OREGON TRUCK ISSUE 3 2022 ADVOCATING, EDUCATING, AND PROMOTING THE TRUCKING INDUSTRY FedEx’s Member Spotlight EVAN ONETO
A publication of the Oregon Trucking Associations, Inc. 4005 SE Naef Rd., Portland, OR 97267 503.513.0005 • 888.293.0005 Fax: 503.513.0008 • www.ortrucking.org Jana Jarvis President/CEO email@example.com Christine Logue Vice President of Operations firstname.lastname@example.org Gregg Dal Ponte Director of Regulatory Compliance email@example.com Adam Williamson Director of Training & Development firstname.lastname@example.org Zobeida Harp Administrative & Permits Coordinator email@example.com Ligia Visan Director of Accounting firstname.lastname@example.org Christa Wendland Communications Consultant email@example.com Mark Gibson Government Relations Policy Advisor firstname.lastname@example.org For information about OTA events and to register online, visit www.ortrucking.org. Published for OTA by LLM Publications PO Box 25120, Portland, OR 97298-0120 503.445.2220 • 800.647.1511 • www.llmpubs.com President Stephen Bloss Design Hope Sudol Advertising Sales Ronnie Jacko For information about advertising in the Oregon Truck Dispatch, please contact Ronnie Jacko at 503.445.2234 or email@example.com. Thank you, advertisers! Your support makes this publication possible. Please support them and tell them you saw them in the OTA Dispatch. 2 OTA Chair’s Message 3 OTA New Members 4 OTA President’s Message 5 Event Calendar 6 Trucking’s Strengths 11 OTA Annual Permits 18 OTA Council Updates Issue 3 2022 CONTENTS Stay Connected With Us @OTAOregon Oregon Trucking Associations @ORTrucking @ORTrucking.org Regulatory Compliance 8 Membership in OTA Provides Opportunity to Address the Challenge of Change Events 12 71st Annual OTA Convention & Exhibition 16 A Hole-in-One—2022 Bob Russell Golf TruckPAC Tournament 20 OTA Celebrates Drivers With a Free Lunch During National Truck Driver Appreciation Week Featured 22 The Country’s Most Generous Paid Leave is Coming to Oregon: Are You Prepared? 24 OTA Carrier Member, Evan Oneto Safety 28 Safety—What Is Our Motivation? 30 Are Your Drivers Prepared For a Crash Investigation?
Oregon Trucking Associations, Inc. Oregon Truck Dispatch THIS WILL BE my final Dispatch column as the OTA board chair. I leave the position—and this writing assignment—in the capable hands of Evan Oneto, who officially moved into the role during the Annual OTA Convention in August. Change is always inevitable, and it looks like trucking is in for some serious changes in the near future, ready or not. What some outside of the industry are calling “transformative” typically translates into painfully expensive and problematic for those of us operating in the real world. While the trucking industry has always and will always be ready for reasonable change, it’s unclear if those dictating this current list of changes understand that the tools to create this proposed “transportation transformation” aren’t quite there yet. When I became the OTA Board Chair in 2019, I was looking forward to spotlighting my experiences around driver recruitment, including workforce boards, and some less “traditional” methods. What none of us saw coming was a global pandemic that would shift priorities and throw everything into a tailspin. Except for trucking, we continued to do what we do best— keep moving forward. As I look back on my tenure as OTA chair, I gain even more respect for the industry that I’ve been around most of my life, as well as OTA as the association that travels this sometimes crazy path with us. As the world shutdown, American trucking kept moving. With constantly changing information, expectations, requirements, guidelines, and eventually mandates, we relied even more on OTA to connect our industry with agencies and experts to tackle whatever came next. Now, we’ve made it through the worst of COVID-19—we hope—but our country and our economy didn’t come out unscathed or unchanged. Contrary to popular belief, change is something that trucking is relatively good at. Just think about the first years of the association we know as OTA. What were the issues and concerns of members over 80 years ago? Climate change policies, global supply chain disruptions, and a labor shortage likely weren’t on the list. Infrastructure improvements probably were. Coming out of the pandemic, we were also faced with a new set of political pursuits at the national and local level. Granted, Oregonians are a little more familiar with this rush to alternative energy than other parts of the country, but what was considered a bit of science fiction a few years ago is now being forced into real world applications— again, ready or not. Our current economic environment has either exacerbated or created many of the challenges we now face. Our ongoing driver shortage has expanded to a full-blown labor shortage—and not just in trucking. Worker priorities have shifted. Some have no desire to re-enter the workforce after two years of pandemic-induced unemployment payments. What was hard— finding skilled workers—is even harder now, especially when trucking requires a certain level of specialization from our drivers, our technicians, and others. This takes me back to my original intent when I became the OTA chair—exploring less traditional methods of recruitment. State workforce boards are, I believe, a relatively untapped source. My goal was, and is, to get a trucking representative on each of Oregon’s nine boards. These boards provide a direct connection to potential recruits, as well as an avenue to grants, and other outreach. The trucking industry also continues to become even more diverse, with more women and minorities joining our ranks, whether behind the 2 Andy Owens OTA Chair Getting involved at this level gave me a unique perspective of everything our association does for us—and also of the role we all play in OTA’s success. On to the Next Chapter… Are electric trucks ready for primetime? Are hydrogen fuel cells the real path forward? I guess we’ll find out soon enough.
www.ortrucking.org 3 Issue 3 | 2022 EXECUTIVE COMMITTEE Chair & ATA State VP Evan Oneto (FedEx) Vice Chair Erik Zander (Omega Morgan) Secretary/Treasurer Bart Sherman (Sherman Bros. Trucking) ATA State VP Nick Card (Blackwell Consolidation) Past Chair Andy Owens (A&M Transport) ISI Rep Diane DeAutremont (Lile Int. Co.) Chair Appointee Ron Riddle (Leavitt’s Freight Service) DIRECTORS-AT-LARGE John Barnes (TEC Equipment) Greg Galbraith (Market Express) Scott Hammond (Knife River Corp.) Heather Hayes (Tradewinds Trans.) David Hopkins (TP Trucking) Charles Ireland (Ireland Trucking) Kirk Watkins (Western Heavy Haul) Regional Representatives Central Oregon Ron Cholin (Stinger Transport) Eastern Oregon Roni Shaw (Bowman Trucking) Metro Region Tim Love (Carson Oil Co.) Southern Oregon Ryan Hutchens (F.V. Martin Trucking) Willamette Valley Ron Bowers (Ron Bowers Inc.) COUNCIL REPRESENTATIVES Safety Management Council (SMC) Jennifer King (WHA Insurance) Technology & Maintenance Council (TMC) Mike Vallery (Oak Harbor Freight Lines, Inc.) Standing Committee Representatives Allied Trevin Fountain (Cummins) Government Affairs Kristal Fiser (UPS) Highway Policy Kristine Kennedy (Highway Heavy Hauling) Image Michael Card (Combined Transport) Membership Nick Card (Combined Transport) OTA in Action Mark Gibson (Siskiyou Transportation) Truck PAC Erik Zander (Omega Morgan) COMMITTEES Allied Government Affairs Highway Policy Image Membership Oregon TruckPAC OTA in Action To learn more about the committees or councils listed above, contact OTA at firstname.lastname@example.org or 503.513.0005. 2022/2023 BOARD OF DIRECTORS OTA Welcomes the Following New Members! BMO Harris Bank Commercial Tire Del Barber Excavation, Inc. Forest City Trading Group Rivermark Community Credit Union Rogue Medical Septic Medic, Inc. SS Welding Weitman Excavation wheel or in executive offices. To fill all of our open positions, it’s imperative that we explore every option and consider that our approach and priorities will change right alongside the workforce we depend on. Oregon’s politics may also be shifting soon, as we vote on new executive leadership this November. No matter how you decide to vote, change is coming. In the end, no matter the makeup of the legislature and government agencies, and no matter who is sitting in the governor’s office, trucking must continue to present a united front. OTA will continue to fight on behalf of our industry, but it’s up to us as companies and individuals to get involved and invest in the outcomes that will shape trucking’s future. OTA makes the connections that can influence results. With fully funded special interest and labor groups often on the other side of the battle lines, we have to seize every opportunity to make a difference. We can define our industry and our future, not by the changes and challenges put before us, but by how we react to them. We all have full schedules. We all have our own considerations when it comes to running our companies. We all would like to take an extended vacation somewhere without cell service. But we all also have the opportunity to affect the future of Oregon’s trucking industry. As an OTA member, you know the value of having a collective voice, but we can assume that someone else will always speak for us. We need to yell just as loud as the person next to us. Imagine going to a football game where one team only has five guys on the field when the other team is at full force. It’s time for all of us to step on the field. The penalties will only come if we don’t. Even with all of the ups and downs over the past few years, I enjoyed my time as the OTA Board Chair. Getting involved at this level gave me a unique perspective of everything our association does for us—and also of the role we all play in OTA’s success. I encourage you to explore how you can get more involved in OTA’s mission. It doesn’t have to mean a huge time commitment. It can be as simple as sharing your experience with a potential new member, or attending an ODOT meeting, or submitting public comments when the call goes out. I know Evan, the OTA executive committee, and all of us are up to the task of moving the association forward into its next chapter. I’m just glad that I got to be part of the story. All members are listed in our online directory via the member portal.
4 Oregon Trucking Associations, Inc. Oregon Truck Dispatch FROM THE PRESIDENT Jana Jarvis OTA President/CEO CHANGE, CHALLENGE, OPPORTUNITY. The theme of this year’s Annual OTA Convention & Exhibition, held this past August in Bend, highlighted both the risks and opportunities in today’s Oregon business climate. By the time you read this article, we will be heavily into the political campaign season, and your inclination will likely be to record the shows you want to watch so you can fast forward through all of the political commercials! I would caution you to look more closely this year. Vote carefully this year, more so than any year previously. As immersed as I am in the political process in Oregon, and as familiar as I am with the variety of candidates that appear on my ballot, there are always a number of races or issues I am unfamiliar with and my analysis of them is usually only cursory. I tend to read the voter’s pamphlet to see who is in favor and who is opposed. I read candidate statements and see who is supporting them. And then I make a partially informed decision about who and what to support. In years when the economy is good, the Legislature is balanced, and if we seem to be headed the right direction, this strategy can work. But the 2022 election is different. There is too much at stake to rely on other’s perception of an issue or a candidate. This year you need to do the work to learn as much as you can before you mark your ballot. There is simply too much at stake. For over a decade the Democrats have controlled the agenda. During some of those years Republicans have been able to negotiate these policy decisions—but more recently they have been shut out of the discussion altogether. And the new government programs have kept coming. First, we had the Oregon Family Leave Act (OFLA) that allowed employees to take unpaid time off to care for a family member. Now, we also have the Paid Family Medical Leave Act that contains different qualifying criteria and can conflict with OFLA statutes. The Corporate Activity Tax is required from some members, but not others depending on your gross receipts business activity. And then, in an unprecedented move, the Governor imposed an Executive Order designed to entirely change Oregon’s business environment by imposing a plethora of new environmental regulations on how we live and do business. We are seeing similar actions at the federal level. Uncertainty is breeding political unrest on both sides of the aisle. Rhetoric is supercharged and often borders on the ridiculous. And the sound bites just keep coming… Interestingly enough, one of the most productive legislative sessions I ever experienced was when the Oregon House was split 30–30. Leadership with co-speakers from both parties was the compromise and they had to both agree to move a given policy forward. The R’s and the D’s worked together to find innovative solutions to the problems before them, and at the end of the session there was a sense that this compromise had resulted in a positive direction for Oregon. It was short-lived, as the next election cycle changed the composition of the legislature and compromise started to wane. It took several years to reach the point where the minority party had virtually no say in the policy before them, but that’s where we have most recently found ourselves. And that hasn’t made Oregon a better place to live or do business. Crime, homelessness, failed schools, and outward migration point to a dismal future unless we use this election to make significant changes. Not only do candidates have to say the right thing…they need a plan of action and the skill to bring the players together to find the right solution! We need elected leaders who understand the problem, are willing to listen to a variety of proposed answers, and then lead us to a best solution for all Oregonians—not just those on one side of the aisle or in one portion of the state. We need leaders who not only talk the talk—we need leaders who can make the change we need! It’s tough to be the only person in the room trying to advocate for a particular position. I know that all too well. When dealing with large group meetings, I’m often the only person in the group who represents the payer of a system—the customer of the product. As a recent appointee to We have to take advantage of the lack of understanding in these situations and fill the obvious void with our own message. Anticipating Change
5 www.ortrucking.org Issue 3 | 2022 ADVOCATING, EDUCATING, AND PROMOTING THE TRUCKING INDUSTRY EVENTS UPCOMING EVENTS the Tolling Policy Committee, I represent 1/3 of the payers of the state road network, but the other 39 members of the committee represent a variety of advocacy groups. Some are business focused— most are not. Their constituencies want something from us—zero-emission trucks, bicycle e-commerce deliveries, delivery fees, etc. They have a vision for the industry without an understanding that we already work to be as efficient as possible with our labor, our hoursof-service, and our fuel. Sometimes the disagreement comes from a lack of understanding, but often it comes from a differing agenda. We have to take advantage of the lack of understanding in these situations and fill the obvious void with our own message. OTA is committed to developing a network of key contacts for our state elected officials, giving them direct access to someone from the industry to learn about our industry. We have to raise enough TruckPAC dollars so that those running for office want to better understand our priorities and our concerns. If you haven’t donated this year, call us and we will get your contribution in the books! And, we have to engage when key issues are moving forward and another perspective is so desperately needed. So, when you receive a Call to Action, take the time to respond to it. More voices count. And this effort is easier when the elected officials appreciate and understand business. So, we have to help get those candidates into the winner’s box. As you look at this election cycle, do three things this year. ` First, make sure you are registered to vote and that you take the time to fill out your ballot completely. Those school board positions, while important on their own, often result in legislative candidates. County seats or city commissions also often result in legislative candidates. Those judicial positions influence legal opinions that can positively or negatively impact your business. ` Secondly, do your research. Attend a campaign event or two. Listen to the candidates. When they talk about change—ask for details. Are these just talking points, or do they understand the issue and how to solve the problem? Will they just be a loud voice, or can they negotiate with opposing viewpoints to find solutions? `And lastly, prioritize the values that influence your vote. We all want to vote for someone who thinks just like we Get the latest on OTA training & events online at www.ortrucking.org/events. do—but that simply doesn’t happen very often. So, what is most important to you? Someone who understands what it will take to turn Oregon’s business environment around, or someone who is focused on education issues? These are all important values, but you might need to choose between them. Be informed, and prepared to make that decision. Hoping for big change in November!
6 Oregon Trucking Associations, Inc. Oregon Truck Dispatch Mark Gibson, Chair OTA in Action Committee/ President, Siskiyou Transportation IT HAS BEEN an interesting few years since we were struck with the Covid pandemic. It’s been life changing for many, both individuals and businesses. It has changed the way many of us do business, and some of those changes will likely remain for a long time to come. However, in many areas… fortunately…life is returning to how it was before. For many of us, it introduced the concept of video meetings, and trying to make decisions without personal, in-room discussions. I think one of the things that came out of much of this was a stronger surge in special interest groups. People both had the time, and found it easier to sit at home, log into public meetings, and “be involved.” Most of us in the trucking industry still continued to work and do business. However different our routines became, we were still engaged in what we do, “taking care of business.” We are on the edge of a potentially pivotal change in the face of Oregon government. There is a pendulum shift happening (to what extent, we will see in November). We will have a new governor. Each party has put forward their pick, plus we have one unaffiliated candidate that is getting a lot of attention. From the party contenders, one may bring us a bit more of the status quo—or “status woe”—while the other will surely push for change in the way Oregon government has evolved over the past eight years. Next year, we have a full legislative session to look forward to. Although the capital building may still be off limits, to a certain extent, due to construction, there will be plenty going on that will likely attempt to continue to over-regulate and over-tax us all. We in the trucking industry need to continue to be vigilant in our monitory, shaping the opinions of lawmakers, and educating those employed by government agencies. Despite our frustrations, we still have a free society and a government that must listen, or at least be open to hearing the views of its people. OTA and the trucking industry as a whole need to build their grass roots effort more than ever to counter the many special interest groups that are trying to force premature change on the financial backs of the trucking industry. Low-carbon fuel, banning petroleum diesel, forcing the industry to move to electric vehicles. These are all potentially commendable causes to help our environment… however, only when we are positioned to make the changes. We need renewable diesel to be readily available at our pumps here in Oregon. The electrical grid needs to be prepared to support the incredible load that will be placed upon it when we are all charging our electric vehicles. We need to know and evaluate what the true carbon costs are in producing electric vehicles. We need alternative vehicles that can travel more than a couple hundred miles. Not to mention, all of the above need to come with a reasonable price tag. We have many hurdles to overcome. The grass roots movement of our industry has many fronts to act upon. Local government, transportation planners, Metropolitan Planning Organizations (MPO’S), Area Commissions on Transportation (ACT’S), ODOT transportation committees, town hall meetings. The list goes on, and frankly you have all likely heard me mention them while on one of my soap box discussions about involvement. Grass Roots VS Special Interests; Trucking’s Strengths We need to be heard, and the only way to do that is to be involved.
7 Issue 3 | 2022 www.ortrucking.org The point is, officials listen to those that are present and engaged. The business community is often too busy with business to be engaged. However, industry, grass roots organizations such as OTA, and especially the individual members within those organizations have a tremendous voice. Officials listen to those voices. They are voices of experience and honest reflections of how these projects, laws, or regulations affect them and their employees. We need to be heard, and the only way to do that is to be involved. Look for opportunities from OTA or create your own local opportunities to raise awareness, and shift the narrative to one of trucking’s design. Be proactive—don’t just react to what some other group or individual puts out there. You have a voice and now is the time to use it. So please, as my broken record plays again…get involved at any level, just please get involved.
8 Oregon Trucking Associations, Inc. Oregon Truck Dispatch Membership in OTA Provides Opportunity to Address the Challenge of Change By Gregg Dal Ponte, OTA’s Director of Regulatory Compliance REGULATORY COMPLIANCE THE THEME OF this year’s OTA convention was, “Change. Challenge. Opportunity.” Does that theme have any application to a regulatory perspective? I think the answer is a resounding, yes! Philosophers have observed that there is nothing certain in this world. Only “change” is constant and that is the harsh truth that we have to learn to accept. FleetOwner magazine wrote in 2011, “The ongoing drumbeat of regulatory change will continue to place the heaviest pressure on the trucking industry’s ability to provide efficient freight service in the eyes of many carriers and experts—and most believe there will be no let up, despite the potential risks reduced freight efficiency poses to U.S. economic growth.”1 In the decade that followed publication of that sentiment, the transportation industry has certainly been witness to robust federal rulemaking. Considering the following overview. The Federal Motor Carrier Safety Administration (FMCSA) and other agencies have undertaken significant changes thus far in 2022. The new entrylevel driver training rule went into full effect on February 7. This requires any driver applying to take a CDL skills test, hazardous materials endorsement test, or passenger endorsement test to have completed specific training at an entity listed on FMCSA’s Training Provider Registry. Canadian provinces moved from an educational approach to an enforcement approach when it comes to the country’s ELD mandate. Now carriers operating in Canada need to use an ELD that is accredited by one of the third-party certification organizations. Clearinghouse participation by states has become mandatory. States need to put processes in place over the next three years to: ` Not issue a CDL or CLP to a driver listed as prohibited in the Drug and Alcohol Clearinghouse, and ` Downgrade the CDL, or CLP of a driver within 60 days of being listed as prohibited in the Clearinghouse. Registration opened in July of this year for fleets looking to participate in Federal Motor Carrier Safety Administration’s Safe Driver Apprenticeship Pilot Program, which will study how younger drivers operate in interstate commerce. Up to 3,000 commercial drivers between 18 and 20 years old will be accepted into the program, which is backed by the departments of Transportation and Labor, and is part of the 2021 Infrastructure Investment and Jobs Act. Professional drivers younger than 21 are not permitted to operate beyond their home state. This pilot program would grant those drivers exemptions from this federal law. FMCSA is seeking up to 1,000 motor carriers to participate in the program, according to Nikki McDavid, chief of the Commercial Driver’s License Division in the FMCSA’s Office of Safety Programs. The agency is also looking for fleets of all sizes and operations across the country to gather as much diverse data, she added. In a final rule published in the Federal Register which became effective on May 6 of this year, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) updated its regulations to expand the area on windshields where safety technology devices can be mounted. The FMCSA regulations previously required devices with vehicle safety technologies to be mounted not more than 4 inches below the upper edge of the area swept by the windshield wipers, or not more than 7 inches above the lower edge of the area swept by the windshield wipers, and outside the driver’s sight lines to the road, and highway signs and signals. FMCSA modified that regulation (Section 393.60(e)(1)(ii)) to increase from 4 inches to 8.5 inches below the upper edge of the area swept by the windshield wipers where safety technologies can be mounted. The agency also revised the definition of “vehicle safety technology” to include more devices. Vehicle safety technology is now be defined in the regulations as follows: Vehicle safety technology includes systems and items of equipment to promote driver, occupant, and roadway safety. Examples of vehicle safety technology systems and devices include a fleet-related incident management system, performance or behavior management system, speed management system, lane departure warning system, forward collision warning or mitigation system, active cruise control system, transponder, braking warning system, braking assist system, driver camera system, attention assist warning, Global Positioning
9 www.ortrucking.org Issue 3 | 2022 Systems, and traffic sign recognition. Vehicle safety technology includes systems and devices that contain cameras, lidar, radar, sensors, and/or video. California also got in the game in 2022, with January 1 deadlines. To operate in California (regardless of where the vehicle is registered), heavy trucks and buses must meet the following standards: ` Model year (MY) 2006 or older vehicles must have been retrofitted with an engine meeting the 2010 emissions standard. ` MY 2007 to 2009 engines must have a working diesel particulate filter (these trucks were built with them, so it’s just a matter of making sure they’re in place and functioning). If you want to use the low-mileage exemption for a vehicle during 2022, the vehicle and its mileage must be registered in TRUCRS by January 31.2 The Federal Motor Carrier Safety Administration (FMCSA) published a final rule that eliminates the need for drivers to provide a Record of Violations (or, COV) annually. The effective date of the change was May 9. This reason for this change is the driver’s motor vehicle record (MVR), which must be run and reviewed annually, now shows all moving violations and convictions, including ones that took place out of state. The no longer required Certificate of Violations was seen to be duplicative. While this change is a simplification aimed at eliminating duplication, motor carriers nonetheless bear continuing obligation to ensure that drivers are correctly licensed, to wit: ` Carriers must retain COVs collected before the effective date for three years from the document date. ` Carriers must continue to obtain an MVR at least annually for each driver, and have a supervisor review it and note the review (§391.25). ` When hiring a driver, carriers must secure an MVR from all state licensing agencies the driver was licensed through over the previous three years within 30 days of hire (§391.23). ` Carriers will be required to run MVRs for drivers licensed in Canada and Mexico and review those MVRs. Canadian and Mexican motor carriers are already required by their applicable safety codes to request MVRs for their drivers from their country’s licensing authorities. ` The DOT application for employment (required by §391.21) will be changed to require the driver to list each state in which the driver holds an expired operator’s license or permit. ` Drivers who have a CDL must continue to report any traffic convictions to the carrier within 30 days (§383.31).3 Effective June 22, 2022, FMCSA amends the Transportation of Household Goods regulations to incorporate
10 Oregon Trucking Associations, Inc. Oregon Truck Dispatch recommendations from the Household Goods Consumer Protection Working Group (The Working Group) contained in the Recommendations to the U.S. Department of Transportation to Improve Household Goods Consumer Education, Simplify and Reduce Paperwork, and Condense FMCSA Publication ESA 03005 (Recommendations Report). FMCSA incorporates certain recommendations from the Working Group’s Recommendations Report into the regulations at 49 CFR part 375, and makes additional minor changes to the regulations in 49 CFR parts 371 and 375. These changes will streamline documentation requirements, and increase efficiency for the transportation of household goods by interstate household goods motor carriers, improve consumer education, provide protection for individual shippers, and combat fraud. The Working Group was established and provided recommendations pursuant to section 5503 of the Fixing America’s Surface Transportation Act (FAST Act), Public Law 114-94, 129 Stat. 1312, 1551 (Dec. 4, 2015).4 OK, So is Your Head Spinning Yet? Change is the constant in life, and sometimes it occurs fast enough to make one feel as if they are drinking from a firehose. Add DEQ and OSHA changes, and the speed and volume of all of this change is mind boggling. We know for certain that change is inevitable. However, progress is not! How is an individual motor carrier supposed to keep up on all of this flurry of change? Everyone in America knows that “ignorance of the law is no excuse.” It is drummed into students from their first civics class in elementary school, so much so that it is a part of our cultural heritage. This is perhaps an elegant argument for voluntary participation in the Oregon Trucking Association. Why go it alone? Unless any given motor carrier has a staff up to the task to stay constantly informed of the myriad ongoing regulatory changes constantly transpiring, it simply makes sense to take advantage of the OTA summations of what is transpiring. OTA provides Carrier Education classes to help motor carriers get their new employees quickly up to speed and also offers a catalog of training opportunities designed to keep mid-career and seasoned motor carrier employees up to date on a variety of subjects. Change is a constant. Staying abreast of change can be a challenge. But imbedded within the challenges presented by ongoing regulatory change is also an opportunity. Ralph Waldo Emerson once wrote, “No great man ever complains of want of opportunity.” And in this instance, I’d observe that no one can fairly say that the motor carrier industry does not have before it an excellent opportunity to impact the changes which come its way in the regulatory arena. These opportunities have to be seized when they present themselves. How are you supposed to know about currently transpiring or soon to commence FMCSA rulemakings? Point your web browser to this URL: https://www.fmcsa.dot.gov/ regulations/federal-register-documents. Here you will find a page titled Notices and Rulemaking Documents. The FMCSA rules and notices listed here are linked to the Federal Register website. The Federal Register is the Federal Government’s official daily publication of rules, proposed rules, and notices of federal agencies, and provides a forum for public participation in the democratic process. You may filter between Rules and Notices using the Document Type dropdown. The Topic dropdown will provide you with rules associated with that topic while the Subject dropdown will provide you Notices and Rules that mention that subject. The Federal Register provides rules and notices dating back to 1995. This also provides a second eloquent reason to become a member of the Oregon Trucking Association. This reason is summed up in a single word: Advocacy. OTA participates in the policy making arena on the local, statewide, and national levels. Your membership and participation amplifies the voice of OTA and increases its influence among policy makers. The power of OTA membership is another opportunity set forth before you. The value of our association resides in the collective strength of our individual members. Change, challenge, and opportunity. References 1. https://www.fleetowner.com/news/ article/21668866/regulatory-change-poses-biggestchallenge-for-carriers. 2. https://www.jjkellerlibrary.com/news-article/ changes-are-coming-in-2022-maybe. 3. https://www.jjkellerlibrary.com/news-article/nomore-certification-of-violation-or-annual-confessionof-sins. 4. https://www.federalregister.gov/ documents/2022/04/26/2022-08808/ implementation-of-household-goods-working-grouprecommendations. Regulatory Compliance, cont.
11 www.ortrucking.org Issue 3 | 2022
12 Oregon Trucking Associations, Inc. Oregon Truck Dispatch EVENTS 71st Annual OTA Convention & Exhibition: Change. Challenge. Opportunity. IN MID-AUGUST, OTA carrier members, allied partners, speakers, and other guests gathered at the Riverhouse on the Deschutes for the 71st Annual OTA Convention & Exhibition. The event brought together a diverse group to discuss the changes, challenges, and opportunities set before Oregon’s trucking industry. Topics covered ranged from national concerns, such as the supply chain and zero-emission vehicles, to more local issues, such as Oregon’s carbon policy, labor changes, and ODOT projects. Speakers included ATA Chief Economist Bob Costello, ODOT Director Kris Strickler, representatives from vehicle manufacturers, and those involved in alternative energy. A number of OTA committee meetings also took place during the Convention, allowing all attendees to take a closer look at the work that these OTA members volunteer their time to accomplish and to inspire them to get involved. Attendees also had the chance to explore the exhibition floor, filled with OTA allied partners, and the latest goods and services available to help support the people and processes that keep the industry moving. This year’s event also offered plenty of time to connect with colleagues over food and drink, as well as a bit of fun to close things out. During the Annual Award Banquet, attendees were entertained by comedian and magician Art Skinner. Kristine Kennedy (Highway Heavy Hauling) and Andy Owens (A&M Transport) were “willing” volunteers during the show. After a few laughs, OTA recognized the following for their contributions and accomplishments. (see next page)
13 www.ortrucking.org Issue 3 | 2022 CARRIER MEMBER OF THE YEAR Combined Transport ALLIED MEMBER OF THE YEAR Kyle Busse (Markowitz Herbold) SAFETY GRAND CHAMPION Charlie’s Produce FLEET SAFETY PROFESSIONAL Nicole Hawks-Morse (Kool Pak) OTA IMAGE AWARD Market Express Long-time member Lanny Gower (XPO Logistics) was also recognized for his service and dedication to both the industry and the association.
14 Oregon Trucking Associations, Inc. Oregon Truck Dispatch SPECIAL THANKS TO OUR SPONSORS
15 www.ortrucking.org Issue 3 | 2022 SPECIAL THANKS TO OUR SPONSORS JOIN US FOR THE 72ND ANNUAL OTA CONVENTION & EXHIBITION August 15 & 16, 2023 | Riverhouse on the Deschute
16 Oregon Trucking Associations, Inc. Oregon Truck Dispatch A Hole-in-One—2022 Bob Russell Golf TruckPAC Tournament ON A SOMEWHAT sizzling day in July, OTA hosted a sold-out event for this year’s Bob Russell TruckPAC Golf Tournament. Over 150 golfers got an early start, showing both their commitment to the game and their commitment to the Oregon TruckPAC fund and the advocacy work that OTA does on behalf of the trucking industry. While it was all in good fun, we still named the winners during the lunch that followed—both from the tournament and our raffle winners. Winners on the course at Langdon Farms this year were: ` Gross: TEC Team of John Barnes, Grant Small, Bruce Heiburg, and Chris Cornell ` Net: Knife River Team of Brandon Merchant, Robert Pitts, Colby Lutz, and Keith Beach ` Long Drive—Sam Roach ` Closest-to-Pin—Randy Gaunce Gross: TEC Team of John Barnes, Grant Small, Bruce Heiburg, and Chris Cornell Net: Knife River Team of Brandon Merchant, Robert Pitts, Colby Lutz, and Keith Beach
17 www.ortrucking.org Issue 3 | 2022 SPECIAL THANKS TO OUR SPONSORS
18 Oregon Trucking Associations, Inc. Oregon Truck Dispatch OTA COUNCIL Updates SMC and TMC will be taking the summer off, but meetings will resume in the fall—virtually and in-person! Please check our publications and event calendar www.ortrucking.org/events. Please contact OTA with any questions regarding TMC and SMC events: email@example.com. Technology & Maintenance Council (TMC) Update OTA Technology & Maintenance Council had a stellar turnout at its recent Brake Workshop. Over 60 attendees gathered at the Utility Trailer Sales facility in Redmond to hear from Bendix representatives Mark Karlsen and Chad Elder who covered topics including Brake Foundation, Inspection & Adjustments, Proper Adjustments, Foundation Component Inspection, and Diagnosing Wheel End Problems. OTA would like to thank Utility Trailer Sales, especially Elizabeth Gallardo, for hosting the event. TMC is now getting ready for the 2022 Maintenance & Education Fair and the return of the SuperTech Skills Competition, taking place November 4 & 5 at the Pacific NW Truck Museum in Salem. Safety Management Council (SMC) Update Next year is creeping up fast, and that includes the 2023 Spring Safety Conference. It will take place April 5–7 at the Salem Convention Center. The committee will be meeting soon to discuss the agenda and other activities. We’ll also be posting the applications for the annual safety awards—stay tuned!!
19 www.ortrucking.org Issue 3 | 2022 Pacific Northwest Truck Museum - Salem, OR ortrucking.org/events T MC ' s A n n u a l T e c h n o l o g y & E d u c a t i o n F a i r p u t s t h e f o c u s o n t h e t o o l s a n d r e s o u r c e s t e c h n i c i a n s d e p e n d o n . P r e s e n t a t i o n s f r om e x p e r t s o n i mp o r t a n t t o p i c s a n d t r e n d s c omb i n e d w i t h t h e l a t e s t p r o d u c t s a n d s e r v i c e s f r om i n d u s t r y v e n d o r s ma k e t h i s a mu s t - a t t e n d e v e n t f o r t r u c k t e c h n i c i a n s & f l e e t ma n a g e r s ! NOV . 4 , 2022 TMC MAINTENANCE & EDUCATION FAIR NOV . 5 , 2022 A f t e r a t w o - y e a r p a n d em i c p a u s e , t h e u l t i ma t e t e s t o f a t e c h ' s s k i l l s a n d k n o w l e d g e i s b a c k ! T h i s e v e n t s h o w c a s e s t h e i mp o r t a n t w o r k o u r i n d u s t r y d e p e n d s o n t o k e e p mo v i n g , a n d ma y h e l p c omp a n i e s i d e n t i f y a r e a s f o r i mp r o v eme n t . SUPERTECH SKILLS COMPETITION firstname.lastname@example.org
20 Oregon Trucking Associations, Inc. Oregon Truck Dispatch OTA Celebrates Drivers With a Free Lunch During National Truck Driver Appreciation Week By Christa Wendland, OTA Communications Consultant EACH YEAR WE set aside one week for everyone to celebrate America’s dedicated, hardworking truck drivers. Over 3.6 million men and women get behind the wheel every day to ensure that businesses, communities, retail stores, and eCommerce customers receive what they need, when they need (or want) it. Of course, the trucking industry always appreciates our drivers, no matter which week it is. But OTA took this opportunity to show what our drivers mean to us—with a free lunch! OTA started the Meals for Drivers events during the first few months of the pandemic, when truck stops, restaurants, and other facilities were often not open or had reduced services. Providing a free boxed lunch alongside the freeway may not seem like a big deal, but when food isn’t always readily available, it can Even without the pandemic, truck drivers often give up the comforts and conveniences of home. Meal planning falls down the list of importance when trying to stay on schedule and operating within the numerous regulations a driver must follow. During the week of September 11–17, we fed hundreds of drivers at the ODOT points-of-entry near Cascade Locks, Ashland, and Woodburn. OTA staff, with assistance from ODOT and other truck-side volunteers, handed off boxed lunches as drivers passed through. Tracy Cramer, who is running to represent Oregon House District 22, even joined us in Woodburn. With the generous support from many of our members, we were able to feed even more drivers. We were able to offer even more lunches thanks to the generous support of the companies below. We’d also like to thank ODOT and the volunteers who assisted at each event. be.
21 www.ortrucking.org Issue 3 | 2022
22 Oregon Trucking Associations, Inc. Oregon Truck Dispatch The Country’s Most Generous Paid Leave Program is Coming to Oregon: Are You Prepared? By OTA Allied Partner LaPorte Insurance—Dan Petrillo, Vice President THERE’S A BIG change coming for Oregon employers and employees in 2023. The Oregon Paid Family & Medical Leave program is the most expansive mandatory paid leave program of any state in the country, and it is being implemented in the coming months. Every employer in the state must participate, even if you have one employee. Funded through payroll taxes, both employers and employees will contribute, and private plans are an option as well (more below). The Oregon program provides much broader benefits and fewer restrictions on eligibility than any other existing program in the country. In 2019, Oregon passed legislation establishing a statewide Paid Family and Medical Leave Program (PFML) funded through a mandatory payroll tax. The Oregon Employment Department has twice delayed implementation due to COVID-19. Employers must now begin payroll deductions if they are participating in the state plan beginning January 1, 2023. If they are opting out via an approved private insurance plan (see below), they will not be responsible for the payroll tax. The state of Oregon will “pre-fund” this program via the tax beginning January 1. Benefits will not officially begin until September 3, 2023. What is Covered Starting September 3, 2023, Oregon will require all employers in the state to offer employees paid leave for up to 12 weeks (plus two additional weeks in circumstances related to pregnancy), for the following: ` Medical leave for an employee’s own serious health condition. ` Family leave for an employee to care for and bond with their child during the first year after the child’s birth or the first year following the placement of a child through adoption or foster care, and to care for a family member with a serious health condition. ` Safe leave for an employee experiencing issues related to domestic violence, harassment, sexual assault, or stalking. Why is This Plan so Generous? ` The OPFML applies to all employers with a single employee working anywhere in the state (excluding only the federal government and a tribal government). ` Eligible employees are those with $1,000 in annual wages, and lowwage earners may receive 100% wage replacement benefits—no length of service or hours of service requirement. ` The program expands the definition of family member to include any person related by blood or whose relationship is “like family.” ` There is no waiting period for paid leave. Unlike other disability plans, OPFML has no wait period before benefits are paid.
23 www.ortrucking.org Issue 3 | 2022 Who is Defined as a “Family”? ` Spouse or domestic partner ` Child, or the child’s spouse or domestic partner ` Parent, or the parent’s spouse or domestic partner ` Sibling, or stepsibling or the sibling’s or stepsibling’s spouse or domestic partner ` Grandparent, or the grandparent’s spouse or domestic partner ` Grandchild, or the grandchild’s spouse or domestic partner `Any individual related by blood, or an affinity whose close association with an eligible employee is the equivalent of a family relationship An employee can take medical, family, and safe leave in any combination not to exceed 12 weeks of paid leave in a benefit year. An additional two weeks of paid leave is available to women for pregnancy, childbirth, or related circumstances for a total of 14 weeks of paid leave. An employee may qualify for four additional weeks of unpaid family leave for a qualifying reason under ORS 659A.159 (opens a new window) for a maximum total of 18 weeks of leave. How is This Being Funded ? Employers will pay 40% of PFML contributions, and employees will pay 60%. Employers with fewer than 25 employees are exempt from contributing, but employees, regardless of employer size will be required to contribute. Employees will be eligible for 12 weeks of benefits per year, with an additional two weeks of benefits for pregnancy-related leave. An employee can take a total of 16 weeks a year under the program in any combination of paid and unpaid leave (18 weeks if pregnancy-related leave is also taken). Benefits are based on the worker’s average weekly wage, up to a maximum. Leave is job-protected. Employers may request approval to provide leave benefits through equivalent programs. Can I Opt Out? If you have 25 or more employees, you will be obligated to contribute to paid leave. However, you do have the option of offering an equivalent plan to the state of Oregon’s via a private insurance plan. There are many reasons to consider this route, from rate savings to rate stability, to claims adjudication. We are confident that by transferring this paid leave risk to an insurance company (whose day-today job is managing claims), employees will be paid timelier, claims tracked more efficiently, and claims investigated more thoroughly. Furthermore, this insurance policy will not go into effect until Sep. 3, 2023, the official start date of the program. If participating in the State’s program, you will be paying 8-plus months of a 1% tax into the trust fund without any benefit. The state will begin accepting applications to approve private insurance plans beginning Sept. 6. In order to qualify with a private insurance plan, the state will need to approve this plan prior to November 30, 2022. If you are interested in looking at your options, please contact me. OTA is currently developing a program to offer future solutions. Dan is Vice President and Managing Shareholder at LaPorte Insurance. LaPorte is the OTA’s endorsed Employee Benefits insurance broker.
24 Oregon Trucking Associations, Inc. Oregon Truck Dispatch FedEx OTA Carrier Member WHILE THE MAJORITY of Oregon trucking companies tend to be smaller and multi-generational, there is no question that national and global carriers play a strong role in keeping goods moving. Oregon businesses and consumers depend on these larger carriers just as much. From an operational perspective, there are certainly differences between running 40 trucks vs. 40,000 trucks—but there are also plenty of similarities and shared goals. Evan Oneto, Senior Government Affairs Representative at FedEx Corporation, talks about his experiences—both big and small. The Path to Trucking Evan was initially exposed to the transportation industry while working in California at the State Capitol. California, possibly more than any other state, continues to develop and drive transportation and trucking policy. With negotiating as part of his job, Evan gained a unique perspective and understanding of the issues. He was hired by FedEx Corporate in July 2011, and is currently tasked with representing FedEx before state and local government on local transportation issues. In his role with FedEx, Evan frequently engages with trucking associations, exposing him to the many challenges that are common across the trucking industry. “There is no question that trucking has defining characteristics that other industries don’t. While it falls under the broader umbrella of transportation, like rail or air freight, trucking has different policy and operating boxes to check. Making that point with government bodies and regulatory agencies is vital to trucking’s efficiency and success,” commented Evan. “It is good people who make good places.” EVAN ONETO FedEx—The Rundown ` Started in 1973 ` 600,000 worldwide employees `Around 40,000 trucks By Christa Wendland, OTA Communications Consultant & Christine Logue, OTA VP of Operations
25 www.ortrucking.org Issue 3 | 2022 Having spent nearly 20 years working in the political realm, an industry that can be marked by its share of cynicism, Evan cites the people as one of his favorite things about the trucking industry. Referring to those in the industry as “salt of the earth,” Evan finds trucking a much easier industry to defend than others. “Trucking is an easy industry to be proud of,” Evan offered, “Being hardworking, family-oriented, and patriotic are all part of trucking’s culture.” Evan welcomes the opportunity to educate others on how trucking functions as the backbone of the country and defend the reputation of trucking, pointing out truck drivers as unsung heroes of the country. Trucking’s Biggest Hurdles Evan’s unique perspective again comes into play when evaluating some of the industry’s biggest challenges and how they can create somewhat of a “chicken or the egg” environment. He points out that trucking is under-resourced as compared to other industries, creating a low-margin, time-intensive business. This, in turn, makes it a struggle to have adequate representation and participation from the industry. “The nature of the trucking business is that our folks are busy working and cannot always show up. The country depends on trucks to keep making deliveries, no matter the heavy regulatory burden and increasing operational costs. That’s why it is so important to get involved with state trucking associations, so there is a united front.” Respecting the Bigger Picture Trucking is a diverse industry, with diverse priorities and problems. Those expand even more outside of the industry. Evan has witnessed the tunnel vision that can afflict those busy working in their individual sectors of the industry, thus missing the larger trend that can impact all of trucking. Whether it is talking to fellow truckers from other sectors, skeptical policymakers, or even trucking critics, Evan offered some words of wisdom, namely: “Don’t be afraid to stick your hand out and meet people. Have a conversation and keep an open mind about things.” Evan gained expertise by participating in associations and other groups. He was able to obtain a better understanding of the various sectors in trucking, as well as perspectives from outside the industry. “Interacting with your like-minded peers is a valuable practice, but it’s also insightful to engage with those coming at issues differently,” Evan advises, “You may not agree with their position. You may question the basis of their argument. Their opinions may sway you or just reinforce your original stance. In the end, you’ll be better at representing the trucking industry by seeing the bigger picture.” Of course, conversations, like with the best freight routes, need to be freeflowing in both directions with a limited number of hidden pot holes. Does Size Really Matter? When it comes to trucking, that’s a yes and no answer. Issues including equipment availability, customer expectations, and workforce challenges unite carriers of any size. But the paths can diverge, according to Evan. “Global carriers, by default, often have more resources to address issues; however, getting answers can be more difficult because of the levels of management involved and additional restrictions.” In addition to getting answers more quickly, Evan points to the nimbleness of smaller carriers. “Smaller carriers can react and adapt faster. Larger carriers tend to be more cumbersome, and it takes longer to implement change.”flippingbook.com