TruckerDesiree

Walmart Crash, Hours of Service and Truck Parking

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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

Uninterruptedmeaning, 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

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