issue 12-09

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Coalition Files Lawsuit to Challenge Revised Hours of Service Rule

The federal rule for truck driver hours of service (HOS) still fails to make needed improvements to protect the public from tired truckers and should be subjected to judicial review, according to Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, and two truck drivers in a lawsuit filed on February 24 challenging the new rule.

In the lawsuit, filed with the U.S.

FMCSA Releases Booklet with 24 HOS Logbook Examples

The Federal Motor Carrier Safety Administration (FMCSA) recently released a 30-page publication that includes 24 hours-of-service (HOS) logbook examples. Most of the examples focus on the changes to the hours-of-service rules in the December 27, 2011 Final Rule.

Port of Baltimore Sets Records in 2011 for Containers and Cars

On February 9, the Port of Baltimore announced it had continued to rebound strongly in 2011 from the economic recession by handling more containers and autos than during any other previous year. Both containers and autos are key targeted cargo commodities for the Port.

Superintendent Sentenced to Home Detention, Probation after Fatal Fall

In February, the website for the Occupational Safety and Health Administration (OSHA) listed 35 cases in which it cited companies and proposed substantial fines for workplace violations. But there may be even harsher personal consequences for those involved with violations. As reported in the February 24 issue of Construction Labor Report, a construction site superintendent who pleaded guilty to a willful violation of workplace safety rules causing the death of an employee was sentenced February 15 by the U.S.

NIOSH Survey Planned on Injury, Illness Undercount

The National Institute for Occupational Safety and Health (NIOSH) is planning a two-year survey to gather information on the underreporting of chronic work-related injuries and illnesses among people who were treated in emergency rooms.

NBIS Provides Guidance of Gas Cylinder Recall

On February 23, 2012 the U.S. Consumer Product Safety Commission (CPSC) released a voluntary recall of Map Pro, Propylene and MAPP Gas Cylinders from Worthington Cylinders Wisconsin, LLC, stating “the seal on the cylinders can leak after torches or other fuel burning equipment are disconnected from them, posing a fire hazard.” Click here to read the full recall memo.  

The company voluntarily announced the recall of more than 29 million gas cylinders in the U.S.

West Virginia Court Rules Corporation Must Be Represented by an Attorney

As reported in the February 24 issue of the State Laws Newsletter, the West Virginia Supreme Court of Appeals has ruled that a company appealing a property tax assessment had to be represented in court by an attorney, and that a state statute that allowed representation by an agent of the corporation was invalid. The company had sought to be represented by its vice president, but the lower court advised that representation in court must come from an attorney.

Alabama to Change Fuel Tax from Distributor Level to Terminal

Effective October 1, the Alabama Department of Revenue will change the level of taxation from the distributor level to the terminal rack or upon import into Alabama.

ACT Research Notes Strength of Trailer Orders in January

January trailer net orders eased from December to 26,000 units, but they were the strongest orders for the first month of the year since 2006, according to an update published by ACT Research Co. on February 23. “The trailer industry is now entering its third year of the recovery cycle,” reported Frank Maly, ACT Research Director-CV Transportation. “Rising backlogs and low levels of cancellation activity add to the strength of demand for trailers.

Construction Worker Pay Drops Slightly in January

Construction workers earned an average of $23.57 per hour in January, dipping from $23.79 per hour in December, according to figures released February 17 by the Bureau of Labor Statistics. Weekly earnings dropped to $890.95 per week in January from $923.05 in December. The average workweek in construction dropped one hour to 37.8 hours per week in January.