Trucking industry Archives

The Importance of Small Trucking Fleets in Freight Transportation

July 19, 2023July 25, 2023Western Truck Insurance

The trucking industry is responsible for moving 72.5% of our country’s freight. Small trucking fleets, characterized by six or fewer vehicles, are responsible for handling 91.5% of this freight, demonstrating the significant role they play in the movement of goods across the country. Following are several reasons why we rely on small trucking fleets to transport our goods.

Regional and Local Specialization

Small trucking fleets are frequently family-owned businesses that specialize in serving certain regions or localities. They are well versed in local roads, routes, and customer requirements, allowing them to provide effective and timely delivery services. Their local presence helps get freight to destinations that larger carriers may find difficult to reach.

Nimble

Small trucking fleets can respond quickly to changes in demand, adjust routes, and meet unique customer needs. This adaptability allows them to deliver tailored and customized services, which is very useful for organizations with specialized shipping requirements.

Wide Range of Service Offerings

Small trucking fleets frequently provide services beyond freight transportation. They may offer specialist services such as last-mile delivery, refrigerated transport, or other industry-specific services. These services meet the unique demands of organizations in a variety of industries, helping to improve the supply chain’s overall efficiency.

Job Creators

Small trucking operations support local economies by creating jobs. They frequently hire drivers, mechanics, dispatchers, and administrative personnel from the neighboring communities, thereby promoting job prospects and economic growth. They also help to grow auxiliary sectors like truck maintenance and repair, fuel providers, and truck equipment makers.

Challenges for Small Trucking Fleets

Small trucking fleets have unique challenges such as limited resources and access to capital. They are concerned with maintaining a profitable business within the constraints of their financial resources, making it more challenging to deal with the industry’s volatility caused by external factors such as higher fuel prices, freight rates, and supply chain disruptions. With limited resources, small trucking fleets may also find it challenging to keep track of everything involved in fleet equipment, employees, booked revenue, and utilizing the most profitable routes.

Implementing an automated system that centralizes fleet, trip, and financial data supported by communication channels that keep drivers and dispatchers in sync can be a valuable investment for a small trucking company. It can help facilitate more on-time deliveries, improve client satisfaction, and establish a competitive edge in the marketplace.

About Western Truck Insurance Services

Western Truck Insurance Services is an insurance brokerage specializing in commercial truck insurance. We know this stuff and want to make sure you do too. Our clients appreciate our dedication to finding competitive rates and offering unparalleled service beyond excellent insurance options. They also value how our state-of-the-art automation provides lightning-fast truck insurance quotes, customer service, insurance certificates, and coverage changes. Contact us today at (800) 937-8785 to learn more.

Ensure Drivers Have the Right Documents for Compliance

January 9, 2023Bob Holtzman

Although it may not be your favorite aspect of being an owner-operator, paperwork management is a serious responsibility. You must have current documentation at all times, including for yourself as the driver, your truck and trailer, and, if applicable, your motor carrier. Missing documentation has serious consequences, including excessive violations that can negatively impact your business and career.

Ensure that you and all your drivers have the required paperwork in their cabs before being dispatched. This ensures that you will be in compliance with driver or vehicle inspections. Officials who can stop a vehicle and perform an inspection include:

Federal Motor Carrier Safety Administration (FMCSA): Oversight and funding of inspections
Commercial Vehicle Safety Alliance (CVSA): Develops inspection criteria and program
State Troopers: Performs the actual inspection

What Paperwork to Carry

We’ve provided a list of documents below that may be required for your type of operation and depending on the gross vehicle weight of your vehicles. The guideline is for an 80,000-pound tractor-trailer. Make sure you review each state’s requirements so that you’re all set before going on the road. In addition, ensure all documentation and permits are current and valid.

State Driver’s License or Commercial Driver’s License (CDL)
FMCSA Authority Letter
Insurance Card: Proof of insurance must show the effective and expiration dates of coverage
Title & Registration
Medical Card
Unified Carrier Registration [UCR]
Intrastate Authority (if applicable)
Base IFTA License & Decals
Apportion Cab Card (over 26K GVW)
Daily Log
IRS 2290 Heavy Highway Use Tax (over 55K GVW)
Safety Certificates
Bill of Lading
Lease Agreement
EPA Emissions Certificate
Hazmat Paperwork

State Permits, including state-specific documents:

Connecticut Mileage Tax Permit (over 26K GVW) NEW
Kentucky Weight Distance Tax (KYU) Permit (over 59,999 GVW)
New Mexico Mileage Tax Permit (over 26K GVW)
New York HUT (over 18K GVW)
Oregon License & Bond (over 26K GVW)
Oversize/Overweight Permit (if applicable)

We recommend keeping all of your documentation (except your CDL and medical card) in a three-ring binder where you can easily add new information and remove expired certificates.

Make copies of everything; you need to carry the originals of your CDL, registration, and specific certificates. Leave the duplicates at the office or home. You may even want to use your phone to photograph or a printer to scan each document as a digital file that you can access on the road if your binder is damaged.

In addition, ensure that none of the documents have expired. This is the most common reason why inspections fail. Expiration dates differ, so it’s easy to overlook one.

About Western Truck Insurance Services

ATRI Looking to Collect Data on the Impact of Predatory Towing in Trucking Industry

December 5, 2022December 5, 2022Bob Holtzman

The nonprofit research organization American Transportation Research Institute (ATRI) recently issued a news release calling for motor carriers and drivers to complete a survey so it can analyze the impact of predatory towing in the trucking sector.

The survey asks drivers and motor carriers about the most common types of predatory towing, what fees or delays they consider predatory, and in which states they have encountered predatory towing. Participants will also be asked to answer more detailed questions about the frequency of towing, which will allow ATRI to quantify the frequency and operational impact of each type of predatory event. According to ATRI, all information gathered will be kept strictly confidential.

“Recognizing its persistent negative impact on the industry, ATRI’s Research Advisory Committee identified the need to better understand this problem as a top research priority earlier this year,” the news release stated.

What Is Predatory Towing?

While most towing companies operate with integrity and legally, some don’t. Predatory towing is any incident where a tow truck provider grossly overcharges, illegally seizes, damages by using inappropriate equipment, or refuses to release a truck and/or cargo.

A predatory towing company, for example, will move in on an accident and tow a truck without consent. Bills issued by predatory towing companies are artificially inflated, with some truckers being charged for equipment that was never present at the accident scene. The costs can range between thousands and tens of thousands of dollars, which can significantly affect insurance premiums for owner-operators and larger carriers.

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Truck Safety: Past Driving Behaviors Provide Insight into Future Accidents

December 1, 2022December 5, 2022Bob Holtzman

There is a lot to be said about looking at someone’s past work performance to get an idea of how they will do in the future. This goes for any occupation, including transportation. Look at a previous driver’s performance and behaviors to gain insight into whether he or she is a potential risk for future violations and crashes and to help with hiring and targeted training.

This is precisely what the think tank at the American Transportation Research Institute (ATRI) has done since 2005 in studying the correlation between driver violations and the potential for their involvement in a crash.

ATRI recently released its 2022 Crash Predictor report, which is based on more than 580,000 individual truck driver records. It identified more than 25 different violations and convictions that increased the likelihood of future crashes, five of which increased future crash likelihood by over 100%. The five behaviors that are consistently strong indicators of future collision involvement are:

Reckless driving violation
Failure-to-use/improper signal conviction
Prior crash
Failure to yield right of way violation
Improper or erratic lane changes conviction

A failure-to-yield violation and failure-to-use/improper signal conviction are the leading indicators of an increased crash likelihood (an increase of 141% and 116%, respectively). Those drivers with a history of a previous crash had a 113% higher probability of having a future crash than the norm.

Why This Data Is Valuable for Trucking Firms

In having the ability to look at a truck driver’s behaviors to improve predictions of future crashes, trucking firms can do a better job of hiring, training, and supervising drivers. If a driver has a previous violation, it doesn’t necessarily mean you don’t hire him or her. However, if you do, you have better insight into what type of specific training and supervision to implement to reduce truck-involved accidents.

Be sure to document your decision to hire a driver with a violation, including the training you provided, so that, if there is an accident, you have a record of your efforts to correct the issue. The same goes for your existing drivers. If they have a violation, provide training and document the targeted remedial instruction you have provided. This is critical in defending your hiring decisions and demonstrating the steps taken to provide proper training when an accident occurs, and there is a subsequent lawsuit. Research shows that when juries consider awards in trucking accident cases, the amount and level of training trucking firms provide to their drivers are among the many factors they consider.

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Fatality Wrecks with Big Rigs Up 13%

June 21, 2022Bob Holtzman

An accident is the worst possible outcome for a truck driver, and fatality wrecks are every trucker’s nightmare. Unfortunately, research reveals that big rig collisions that result in death have risen sharply in recent years. Specifically, the National Highway Safety Traffic Safety Administration reports that semi-truck fatality wrecks are up by 13%. This alarming statistic reveals the dire need for new safety measures, but with big-rig wrecks increasing in fatality numbers, it may not be clear where to start. Trucking companies can combat this deadly problem by understanding its root cause, identifying risk factors, and implementing more stringent safety standards.

Understanding the Cause of Increased Fatalities

Such a dramatic uptick in deaths would seemingly be attributable to a specific cause. It doesn’t seem to be the case, though, as experts blame different issues, and there’s no single clear culprit. Instead, a range of problems appears to be contributing to the topic. Trucking companies that want to fight against fatalities should start by understanding the following three possible causes of the increase.

National Trucker Shortage

When considering the reasons for the increase in fatalities, it’s impossible to overlook the nationwide shortage of truck drivers that occurred in the wake of COVID-19. Although there’s evidence to suggest that the shortage may end, its impact will undoubtedly continue to have consequences. The increase in enormous rig collision fatalities may be among these consequences. With fewer drivers available, many truckers faced an increased workload and intensified pressure to meet tight deadlines. Together, these factors may encourage unsafe behaviors such as speeding and sleepy driving.

Return to the Road

A shortage of truckers isn’t the only consequence of COVID-19. The pandemic also ushered in a widespread period of quarantine, during which many people stayed home instead of driving. Now, people are rushing at the opportunity to get back on the road. Thus, the sudden increase in traffic has also resulted in a sudden spike in deaths. It may be due to a deterioration of driving skills during the lockdown.

Inconsistent State Laws

Any interstate driver who travels through multiple states in a day may find it challenging to keep track of the speed limits and other standards as they can change regularly. To complicate matters further, some states have even raised their speed limits, which some reasonably interpret as disregarding roadways fatalities. It may encourage other motorists to engage in unsafe driving behaviors that increase the likelihood of collisions and fatalities.

Forming Solutions to Minimize Fatalities

How can trucking companies combat the problem? Likewise, truckers should understand the impact an accident can have on truck insurance rates. To save lives and keep truck insurance rates low, carriers should consider the following potential solutions.

Recruiting Safe Truck Drivers

Recruiting more truckers is important in lightening the load of those currently on the road. More importantly, though, trucking companies should focus on hiring truckers who can drive safely on the road. Promising predictors of driver safety include their civilian driving record and background check results.

Investing in Training Programs

Truck drivers need to complete training and onboarding that will familiarize them with the exceptional standards of your company. As you develop your training program, it’s essential to incorporate thorough coverage of safety protocol. It should include a discussion of your company’s safety principles, individual state traffic laws, and the variance in those laws.

Switching Priorities to Incentivize Safety

It’s essential, too, to ask what kind of behavior your company is incentivizing. If your company offers drivers bonuses for meeting tight deadlines, you may unintentionally incentivize unsafe driving behaviors. Conversely, if your company provides rewards for adherence to safety laws, you’re motivating drivers to follow the rules and drive with safety in mind.

Trucking Companies Can Save Lives With Safety

Trucking companies can play an important part in either encouraging or discouraging the unsafe driving behaviors that may cause these collisions. It should motivate every trucking company to recruit safe truckers, implement better safety training, and incentivize safe driving. Following these steps may be the best approach to lowering the truck accident fatality rate.

About Western Truck Insurance Services

Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes. Contact us today at (800) 937-8785 to learn more!

How To Improve Your Trucking Business Profit Margins Part 1

May 17, 2022May 20, 2022Bob Holtzman

Your trucking business profit margins often depend on a speedy, efficient, and cost-effective fleet to help you succeed. When supply chain delays or a national trucker shortage slows things down, how can businesses maintain profits — much less increase them?

Trucking Business Profit Margins

Trucking business profit margins are indeed delicate, but several steps can combat revenue instability. With more profit in your pocket, you’ll have the resources to expand further, growing your business even more! If you’re wondering how to make a more significant profit in your trucking business, consider the following tips for increasing trucking profits.

Find a Way to Cut Fuel Costs

One of the costliest expenditures facing trucking companies is gas. You may be wasting money if you’re paying full price for gas. There are plenty of ways trucking companies can save significant money on gas expenses. Your trucking business profit margins can depend on some simple steps. The easiest way to do this is to use fuel cards. Fuel cards allow companies to take advantage of discounts and other benefits to reward loyalty. These cards — also called fleet cards or business gas cards — can save a trucking company thousands of dollars every year if used to their full potential. Companies should look for a card that offers rewards such as cashback and fuel discounts.

Minimize Driver Time Spent Idling

Another primary source of waste — and cause of costs going up — is excessive driver time spent idling. When truck drivers allow their engine to idle for extended periods, it burns through gas far more quickly than most truckers realize. According to the South Carolina Department of Health and Environmental Control, idling may be costing you half a gallon of gas per hour. This figure varies depending on the truck’s size, make, and model, but truckers must avoid idle time whenever possible. Contrary to popular belief, starting an engine typically does not use more fuel than idling. Save money by turning off your truck.

Always Plan the Most Efficient Routes

The Global Positioning System has revolutionized truck routing and allowed companies to plan the most efficient routes easily. You can even plan hands-free using a device loaded with routing software. Too many drivers deviate from the directions provided by these devices, though, and increase costs substantially in the process. Look for a routing application that helps you drive fewer miles to reach your destination, and most importantly, be sure that you follow its directions. In some cases, you may even be able to use your Electronic Logging Device (ELD) to optimize your route plan.

Invest in Fuel-Efficient Tires and Accessories

Tires can affect trucking business profit margins. Additionally, some drivers don’t realize that the tires and accessories on their trucks play a significant role in their fuel efficiency. Indeed, some types of tires specifically optimize the fuel efficiency of a truck. These tires typically also feature low resistance to rolling, which uses less energy while you are driving. It has no impact on the performance or speed of the truck, but it massively reduces the fuel usage required to operate the truck. In addition to choosing fuel-efficient tires, drivers should always perform regular maintenance on tires by ensuring that they inflate them properly. If drivers underinflate their tires, your fuel economy will likely suffer. Thus, it will reduce up to 10% in some cases.

Drive-In a Way That Saves Gas

Tires aren’t the only factor that can affect fuel economy. The way that you drive can have a significant impact, too. Most ELD systems track truckers’ driving habits, including habits such as the following:

Speeding
Sudden braking
Use of cruise control
Variations in speed
Excessive idling

These actions can contribute to the average fuel economy a driver achieves. Speeding, for example, will have an immediate detrimental impact on your gas mileage — as will sudden stops, inconsistent speed, and long periods spent idling. Cruise control can improve fuel efficiency. Truckers can review data collected by their ELD to understand better what driving behaviors contribute to ideal gas mileage.

Recognize the Most Expensive Liabilities

Many trucking companies overlook liabilities as a source of expenses, which can be a significant mistake. There are many disadvantages associated with trucking, and it’s the responsibility of every carrier to anticipate and mitigate these risks. Do this by investing in truck insurance. Truck insurance allows companies to invest in protection against the most common dangers that drivers encounter on the road. It helps with transporting cargo safely. Without the proper insurance, a single incident could wreak havoc.

Improve the Aerodynamics of Your Fleet

One overlooked strategy for improving profit margins is enhancing the aerodynamics of your truck. Some research suggests that installing accessories to reduce drag can save hundreds of gallons of gas per year. It is an impressive figure, and it illustrates just how vital aerodynamics are when it comes to a truck’s fuel economy. Accessories such as underbody side skirts can provide this effect. Invest in performance-improving alterations that can reduce drag, improve aerodynamic performance, and give your company’s profit margin the boost it needs.

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Trucker Work Environment and Sustainability Initiatives for 2022 (Part 2)

April 26, 2022May 12, 2022Bob Holtzman

Trucker work environment and sustainability initiatives in 2022 will alter the trucking industry for the better. Better work environments and sustainability practices have never been more apparent. Additionally, the trucker work environment and sustainability initiatives in 2022 will cut down on pollution. The trucking industry is a huge source of air pollution, and recent reports spotlight widespread driver dissatisfaction. The industry must address these problems, but finding a clear path forward has proven difficult for many trucking companies.

Luckily, technological innovations and activism by truckers may provide the push necessary to improve both working conditions and sustainability. It can mitigate trucking companies’ liabilities, leading to fewer truck insurance claims. Truck insurance is imperative for addressing the exposures that emerge across the industry, but implementing better practices is essential.

More Competitive Compensation for Truckers

One of the most effective strategies for improving truckers’ working conditions is offering better pay and benefits. Even with the best working environment, truckers will struggle if compensation is insufficient to support their health and wellbeing. It is one reason why many trucking companies increase wages and invest in additional benefits such as mental health services and dental coverage for truckers.

This additional compensation can go a long way in improving truckers’ working environment. Long days spent on the road can be stressful and isolating, so drivers must access resources that can help them thrive. These resources can also be foundational when launching sustainability initiatives. If a trucking company has a staff of healthy and engaged drivers to rely on, sustainability becomes a realistic goal.

Fostering Unity Amongst Drivers

Unity is key to sustaining a good work environment for truckers. It applies to connections within the company — truckers should share mutual trust and communication with managers — but it also applies to goals. A company must have guidance from a unified set of objectives to succeed. Delivering extraordinary service and maintaining efficiency is often the first goal, but companies should make sustainability a high-ranking goal and promote its importance to all truck drivers. Companies can do the following to unite drivers in this goal:

Incentivize eco-friendly practices
Educate drivers about the benefits of sustainability
Train drivers in sustainability practices on the road
Set clear goals regarding sustainability
Clearly explain drivers’ role in achieving goals

These steps can establish the unity that will support improved sustainability practices. Without a unified team, sustainability will remain an esoteric idea with no straightforward application in the real world. A team that’s unified and supported with essential resources, on the other hand, can carry out environmental initiatives successfully.

How can trucking companies improve their team’s cohesion if unity is lacking? In addition to improving compensation and working conditions, companies should regularly communicate with drivers to hear their concerns and discuss potential solutions. Communication is always at the core of improvement. Fostering open discussions will bolster your team’s sense of unity substantially.

Launching a Sustainability Initiative Successfully

With a team that’s unified in improving sustainability, your company can proceed to roll out initiatives that aim to reduce environmental impact. This process may look different for every company, but it includes a few general steps that can improve success rates:

Identify clear goals for the outcome of the campaign
Delegate drivers’ and team members’ responsibilities
Allocate resources to the campaign’s tasks
Establish support from other agencies and sources

The latter of these — establishing outside support — is a critical step. Many non-profit organizations and government agencies offer support for environmental campaigns. Trucking companies may be surprised by the wealth of resources that these can provide.

A sustainability campaign is also more likely to succeed if there is a clear benefit for participants — including truckers. Reducing air pollution might not seem to pose any immediate benefit to drivers, so a more tangible motivation may be necessary to ensure the initiative’s success. Unsurprisingly, the financial incentive is typically a very effective motivator — and when it comes to trucking, sustainability can offer many fiscal rewards.

Minimizing idle time, for example — an objective that recent trucking tech aims to achieve — is a great way to reduce air pollution from big rigs. It can also substantially reduce a trucker’s fuel expenditure, significantly saving trucking companies money. More considerable savings means better profits, and drivers could thrive financially. Offering financial incentives for sustainability achievements is a practical investment in ensuring the success of an initiative.

Minimizing Environmental Impact, Maximizing Trucker Satisfaction

Reducing environmental harm and boosting the trucker work environment are achievable goals. Many trucking companies operate based on the false assumption that clients will prioritize price above all else. On the contrary, research indicates that trucking clients are often inclined to do business with companies committed to sustainability and employee wellness. These commitments often translate to better service, so it’s worth the investment to partner with conscientious carriers.

Clients that prioritize a carrier’s sustainability practices are correct in assuming that they will receive better service. Sustainability benefits every part of the supply chain — truckers, trucking companies, clients, and carriers. By investing in better work environments for drivers, trucking companies can boost profits and build relationships with clients that share these values. It will help make trucking a safer and more sustainable line of work while minimizing its impact on the environment.

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DOT Promotes Flexibility in Trucking Hours to Maintain Trucker Safety

June 30, 2020January 2, 2021Bob Holtzman

In a recently released memo, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) detailed final rules updating the hours of service to increase safety on roadways by updating existing regulations for commercial truck drivers.

The need for this change has come about due to the disruption in the nation’s trucking supply chain as a result of COVID-19. The outbreak of the virus this last spring upended everything from logistics to international shipping, which then trickled down to trucking companies, altering their service hours. In turn, this increased demand has affected trucker’s overall safety.

The solution from the FMCSA was implemented to bring more flexibility to new hours of operation, thus encouraging more rest and support for truck drivers.

Hours of Service Rules: A Closer Look

First adopted in 1937, FMCSA’s hours of service rules specify the permitted hours of operation for commercial truck drivers. In 2018, FMCSA penned an Advanced Notice of Proposed Rulemaking (ANPRM) to receive public comments on the HOS rules to limit unnecessary burdens placed on truck drivers while upholding Trucker safety on highways and roads. In 2019, the Agency published a detailed proposed rule which received plenty of public commentary.

Based on these comments and input, FMCSA’s final rule on hours of service offers some revisions to the existing rules.

First, the FMCSA will increase safety and flexibility for the 30-minute break rule by requiring a break after eight hours of consecutive driving and allowing the break to be satisfied by a driver using on-duty, not driving status, rather than off-duty status.

Secondly, the FMCSA will modify the sleeper-berth exception to allow truck drivers to split their required 10 hours of off duty time into two periods. Also, the FMCSA will modify the adverse driving conditions exception by extending the maximum window of time during which truck driving is allowed by two hours.

Lastly, the FMCSA will change the short-haul exception available to certain commercial drivers by lengthening the truck drivers’ maximum on-duty period from 12 to 14 hours and extending the distance limit within which the truck driver may work from 100 air miles to 150 air miles.

This change in hours of service rules is estimated to provide nearly $274 million in cost savings on an annual basis for the U.S. economy and American consumers. The trucking industry, although it has seen some disruption in recent years due to fewer available drivers and automation in driving technology, is still a major component of the national economy. The industry employs more than seven million people and moves nearly 75% of the nation’s domestic freight.

Since the onset of COVID-19, truck drivers have played a key role in getting the country through by driving supplies from state to state. FMCSA has provided relief to commercial truck drivers to get medical supplies, food, and household goods to Americans in need during these unprecedented times.

About Western Truck Insurance Services
Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes. Contact us today at (800) 937-8785 to learn more!

What the Trucking Industry Should Know About OSHA Inspections

June 16, 2020January 2, 2021Bob Holtzman

The trucking industry has seen major changes in a number of ways recently. Whether it’s systematic changes to legislation, like with California’s AB-5 legislation, or through unprecedented disruptions to supply chains, like with COVID-19, truck drivers and trucking companies have needed to adapt to the evolving industry. But while these changes have seemed abrupt, causing trucking companies to rethink how they approach everything from Truck insurance to operating hours, some industry updates can be prepared for, like with the recent OSHA updates meant to protect workers in the industry.

The Occupational Safety and Health Administration (OSHA) has the right to inspect any workplace. There are many different things that might trigger an inspection, but the ultimate goal is to make sure a business is compliant with rules and taking the right precautions to keep its employees safe.

Here are some things that the trucking industry should know about OSHA inspections.

What Are Some Reasons an OSHA Inspection Takes Place?

As noted above, OSHA has the right to inspect any company at any time to look for any discrepancies when it comes to workplace safety. OSHA prioritizes inspections, according to the most hazardous workplace, which puts the trucking industry front and center since it’s repeatedly referenced as a dangerous work environment for all involved. Here are some reasons why an inspection might be carried out:

Imminent Danger: These are hazardous scenarios that can end up causing death or serious injury to people.
Severe Injuries: The employer must report any major injury or illness promptly to OSHA, which then carries out an inspection.
Employee Complaints: OSHA encourages employees to speak up and report any health and safety hazards or violations.
Referrals: This kind of inspection occurs when a government agency, other organization or individual has reported a possible hazard at a worksite.

Typically, OSHA does not give employers a warning before it conducts their inspections. Exceptions to this rule might include imminent danger scenarios and inspections that can effectively be conducted following regular business hours.

How Can Trucking Companies Handle an Inspection?

Businesses that are covered by the OSHA Act should already have a course of action in place for handling potential inspections. Since these inspections can happen at a moment’s notice, preparation is key. Doing this will increase preparedness and limit the chances of panic should an OSHA inspector show up at a trucking company’s worksite or operations center.

When an OSHA inspector arrives, it’s important for trucking company supervisors to obtain their credentials and be cooperative. While volunteering information isn’t the right choice upfront, it still helps to be cooperative and not try to obstruct an inspection. The last thing a trucking company would want is to get in an inspector’s way or give up information that was not asked for in the first place.

What Are the Penalties of Noncompliance?

Not all companies are prepared for an inspection, or at least not thrilled to see an inspector come onto their site. If OSHA gives out a de minimis violation, meaning it’s a technical violation that has no direct effect on the health and safety of truck drivers, then OSHA will not issue a citation. However, there are serious penalties that OSHA can give out, such as:

Serious violations: this means there’s a significant chance that death or serious physical harm may occur, and the employer should have been made aware.
Willful or repeated violation: An employer intentionally and knowingly violated OSHA’s rules.
Failure to Abate: The employer failed to correct a previously cited violation. Money penalties for these violations are adjusted each year, but a serious violation can exceed $12,000.

What Should Trucking Companies Know About New OSHA Regulations?

OSHA spent most of last year increasing its number of employer inspections and pursuing new rulemakings and programs. In 2019, it conducted more than 33,000 inspections addressing workplace violations related to falls, chemical exposure, silica exposure, and other hazards.

OSHA also recently issued a proposed rule that would amend parts of the cranes and derricks in construction standard, as well as those that have to do with industrial trucks. The proposed amendments will include correcting references to power line voltage, broadening for forklifts carrying loads under the forks.

This also encompasses trucking companies that operate on commercial sites. Trucking companies should be aware of the violations listed above and avoid any potential fallout or legal ramifications that may come. This will help to keep employees safe and the entire work environment compliant with any updates OSHA may have.

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AB-5 Legislation Update

May 6, 2020January 2, 2021Bob Holtzman

The state of California has asked a federal court to begin lifting the preliminary junction against imposing AB-5 on the state’s trucking industry. The requests to the Court of Appeals for the state’s 9th Circuit is part of the appeal of the attempt by the California Trucking Association (CTA) to be granted an injunction against the position that AB-5 has put the trucking industry in.

The state’s AB-5 Legislation has been a topic of controversy for over a year now. What it does is move 2018’s Dynamex California Supreme Court decision into law, which established an ABC test to determine the status of an independent contractor that could essentially eliminate the owner-operator model in California, and disrupting everything from investing in commercial truck insurance, such as general liability insurance, and the sharing economy.

According to the appeal by the attorney general’s office, the law set in place by the FAA in the early 90s “preempts state and local regulation that has a significant effect on the prices, routes or services of motor carriers.” This has been the position of the CTA as well and a case they have been trying to make since AB-5 began picking up steam last year.

The state’s appeal is mostly looking at the prices, routes, and services, as mentioned above, in the preliminary injunction. The state cited legal precedents that it said should be looked at as meaning that state labor regulations are not preempted by the Federal Aviation’s act.

Independent Contractors and Trucking Companies

If the argument that AB-5 doesn’t entirely ban the hiring of independent contractors as truck drivers by a company, the state’s argument stays focused on prices, routes, and services. The test brought on by AB-5, the ABC test, and the earlier standard used to decide if someone is a full-time employee or a contractor do not define the rights or benefits that a trucking carrier has to provide its drivers.

The state went on to argue that the decision to grant the injunction then offers no “substantive analysis on what impact labeling motor carriers’ drivers to be ‘employees’ will have on prices, routes, and services”. The state argues that what might be seen as a hurried nature of the CTA action is reason enough to overturn the injunction.

The state’s filing says the ABC test became a reality for trucking companies and their drivers with the Dynamex decision, which was put into place in April of 2018. However, the injunction wasn’t put into motion until December of 2019, plenty of time for the plaintiffs to seek injunctive relief during that time period.