The Trucker News Staff

SAN FRANCISCO – The U.S. Department of Labor (DOL) has ordered a San Jose trucking company to pay more than $145,000 in back wages and damages after a federal whistleblower investigation found the company retaliated against two workers who refused to drive commercial motor vehicles when they felt too sick or fatigued to drive safely. Investigators with the department’s Occupational Safety and Health Administration (OSHA) determined Transdev Services Inc. issued disciplinary points to the two drivers after they reported their inability to operate the vehicles. The points led to the termination of one worker. The company’s actions violated the Surface Transportation Assistance Act’s whistleblower provisions, the DOL ruled. OSHA ordered Transdev Services to reinstate the fired employee and remove disciplinary points from both employees’ records for their refusals to drive. The agency also required the company to pay the terminated driver $95,000 in back wages and damages and pay $50,000 in damages to the other worker. “Employees who report workplace safety concerns are protected by federal law against retaliation of any kind,” OSHA Regional Administrator James D. Wulff in San Francisco said. “In this case, two drivers alerted Transdev Services of their concerns for their safety and that of others and were punished for doing so. This is illegal and employers need to know that they will be held accountable for violating worker’s rights.” In addition to the back wages and penalties, OSHA ordered Transdev Services to train managers, post a notice informing their employees of workers protection rights under federal law and revise company policy to comply with the Surface Transportation Assistance Act. Transdev Services may appeal the order to the department’s Office of Administrative Law Judges. OSHA enforces the whistleblower provisions of STAA and 24 other statutes protecting employees who report violations of various motor vehicle safety, commercial motor carrier, airline, consumer product, environmental, financial reform, food safety, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust and anti-money laundering laws and for engaging in other related protected activities. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.  

ALBANY, N.Y. — A new budget includes a $32.8 billion, five-year capital plan for programs and proposed projects administered by the New York State Department of Transportation. The adoption of this new capital plan, the largest investment ever in the state’s transportation infrastructure, represents a $9.4 billion (40.2%) increase over the prior five-year plan period. “The new transportation plan prioritizes and refocuses investments on state and local roads and bridges in smaller municipalities; makes our state’s communities more resilient to extreme weather events; and incorporates strategic investments to reconnect neighborhoods and facilitate regional economic growth, while creating thousands of new jobs,” a news release stated. New York Gov. Kathy Hochul called the plan extraordinary and much needed. The plan, she said, “sends a strong signal that New York is building back stronger than ever from the depths of the pandemic. With this blueprint, we will give communities the infrastructure they need to unleash their full potential, enhancing connectivity, supporting transportation alternatives, and correcting the injustices of the past. I applaud Majority Leader Stewart-Cousins and Speaker Heastie for their help in getting this done.” The cornerstone of the new transportation capital plan is the targeted and record level of investment directed toward local roads and bridges in smaller municipalities throughout New York. Under the enacted transportation capital plan, direct support for local roads and bridges increases to more than $6.1 billion over the five-year period, an increase of nearly $2.5 billion (69%) including the doubling of funding available through the BRIDGE NY program and the new Operation Pave our Potholes initiative. In parallel, the enacted capital plan provides the resources necessary for the Department to maintain and renew state-owned assets. State officials say that the adoption of this plan will drive historic levels of funding for local governments, make supply chains more efficient and better position the private sector to create highly skilled well-paying jobs. PLAN HIGHLIGHTS Revitalizing the South Bronx by reconstructing the Bruckner Sheridan Interchange at Hunts Point (New York City Region) – This project, currently in construction by the New York State Department of Transportation, will transform neighborhoods in the South Bronx by correcting the planning mistakes of the past by prioritizing health and safety. The construction of the new highway interchange; entrance and exit ramps; and rehabilitation of the Bruckner Viaduct will reduce commercial truck traffic in local residential areas; improve mobility, operations and safety; and mitigate poor air quality and harmful emissions in the South Bronx, one of the communities with the highest asthma rates in the nation. This project will also support the sustained growth of the Hunts Point Food Distribution Center, which provides up to 60 percent of the produce, meat and fish consumed by New York City residents and visitors, by providing direct access to the campus. The Hunts Point Distribution Center employs more than 6,000 workers. In addition, the project will construct a new 1.5-mile shared-use path providing a connection to the 138th Street bike path heading to Randall’s Island, Manhattan and Bronx River Greenway. The enacted budget includes $550 million toward the final phase of construction. All phases of this project are scheduled to be completed in the fall of 2025. Reconfiguring the Oakdale Merge (Long Island Region) to alleviate congestion where Sunrise Highway (Route 27), Montauk Highway (Route 27A) and other roadways converge. The state has committed $30 million to begin the federally required environmental review process for reconfiguring the Oakdale Merge in Suffolk County. The merge can no longer accommodate the approximately 126,000 vehicles that traverse the area daily and reducing recurring delays will mitigate harmful emissions impacting adjacent communities and improve quality of life for Long Island commuters. Begin a study to discuss covering a portion of the Cross-Bronx Expressway (New York City Region) and consider alternatives for reconnecting communities severed by construction of the viaduct to create new open public spaces, enhance bicycle and pedestrian safety along local streets and reduce the harmful impacts of noise, air and heat pollution adjacent to the Expressway. This assessment represents a critical step toward removing unjust physical and economic barriers to residents of the Bronx. Converting the Route 17 corridor in Orange and Sullivan Counties (Mid-Hudson Region) — Landmark investments in the Mid-Hudson Valley have resulted in the expansion of Woodbury Common and the construction of Legoland and Resorts World Catskills Casino. Over the past several years, projects have been completed by the Department of Transportation to further upgrade sections of Route 17, including reconstruction of the interchange at Exit 131, where Route 17 meets Interstate 87 and Route 32 (Woodbury Common) and reconstruction of Exits 122 and 125 (Legoland) to meet interstate standards. Up to $1 billion of the capital plan will be used to accelerate the conversion of the Route 17 corridor in Orange and Sullivan counties to Interstate 86, fueling transformative levels of economic growth in the region and improving quality of life by alleviating congestion. Constructing the Community Grid in the City of Syracuse (Central New York Region) — Interstate 81 serves as an essential travel corridor for the Central New York Region, especially the downtown Syracuse area. The Community Grid project has been highlighted by President Biden as reflective of the Administration’s priorities on equity, economic opportunity and transforming neighborhoods left behind. The enacted capital plan includes $1.1 billion, the balance of the $1.9 billion project commitment, toward replacing the elevated downtown viaduct structure with a new Community Grid that would disperse traffic along local north-south streets, upgrading a section of Interstate 481 and redesignating it as the new Interstate 81. The project will reconnect neighborhoods severed by construction of the original interstate and rejuvenate the downtown area with the construction of safe pedestrian and bicycle access for users of all ages and abilities. Raising the Inner Loop freeway in the City of Rochester (Finger Lakes Region) — The state has committed up to $100 million in the new capital plan toward raising the Inner Loop North freeway in the City of Rochester. This new phase builds upon the successful completion of the Inner Loop East project administered by the City of Rochester in 2017, which raised and reconnected a two-thirds mile below-grade expressway into an at-grade boulevard. The new Inner Loop North project will reconnect several separated communities within downtown Rochester; provide direct links to the Genesee River and the High Falls District; connect and expand upon the investments from the ROC the Riverway program; promote connectivity; create new world-class greenspaces; and facilitate opportunities for economic development, including new infill development. Restoring the Majestic Humboldt Parkway in the City of Buffalo (Western New York Region) — The new transportation capital plan includes up to $1 billion to reconnect the east-west neighborhoods across the depressed section of the Kensington Expressway corridor and re-establish the green space originally provided by Humboldt Parkway without compromising the long-term capacity of the important regional transportation link provided by the expressway. The existing Expressway is critical to the region and has both operational and structural deficiencies that require significant investment to address. This project will promote a community-based approach to restoring the historical and cultural significance of this corridor severed by construction in 1958. Replacing the Livingston Avenue Railroad Bridge (Capital Region) — The Livingston Avenue railroad bridge provides a critical link for passenger rail service from the Northeast Corridor to Albany-Rensselaer. This new transportation plan includes up to $400 million to replace the existing, Civil War-era bridge with a new, modern structure capable of supporting higher-speed passenger rail, freight rail, maritime transport, and bicycle-pedestrian access.

HARRISBURG, Pa. — Pennsylvania Rep. Jason Silvis, R-Westmoreland/Armstrong/Indiana, has authored legislation that would require businesses to provide bathroom access to truck drivers when they are picking up or dropping off a shipment. “As someone who has a commercial driver’s license (CDL), I understand the skill and long hours required as a CDL driver,” Silvis said. “Even before COVID, access to restrooms was a problem for these drivers who cannot easily park at a gas station due to the size of their vehicles. In addition, many times they are forced to wait in their trucks for hours for their turn to unload or be reloaded. Access to bathroom facilities is a sanitary issue that needs to be addressed.” House Bill 2465 creates the Truck Driver Restroom Access Act that would require retail establishments, shippers, receivers and terminal operators to give truck drivers access to indoor or portable toilets during regular business hours. Those who fail to provide access would be issued a written violation for a first offense and a $300 fine for each subsequent offense. he bill is currently in the House Transportation Committee awaiting review. Similar legislation – House Bill 1706 – was introduced in the Washington Legislature earlier this year and was signed into law by Gov. Jay Inslee. It takes effect June 9.

PHARR, Texas – U.S. truck drivers have been temporarily halted from crossing a major U.S.-Mexico border station in Texas after protests over the governor’s new border restrictions. Since Monday, there has been “no southbound movements by U.S. carriers” because Mexican truck drivers are blocking the way, according to a U.S. Customs and Border Protection (CBP) official who spoke with CNN. The protests at the Pharr-Reynosa International Bridge, which normally processes around 3,000 trucks daily, follows a move by Texas Gov. Greg Abbott’s office to enhance safety inspections at state border ports in response to the Biden administration plans to end pandemic-related restrictions at the border. There have also been protest-related blockages at the Ysleta/Zaragoza Bridge border crossing in El Paso, Texas. Major trade groups say the border inspections by Texas are redundant. Abbott’s office has said the new border rules are meant to “curtail the flow of drugs, human traffickers, illegal immigrants, weapons and other contraband into Texas” and include “enhanced safety inspections” of commercial vehicles entering the U.S. by ports of entry in Texas. Critics say the new measures are unnecessary and driving up wait times to cross the border. Since Sunday, the Texas Department of Public Safety has inspected 2,685 commercial vehicles at select entry ports along the Texas-Mexico border and placed 646 of them out of service for “serious safety violations,” which included defective brakes, tires and lighting, the agency said. “Adding an additional Texas DPS inspection once trucks have crossed the border is causing serious delays with no commensurate increase in border safety,” Lance Jungmeyer, Fresh Produce Association of the Americas president, wrote Saturday to Abbott. “Over $9 billion dollars’ worth of produce is traded through Texas,” he wrote, adding the newly announced border inspection policy has “severely impacted trade” throughout the state. The president of the Border Trade Alliance issued a statement Sunday that warned that the Lone Star State’s new policy could eventually mean higher prices for consumer goods. The nonprofit represents a network of over 4.2 million public and private sector representatives impacted by US, Mexico and Canadian trade relations. “We oppose any state-level action that results in an inspection process that duplicates the inspections already performed by U.S. Customs and Border Protection,” Britton Mullen said in her statement. “While border states like Texas have an important role to play in ensuring truck safety and code compliance, the state should be working in collaboration with CBP, not engaging in a new inspection scheme that will slow the movement of freight, which will only exacerbate the country’s supply chain crisis and put even more upward pressure on consumer prices.” The City of Pharr issued a state statement about 3 p.m. Monday saying that the Pharr International Bridge was “ready and open for business.” However, Pharr police officers remained at the foot of the bridge blocking all southbound traffic at 4 p.m. Monday, and no commercial traffic was making its way north, according to Border Report. “We are aware of the situation in Mexico that is currently preventing the flow of commerce into the United States. We will continue to closely monitor these unfolding events and work with the proper authorities as necessary,” the statement from the City of Pharr read. According to the Texas Center for Border Economic and Enterprise Development, in 2021 nearly $442 billion in trade flowed through Texas ports of entry. And more than 65% of all produce in the United States comes over the Pharr International Bridge, officials say.

ALBANY, N.Y. — An Oklahoma trucking company owner pleaded guilty April 6 in the Western District of New York in connection with a scheme to defraud the Paycheck Protection Program (PPP) of more than $43.8 million in COVID-19 relief loans guaranteed by the Small Business Administration under the Coronavirus Aid, Relief and Economic Security Act. According to court documents, Amanda J. Gloria, 45, of Altus, Oklahoma, admitted that she conspired to submit at least 153 fraudulent PPP applications seeking a total of approximately $43.8 million on behalf of at least 111 entities between approximately May 2020 and June 2021. Gloria admitted that she falsified or aided and assisted with falsifying various information on these loan applications, including the number of employees, payroll expenses and documentation and federal tax filings. Gloria then submitted or aided and assisted with the submission of the fraudulent PPP applications to financial institutions. In total, the recipient entities unlawfully obtained approximately $32.5 million in PPP funds. From those fraudulently obtained funds, Gloria personally received at least approximately $1.7 million, according to the court. Gloria also admitted that she conspired with Adam D. Arena to submit a fraudulent PPP loan application seeking approximately $954,000 for ADA Auto Group LLC, a previously inactive Florida-based business owned and controlled by Arena. After fraudulently obtaining the PPP loan, Gloria directed Arena to launder the proceeds, including by transferring nearly $25,000 to a bank account held in the name of WildWest Trucking LLC, an Oklahoma-based business owned and controlled by Gloria. Gloria also admitted that she submitted and fraudulently obtained a separate PPP loan for WildWest Trucking LLC for approximately $421,000. Arena pleaded guilty in November 2021 to one count of conspiracy to commit bank fraud and one count of engaging in a monetary transaction with criminally derived proceeds in a related case. Gloria is scheduled to be sentenced on July 20 and faces up to 30 years in prison for conspiracy to commit bank fraud and up to 10 years in prison for money laundering. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.