Over the past year in addition to finishing college and forming the REAL Women in Trucking organization, I have been completing the Jason’s Law Truck Parking Survey Presentation with PDF’s at the bottom of the page that have more information on the open comment questions.
I was working on question 35 regarding “…shippers and receivers who are the most difficult…” at the time of the tragic Walmart truck crash that killed Comedian James McNair and critically injured Actor/Comedian Tracy Morgan and others who were riding with him.
Of course the backlash goes to the lone driver, Kevin Roper. The Walmart truck he was driving was equipped with all the bells and whistles the government says will make trucks safe. The media reported the driver had not slept in 24 hours and the public interpreted this to mean he was driving for 24 hours. Walmart trucks have e-logs, not paper logs. There is also a great deal of unpaid labor time in trucking. Drivers are expected to watch freight be loaded when they should be napping, take their shower breaks and conduct their personal errands that any normal person has, during designated sleep break times. This plus a number of other labor issues that most civilians and legislators just do not want to educate themselves on until a high profile tragedy occurs.
In the days before the crash, the trucking industry was buzzing over calls for the resignation of Anne Ferro from the Federal Motor Carriers Administration. Following the crash, an ill-timed muscle move to suspend the new 34-hour restart rule was made by the American Trucking Association with the help of “friend” Senator Susan Collins (R-Maine). Then I received a call from MSNBC to comment. Although my moment on television was short, I was able to get one point out of my mouth that is an issue that must be addressed to prevent fatigued driving which is truck parking. You can follow this link to see my comments on the NOW with Alex Wagner Program.
Here are some of my other personal observations: Anne Ferro and her research data miss the mark on what causes fatigued drivers. The American Trucking Association is a lobby group that does not represent truck drivers. They represent corporations like Walmart that think of workers as robots. Productivity is the focus of corporations not necessarily safety. This is not something that is socially acceptable so it makes sense that the same corporations that claim safety comes first will silently shift the burden of safety on an individual if they can get away with it. Senator Susan Collins either does not know this or does not care about this. The new 34-hour restart rule is a joke because how it is being implemented and so is the 30 minute break. It is a poorly designed solution made by people who do not care to get out of their comfort zone to see how their rules work in practice. Drivers DO need a break! Unfortunately though, they also need help to stand up against harassment from carriers that insist they keep working even though they are not driving. Truck drivers are considered unskilled labor, employers are not held to the same labor standards in the way they manage productivity from their in-house employees. When a trucker does feel fatigued and must stop for rest, the current federal regulations AND the ones the ATA is fighting for DO NOT allow for enough driver flexibility. Only the driver knows when they need sleep, not the government, not the ATA, not the carriers, not the shippers and receivers. On top of this, when the driver does feel the need to stop and rest there is often no place to stop the truck. This is especially true in the northeast as identified in the “Truck Parking Special Report“.
These are issues that go year after year unresolved though they are well known problems in the trucking industry. Below I have included the text from the most recent PDF compilation that is part of the truck parking survey open comments section. As in the previous sections, Walmart was the most mentioned. My personal hope is that the investigation of the Walmart crash does not focus on one driver, but instead examines an industry, a regulating body and the elected public servants who are not seeing what is as plain as the nose on their face.
Question 35 Below pertains to Shippers and Receivers, HOS, Fatigued Truck Drivers and Safety
The majority of truck drivers agree that safe truck parking would not be such a critical issue for them
if the shippers and receivers of freight would permit them to remain on their property in certain situations so that they could have an uninterrupted 10 hour “hours of service” (HOS) sleep break as mandated by the Federal Motor Carriers Safety Administration (FMCSA).
Certain situations would include:
• Being detained by the shipper or receiver of freight that run the driver out of legal hours to move his/her truck
• Remote distribution center clusters where truck stop facilities do not satisfy the volume of truck traffic to the region
“Uninterrupted” meaning, not in a loading dock where the driver is expected to stand inside the warehouse to count freight and/or having the trailer loaded over a period of hours while the driver is trying to sleep. Disturbances from fork lift movement in the trailer, other trucks pulling in or out of loading areas and warehouse personnel banging of the truck windows or doors contribute to fatigue. The 10 hour sleep break must be recognized by the public, law enforcement and those who work in all areas of the supply chain as a critical component to safety.
Shipper and Receivers of Freight: Respondent truck drivers to the survey reported commentary that the climate at shipper and receiver facilities has an atmosphere that cultivates animosity toward truck drivers. Respondents occasionally included observations that once their trailer was loaded or unloaded, they were expected to leave the property regardless of area safe parking conditions or their HOS. These same facilities enforce strict appointment times and often detain truck drivers well past scheduled appointments. As the Federal “Hours of Service” rule is of no consequence to shippers and receivers, it places undue burden on the drivers who must struggle for a safe haven to park although they are sometimes hauling multimillion dollar cargo or hazardous chemicals. This makes some drivers feel uneasy about parking along a highway shoulder or abandoned lot where they might be disturbed or have a crime committed against them.
Mentioning the names of the shippers and receivers is a sensitive topic as many drivers fear retaliation for doing so. 2059 respondents skipped the “naming names” section in the national truck parking survey. Out of over 1800 respondents who did have the courage to answer question 35, Walmart was mentioned 1048 times as one of the worst. Well known in the truck driver population, Walmart leads in holding drivers to strict appointment times, detaining trucks well past their appointment and making them leave their property regardless of the driver’s HOS or lack of area truck parking facilities. Both distribution centers where there is a great deal of wide open space available and a growing number of retail locations in the Walmart family of stores have grown to be the most difficult according to truck drivers who provide them service.
Other commentary on the question of shippers and receivers included remarks that the bigger the company, the worse the treatment toward truck drivers. Locations that had plenty of room, such as distribution centers across the board give the impression that they lack consideration or awareness that their policies are a factor that forces drivers to violate federally mandated laws by asking them to leave their properties fatigued or past their HOS.
Ironically, the mission statements and corporate sustainability messages found on the websites named by truck drivers as most difficult state in essence that “…they care about helping creating a better world where people work together to solve problems…”
Solutions:
Although many of the company names below are easily recognizable, some are not, though they may be the parent company of products we use every day. Understand that we can all be part of the solution to solve the truck parking crisis. Shippers and receivers must be part of the conversation to solve this problem. By educating the public, law enforcement, city government and people in the supply chain we become partners for safety. Does your local supply chain have knowledge of federally mandated “hours of service” for truck drivers? Encourage your community to understand that safe truck parking reduces fatigued drivers on the highway and respond to distribution center clusters in your area who are allowing detained fatigued drivers leave their property when they have space available onsite for the truck to remain parked safe. Local city government, merchants and law enforcement should also be educated that trucks parked in strip malls are not to be harassed or disturbed when there is no place else for them to go park.
Question 35.
“From your experience, what shippers/receivers never allow you to park on their properties?”
(List up to 3)
• A & P Supermarket Chain
• 3M Corporation
• A.K. Steele
• Aarons
• ABC Building Supplies
• ACME Markets
• Adidas
• ADM – Archer Daniels Midland
• AGCO Manufacturing
• Air Products & Chemicals Inc.
• Albertsons Food Stores/Distribution Centers
• Alcoa Company
• ALDI Grocery Stores
• Allegany Ludlum
• Alliance Tubular Products
• Alton Chemical
• Amarr Garage Doors
• Amazon
• America Cold Storage
• American Can
• American Foods Group – Dakota Premium Foods
• American Gypsum
• American Honda Motors
• American Snuff
• Americold
• Anheuser Busch – Budweiser
• APL Logistics
• Appleton
• ArcelorMittal
• Armstrong World Industries
• Artic Cold Storage
• Ashley Furniture
• Associated Wholesale Grocers Distribution Centers
• Auto Zone
• B & B Plastics
• Barilla
• BASF
• Bass Pro Shops
• Bay Valley Foods
• Bayer Material Science
• Behr
• Ben E. Keith Food Products
• Benjamin Moore Paints
• Best Buy
• Big Lots
• Bi-Lo
• Bitumar
• BJ’s Warehouse
• Blue Bunny
• BMW
• Bolthouse Farms
• Bozzuto’s
• Bridgestone
• Brookshire’s Food & Pharmacy
• Burlington Coat Factory
• Burris Logistics
• C & S Wholesale Grocers
• C E Mulcoa
• Cambridge Pavingstones
• Cameron International
• Campbell Soup
• Canada Dry
• Cargill
• Carhartt
• Caterpillar
• Cerro Flow Products
• CertainTeed
• Certified Grocers
• Champion
• Charter Steel
• Cheney Brothers
• CHEP
• Chesapeake
• Chrysler Plant
• Church & Dwight Co. Inc.
• CISCO
• CLOROX
• Coca Cola
• ConAgra Foods
• Con-Way
• Cooper Tire & Rubber Company
• Coors
• Costco Distribution Centers
• CSX Railroad
• Cummins Engine Plant
• CVS Food & Drug Distribution Centers
• Dana Holding Corp
• D’Arrigo Bros
• Del Monte
• Delta Faucet
• Dial Soap
• Dillons
• Disney
• Dole
• Dolese
• Dollar General Distribution Centers
• Domino Sugar
• Domtar Paper
• DOT Foods
• Dow Chemical
• DSI Pharmaceutical
• Dunkin Donuts
• Dunlop
• Dupont
• Earle M. Jorgensen Company – EMJ Metals
• EDC Warehouse
• Electrolux
• ESSROC: Italcementi Group
• Estes
• Exel: Supply Chain & Logistics Solutions
• Exide Technologies
• Expedited Freight Systems
• ExxonMobil
• Family Dollar
• Farmland Foods
• Faurecia Automotive Parts Manufacturers
• Fed Ex
• Feed Energy
• Feralloy Corporation
• Firestone
• First Quality
• Fleming Foods
• Food Lion
• Ford
• Forward Air
• Foster Farms
• Fred Meyer
• Freightliner
• Fresh Express
• Frito-Lay (PepsiCo)
• Fry’s
• Fuji Oil
• GAF – Roofing Shingles & Materials
• Gallatin Steel
• Gatorade (PepsiCo)
• GENCO Product Lifestyle Logistics
• General Electric GE
• General Mills
• General Motors GM
• Genie Industries
• Georgia Pacific
• Gerdau Steel
• Giant Eagle Supermarkets
• Giant Food
• Glad
• Glatfelter Paper
• GlaxcoSmithKline
• Golden State Foods GSF
• Goodman HVAC
• Goodyear
• Gordon Food Service
• Graham Packaging
• Green Bay Dressed Beef
• Green Giant
• Grimmway farms
• H. E. B.
• h.h.gregg warehouses
• Halliburton
• Haniford Brothers
• Harbor freight
• Heinz Foods
• Hercules Chemical
• Hershey
• Hewlett Packard
• Home Depot
• Hormel Foods
• Horsehead Corporation
• Hunter Panels
• Hunts Point Produce Market
• Hydrite Chemical Company
• Hy-Vee Grocery
• IFCO Systems
• IKEA
• IMTT Product Movement & Storage
• Ingles Markets
• International Paper
• Interstate Cold Storage
• Inteva Products
• Iowa Beef Producers (IBP)
• Jacobson Companies
• JBS Packerland Beef
• JBS USA
• JC Penney
• Jewel-Osco
• John Deere
• John Morrell & Company
• Johns Manville
• Johnson & Johnson
• Johnson Controls, Inc.
• Kal Tire
• Keebler
• Keen Logistics Services
• Kellogg’s
• KIK Custom Products Packaging
• Kimberly-Clark Corporation
• Kinder Morgan
• King Soopers
• Kingsford Manufacturing, A Division of Clorox
• Kmart
• Koch Foods
• Kohler
• KOHLS
• Komatsu
• Kraft Foods
• Kroger
• Lear Corporation
• Loblaw Supply Chain and Distribution Centers
• Lofthouse Cookies
• Long Prairie Packing Co.
• Lowes Distribution Center
• Macy’s Distribution Centers
• Manheim Auto Auctions
• Manitowoc-Grove
• Mars Petcare
• MartinBrower
• Martinrea International Inc.
• Maxwell House
• Mayfair Sales
• MBM Food Service Distribution
• McCormick & Company
• McDonald’s
• McLane Company Inc.
• Medline Industries
• Meijer
• Mercury Paper
• Meric
• Meritor
• Michaels Craft Stores Distribution Centers
• MillerCoors Brewing LLC
• Minyard Food Stores
• Momentive
• Morton Salt
• Nabisco
• National Beef
• NESTLE’
• Nestle’ Waters
• Nexeo Solutions
• Niagara Bottling Company
• Nissan
• Nitto Denko
• Nunes Cooling
• Oak Harbor
• Office Depot
• Office Max
• Okonite
• Ollie’s Bargain Outlet Distribution Center
• Omya
• O’Reilly Auto Parts
• Orgill, Inc.
• OSI Solutions
• Owens Corning
• Ozarka Water
• Pacific Coast Container, Inc.
• Parkdale Cotton Mills
• Penske
• Pep Boys
• Pepperidge Farm
• PepsiCo
• Performance Food Group
• Petco
• PetSmart
• PGW Glass Plants
• Phillip Morris
• Piggly Wiggly Warehouses
• Pittsburgh Paints
• Poland Springs Water
• Polaris Industries
• PolyOne
• Polyquest
• Porky Products
• PPG Industries
• Pratt Industries
• Precision Strip
• Precoat Metals
• Preferred Freezer Services
• Premium Waters
• Presto Products Company
• Price Chopper
• Printpack
• Proctor & Gamble
• Proctor & Gamble
• Publix
• PURINA
• Quad Graphics
• Quaker Oats (PepsiCo)
• QVC DISTURBUTION CENTER
• R R Donnelley Logistics
• Ralphs Supermarkets
• ReadyPac
• Reckitt-Benckiser
• Reebok
• Reinhart Foodservice LLC
• Republic Conduit
• Republic Plastics
• Rite Aid Distribution Centers
• Rockline Industries
• Rockport
• RockTenn
• Ross Dress for Less Distribution Centers
• Roundy’s Supermarkets
• Ryerson
• Safety-Kleen
• Safeway
• Sam Adams Plant
• Sam’s Club Distribution Centers
• Sara Lee
• Sav-A-Lot
• SCAFCO
• Scott’s
• Sears Distribution Centers
• Seashore Fruit & Produce
• Shamrock Dairy
• Shaw Carpet
• Shell Oil Company
• Sherwin-Williams
• Shopko
• ShopRite
• ShurFine Markets
• Siemens
• Skechers Shoes
• Smithfield Foods
• Solaris Paper
• Solo Brands
• Solvay Chemicals
• Sony
• Southern Agriculture
• Southern Auto Auction
• Southwire
• SSAB Products & Services
• Stanley Tools
• Staples Distribution Centers
• Stater Brothers Distribution Centers
• Stop & Shop Distribution Centers
• Sun Products Corporation
• Sunny Fresh Cargill
• SuperValu Foods
• Sygma
• Sysco Foods
• Target Distribution Centers
• Temple Steel Company
• Temple-Inland Paper
• The Golub Corporation
• ThyssenKrupp
• TJ Maxx Distribution Centers
• Tobacco Warehouse
• Toshiba
• Toyota
• Toy’s R’ Us Distribution Centers
• TPI Composites
• Tractor Supply
• Trader Joe’s
• Tropicana
• Tubular Services
• Tyson Foods
• UNFI – Unified Grocers
• Unilever
• United States Cold Storage
• United Steel
• UPS
• US Foods
If you would like to see the completed 2013 Truck Parking Survey Presentation and Additional PDF content from the open comment questions, Please Click the Following Link and scroll to the bottom: 2013 Truck Parking Special Report
These are 2 comments which I post in an article a few days ago.”Wal-Mart Trucker’s Commute Becomes Focus in Morgan Crash”
Drivers need to be commenting on mainstream media to educate and enlighten the general public and share the TRUTH about what is going on between all the players and topics involved:
FMCSA: ATA: OOIDA: CARRIERS: CONGRESS: SHIPPERS: BROKERS: TRUCKING PARKING: IDLING:
http://www.bloomberg.com/news/2014-06-11/wal-mart-trucker-s-commute-becomes-focus-in-morgan-crash.html
Allen Smith: The regulations which are suppose to be designed to create safety many times cause added stress and unsafe conditions for truckers, pushing them to drive when tired and forcing them to rest when they are not. The real causes for truck driver fatigue need to be addressed instead of continually adding regulations which many times can actually be unsafe …
The Bottom line is this: DRIVERS need to be allowed REST when they are TIRED, not when they are TOLD to REST. The amendment by the Senate Appropriations Committee to suspend the 34 hr restart provision was brought up to make the roads MORE safe by addressing truck driver stress as well as relieve truck driver fatigue. The amendment removes a rule in the HOS Final Rule, requiring drivers to take a break between 1 a.m. and 5 a.m. when working consecutive nights.
If the bill becomes law, drivers will no longer be limited to taking one 34-hour restart in a 168-hour period and the restart will no longer have to include the two consecutive 1 a.m. to 5 a.m. periods. That’s all, everything else stays the same.
If the general public wants to be a part of this crucial discussion, they must understand the facts
Here are a few Major CAUSES which really add to TRUCK DRIVER FATIGUE:
1 Shippers and Receivers holding up drivers at loading docks, many times over 6 hours, cutting into their clock, including their rest time. And note: Many times drivers are not paid for waiting at the docks Not paid for “detention time”
2 Lack of adequate truck parking- Drivers are mandated to take 10 hour rest. It is confirmed over and over again that there is insufficient truck parking.
3 Forced Dispatch- If a driver is tired, but there is still time left on his/her clock ( legally allowed to drive) then the company can pressure you into driving. This should not be the case. A driver should rest when tired, not be told by anyone, the government or the employer, when they “have to rest”.
4 Truck Idling Laws- Drivers are expected to take their rest breaks many times in inhumane conditions such as temps 32 degrees and under and over 90 degrees. How well do you think you would rest at these temperatures?
http://www.bloomberg.com/news/2014-06-11/wal-mart-trucker-s-commute-becomes-focus-in-morgan-crash.html
Allen Smith
Drivers are classified as “unskilled labor” even though their job is highly skilled. The term “unskilled” is defined as: “Lacking skill or technical training” – “Requiring no training or skill” – “Exhibiting a lack of skill.” It is further described as: “Not having, showing or requiring special skill or proficiency of any kind.”
These two terms, professional and unskilled, contradict each other when
we look at the professional truck driver. Jobs are also considered
unskilled when the worker can “Learn to do them in 30 days or less.”
Fact Sheet #19: The Motor Carrier Exemption under the Fair Labor
Standards Act (FLSA) http://www.dol.gov/whd/regs/compliance/whdfs19.htm
There is no overtime for truckers, most are paid by the mile,and the rates haven’t changed in almost 20 years.
Drivers are among the safest in the world, however, the lack of standards for CDL drivers needs to be addressed to ensure that new entrants into the industry are safe. Regulations do not ensure safe drivers, proper training creates safe drivers.
A major problem right now is that truck driver pay is LOW, their lifestyle is difficult, they work many hours with no pay ( loading docks, pretrips, etc…) and the added regulations without the flexibility to rest when tired ( instead of being told in a regulations when to rest) creates stress and is creating a shortage of drivers being retained in the industry.
Bottom Line. Do you think that drivers want to work 80hours/week ? No, it’s the way the system is designed. Pay them a fair wage and Truck Driver Fatigue and continuous regulations would be a thing of the past.
Would consumer prices go up? They sure would! But you can’t have ensured safety and wage fairness without a cost, and that cost would be higher prices.
Thanks for the comment, I hope more drivers will take the time to exit Facebook discussions to give their collective voice where it counts.
You missed the most important point. Fatigue in drivers is easily overcome with a nap. Unfortunately the 14 hour clock has created made our day nothing but “beat the clock”. If we stop for lunch, a nap, to avoid school zones or rush hour it counts against us. They say we are required to 10 hours rest, but with the 14 hour clock I must now shower, do laundry and in many cases have diner because our “working” day is now limited. The 14 hour clock is this industry’s biggest problem. Rid us of that and we don’t have any need for a half hour break or even a restart. TRI
This post is only to introduce an area of the problems which are vast. The 14 hour rule, the “just in time” freight management system and a variety of other issues are all key parts of the problem. I encourage all drivers to write, call and email their elected officials about how the structure personally affects them rather than critique each other. Thanks for the comment.
First, I thought you did a nice job on MSNBC.
I agree that the restart and 30 minute break rules are not the solution. Let’s keep in mind that HOS changes came about as a result of first, mandates from Congress and then lawsuits filed by citizens advocacy groups. The FMCSA
HAD to react to those lawsuits. Anybody who is sued does. You can’t ignore a lawsuit. It’s a situation where regardless of what changes were made, there would have been segments of our industry that we’re going to be unhappy. We’re not a “one size fits all” industry. Let’s all keep working to get changes made that make sense.
Absolutely! This is not a one size fits all industry and trying to explain HOS to people outside the industry is quite difficult. It takes a good deal of time to live it, let alone explain it to others. We must all work together towards an intelligent solution. Thanks for the comment.
Desiree
Thank You Trucker Desiree !
Drives must be paid for their hours worked ! The problem of fatigue will not cease until drivers are paid for all hours worked in the interest of the trucking company . Then drivers can afford home time for proper rest !
Has anyone ever approached the idea of changing the regulation instead of by the hour how about by the mile? Everything is based on by the mile so common sense regulate a driver cannot drive more than 500 miles in a 14 hr. Day. Yes his clock is running but he has time to drive not to exceed 500 miles. Makes more sense by the mile than by the hr. Common sense goes a long way.
Agree. The constant challenge is ensuring our drivers are paid fairly with the balance of cost pressure for our customers.
Trucker Desiree, I am not in the trucking industry, I farm. I happened to stumble onto your site and have spent the last three hours watching your videos and reading your post. I am very very impressed by you and what you are trying to do. The problem I see is the same one farm organizations have, and I don’t know the solution to, your audience is mainly within your own industry. How do you get the story out to the people that can and will make a change?
I am a truckers wife and sometimes go on trips. I am familiar with whats going on. Everything u have written is factual. We have had to stop wherever because of exhaustion because we ran out of time and it wasn’t a safe haven. Lot’s of roads are under construction which fatigues and stresses drivers.
Thank you for your comment and sharing your 1st hand experiences. I appreciate you taking the time.
Desiree
I would like to be a supporter of Kevin Roper! We truck drivers need to start standing up and working on making changes.
Yes, we do!