March 13, 2020 Emergency Declaration under 49 CFR § 390.23 (No. 2020-002); and
- Read the full text of the March 21, 2020 Expanded Emergency Declaration under 49 CFR § 390.23 (No. 2020-02).
From FMCSA Action Administrator JimMullen:
“The nation’s truck drivers are on the front lines of this effort and are critical to America’s supply chain. We will continue to support them and use our authority to protect the health and safety of the American people.”
Truck Drivers Courageously Haul Needed Supplies Across The Country
For many truck drivers, this means an immediate change in how they work. If their job is moving any of the following items across state lines, then the FMCSA Declarations change how long they can drive, when they can rest, and how long their rest breaks have to be.
This first-of-its-kind Declaration exempts the following cargo from standard HOS regulations found in 49 CFR Parts 390 through 399:
- Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
- 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.
- Food, paper products and other groceries for emergency restocking of distribution centers or stores.
- Immediate precursor raw materials—such as paper, plastic or alcohol—that are required and to be used for the manufacture of essential items.
- Fuel.
- Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine.
- Persons designated by federal, state or local authorities for medical, isolation, or quarantine purposes.
- Persons necessary to provide other medical or emergency services.
We consider the men and women who are undertaking the task of moving emergency supplies across the country during this type of national crisis to be heroes deserving of our gratitude and respect.
However, as accident victim advocates who have years of experience dealing with the aftermath of serious and fatal truck crashes, we are also concerned about the increased danger and risk these drivers now face.
What about the Safety of the Truck Driver?
The purpose for HOS regulations is to protect the safety of the commercial truck driver on the job, as well as others sharing the roadways. For more on HOS rules, see:
- Exhausted Truck Drivers: Who Can Discover ELD and HOS Fraud to Enforce Federal Safety Laws?
- Commercial Truck Drivers Driving Without a Break: HOS 34-hour Restart Restrictions
- Truckers Hate New ELD Automation, But Drowsy Drivers Cause Fatal Crashes.
Relaxing the HOS safety regulations by definition increases the dangers facing commercial truck drivers behind the wheel.
The Declaration does address the danger that commercial truck drivers face on the job. As stated earlier, there is a caveat to the trucking industry against trying to stash small bits of exempt cargo into the semi-truck, 18-wheeler, big rig, or tractor-trailer truck as a means of circumventing the existing HOS Rules designed to protect truck drivers on the road.
The Declaration also states that it is not changing the FMCSA regulations regarding: (1) controlled substances and alcohol use and testing requirements (49 CFR Part 382); (2) the commercial driver’s license requirements (49 CFR Part 383); (3) the financial responsibility (insurance) requirements (49 CFR Part 3 87); (4) the hazardous material regulations (49 CFR Parts 100-180); (5) applicable size and weight requirements, or (6) any other portion of the regulations not specifically exempted under to 49 CFR § 390.23.
Additionally, the Declaration mandates that when the truck driver finishes delivery, he or she must be given at least (1) ten (10) hours off duty if transporting property; and (2) eight (8) hours if transporting passengers.
Increased Danger for the Trucker Responding to Coronavirus Emergency
Unfortunately, the trucking industry has been motivated to put profits over people many times in the past.
The temptation to push commercial truck drivers that are fatigued or exhausted in order to meet delivery times is a recognized problem in this country. This is the reason for the HOS safety regulations in the first place.
The Declaration states that “if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier’s terminal or the driver’s normal reporting location.”
With the pressure to meet Coronavirus Pandemic demand for toilet paper, among other things, the existing temptation for management to force truckers to drive when they are in need of rest will be that much greater.
Is it unwarranted in the face of past patterns within the trucking industry to be worried about the safety of truck drivers who are bravely driving Coronavirus supplies that when they ask for time to rest, they are denied?
Truck drivers face an unacceptably high danger of dying while on the job from a number of causes. The relaxation of safety regulations increases the likelihood of a fatality. Read:
- Speeding and Serious or Fatal Semi-Truck Crashes in Illinois or Indiana
- Inadequate Truck Driver Training and Fatal Truck Crashes in Indiana or Illinois
- FDA Warns of Over-the-Counter (“OTC”) Medications and Drugged Driving Accidents
- FMCSA Intensifies Efforts to Stop Drugged Driving by Truckers: Random Drug Testing of Commercial Truck Drivers Jumps to 50% in 2020.
Increased Risk of Coronavirus Exposure to the Commercial Truck Driver
There is another obvious danger facing these courageous truckers who are working so hard to help the nation get needed and necessary supplies and support. They face an increased risk of being exposed to the COVID-19 virus and becoming seriously ill or even dying as a result.
These professionals will know to take every precaution: using hand sanitizers after touching the gas pumps during fueling; wiping down their steering wheels with disinfectant wipes; and keeping their distance from others at truck stops, docks, etc.
Nevertheless, the commercial truck driver who is hauling medicine, groceries, and other essentials during the Coronavirus Outbreak faces an increased risk of exposure and contracting of the virus, with all the consequences that can result.
There may be duties of care on the part of the trucking industry, as well as others who own and operate premises and property which, if breached, may result in the trucker being negligently exposed to the virus and suffering injury as a result.
For more, read: Employers’ Duty to Protect Workers during Coronavirus Outbreak.
Justice for Semi-Truck Crashes During Coronavirus Emergency
The commercial truck driver who works to bring needed essentials to all parts of the country faces an increased risk of harm today not only due to the increased risk of exposure to the virus itself but also because of relaxed safety regulations necessitated by the national emergency.
The danger of a fatal truck accident is too high for truck drivers as well as others sharing the roads with them. Before the Coronavirus outbreak began in the United States, a rising trend in deadly semi-truck crashes in this country was recognized. Read, Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents.
The laws of Indiana and Illinois work to help victims of any commercial truck crash who is seriously harmed or injured during the transport of Coronavirus emergency supplies. Negligence laws, as well as premises liability, workers’ compensation, and others may provide avenues for justice to the accident victims and their families.
The Coronavirus Emergency is multifaceted in how it harms. Truck crashes caused by fatigued drivers, or drivers speeding to meet deadlines, etc., as well as exposure to the virus itself are both deadly risks facing today’s commercial truck drivers. Please be careful out there!
