Owner Operators - The Grapevine

Eight Percent (1 in 12) of U.S. Workers Use Drugs
A little more than 8 percent (1 in 12) of full-time workers in the United States acknowledge having used illegal drugs in the past month according to government reports.
Most of those who report using illicit drugs are employed full-time, with the highest rates among restaurant workers (17.4 percent) and construction workers (15.1 percent) according to the federal study. About 4 percent of teachers and social service workers reported using illegal drugs in the past month, which was among the lowest rates.
Federal officials said that the newest survey is a snapshot and not designed to show whether illicit drug usage in the workplace is a growing problem or a lessening one. The current usage rate is 8.2 percent. Two previous government surveys reflected a usage rate of 7.6 percent in 1994 and 7.7 percent in 1997, but those studies involved a much smaller sample of interviews.
The latest study comes from the Substance Abuse and Mental Health Administration, an agency within the Heath and Human Services Department. The data are drawn from the agency's annual surveys in 2002, 2003, and 2004 of the civilian, non-institutionalized population. Each survey included interviews with more than 40,000 people, who were each paid $30 to participate.
An agency official said that most of the illicit drug use involved marijuana. Anne Skinstad, a researcher and clinical psycholist, called the survey's results "very worrisome" because there are fewer treatment programs than there used to be to assist employees and employers with a dependence on drugs.
However, testing programs for drug use are fairly prevalent, with 48.8 percent of full-time workers telling the government that their employers conducted testing for drug use. The study also showed that the prevalence of illegal drug use reported by full-time workers in the past month was highest among younger workers.
Nineteen percent of workers age 18 to 25 said they used illegal drugs during the past month, compared with 10.3 percent among those 26 to 34; 7 percent were among those age 35 to 49; and 2.6 percent among those 50 to 64. Men accounted for about two-thirds of the workers-6.4 million-who reported using illegal drugs in the past month. Men were also more likely than women to report illegal drug use in the past month-9.7 percent for men, versus 6.2 percent for women.
The study also looked at alcohol use by workers. About 10.1 million full-time workers, or 8.8 percent, reported heavy alcohol use. Heavy alcohol use was defined as drinking five or more drinks on one occasion at least five times in the past 30 days.
Government Enforcing Rule That Truckers Speak English
Interstate truck and bus drivers across America may find themselves pulled off the highway if state troopers or vehicle inspectors find they can't speak English.
The requirement has been on the books for decades, but enforcement began ahead of a program to allow Mexican trucks in the U.S. interior.
"We have found people in violation of this for a number of years and we're working feverishly to correct it," said John Hill, head of the Federal Motor Carrier Safety Administration.
Since 1971, federal law has said that commercial drivers must read and speak English "sufficiently to understand highway traffic signs and signals and directions given in English and to respond to official inquiries."
Now, after more than a decade of legal wrangling, U.S. highways are opening up to trucks from Mexico-leading to disruptions in the border status quo.
Indeed, Mexican truckers said they were prepared to leave merchandise in Mexican warehouses if U.S. authorities insisted on fines for not knowing English in the border zone.
U.S. commercial drivers going into Mexican interior, part of the reciprocal agreement, will have to speak Spanish.
Jose Rocha Rodriguez was one of the first drivers to be curtailed for not knowing English. He said he wasn't fined but given a notice saying he could not pass the border zone. "They talk to you now in English and they've never done that before," he said.
Jose Mendoza, a 25-year old driver in Nuevo Laredo, Mexico, said the drivers felt discriminated against, and that U.S. officials were looking for any pretext to fine them. "They are giving us all kinds of fines. Last week, for a headlight that I could change myself, they charges me $150.
FMCSA Proposal Mandating Minimum Training Standards Forwarded to OMB for Review
Those who want to become truck drivers may have it a bit tougher in the future. The Federal Motor Carrier Safety Administration (FMCSA) is proposing new minimum requirements for entry-level commercial motor vehicle drivers, including behind-the-wheel training.
The proposal has made it to the Office of Management and Budget (OMB). That office has 90 days to review the proposal, but it could stay there even longer according to Duane DeBruyne, deputy director, office of communications, FMCSA.
So far, little information is available on the proposal. What is posted to the OMB site is as follows:
"This rulemaking would require behind-the-wheel training for persons who must hold a Commercial Driver's License to operate commercial motor vehicles. This action is in response to the U.S. Court of Appeals for the District of Columbia Circuit's December 2005 decision remanding the May 21, 2004, Final Rule, ‘Minimum Training Requirements for Entry-Level Commercial Motor Vehicles Operators' to the agency for further consideration. The rulemaking will consider the effectiveness of CMV driver training in reducing crashes, the appropriate types and levels of behind-the-wheel training that should be mandated and related costs.
Court Stays HOS Regulations Until December 27
The Washington D.C. Court of Appeals recently decided to keep the current hours-of-service (HOS) regulations in place until December 27, 2007 to give the Federal Motor Carrier Safety Administration (FMCSA) more time to consider possible changes in the rules in light of the court's earlier July 24, 2007 decision. At that time, the court voided the 11-hour driving limit and the 34-hour restart provisions of the HOS regulations on procedural grounds.
The American Trucking Associations (ATA) filed a motion with the court on September 6, 2007 asking that the court keep the current HOS provisions in place for an eight-month period, allowing the Federal Motor Carrier Safety Administration (FMCSA) time to issue a new final rule. In its motion, ATA stated that a stay was needed to prevent serious disruption to trucking operations and that a change to the HOS regulations requires several months of preparation for trucking operations in the areas of operations and compliance.
On September 21, 2007 FMCSA filed a memorandum with the D.C. Circuit Court of Appeals asking the court to delay implementing the recent ruling on the HOS regulations governing commercial motor vehicle (CMV) drivers. The agency expected the necessary regulatory process to take approximately 12 months, and urged the court to grant a stay of 12 months rather than the 8 months requested by ATA. Under the Court's Rule 41, however, any stay of a mandate does not extend beyond 90 days ordinarily, thus the December 27, 2007 date.
After the court's ruling, ATA indicated in a press release that it was pleased the court granted its motion for a stay in part. The association said that it was confident the court had provided FMCSA with sufficient time to issue an interim rule that retains the 11-hour driving limit and the 34-hour restart. It also said that it would continue to urge FMCSA to proceed to a final rule in a timely manner.
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