The Trucker News Staff

DENTON, Texas – The U.S. Department of Labor’s (DOL) solicitor general has sued PACCAR Inc. for what it says are violations of a former employee’s right to report and speak about health-related concerns at the workplace. According to a news release from the Occupational Safety and Health Administration (OSHA), an employee at PACCAR’s Denton, Texas, Peterbilt Motor Co. was fired in 2020 after expressing concerns about how the company was dealing with the spread of Covid-19. “In response, a representative of PACCAR Inc. – doing business as Peterbilt Motor Co. – told the employee that the company planned to clean work spaces and continue work as usual,” the news release stated. After PACCAR later learned the employee expressed concerns publicly about the company’s response and their concern for the safety of other employees, the company fired the employee, OSHA reported. A subsequent investigation by OSHA found the employee engaged in protected activity by raising their workplace safety concerns, and that the company’s retaliation violated federal whistleblower protections. On Nov. 17, the department’s Office of the Solicitor filed suit against PACCAR Inc. in the U.S. District Court for the Eastern District of Texas. In its action, the department asks the court to order the company to comply with anti-retaliation provisions in the Occupational Safety and Health Act; reinstate the employee to his former employment position with the company, pay the employee back wages, interest, compensatory and punitive damages and other remedies; and expunge the employee’s personnel record. “Our investigation found that PACCAR terminated a worker for reporting their concerns that the company’s response to the dangers of the coronavirus would not prevent its spread,” said Regional OSHA Administrator Eric S. Harbin in Dallas. “Every worker has the right to report safety concerns of any kind without fear of retaliation.” Regional Solicitor of Labor John Rainwater in Dallas said: “The U.S. Department of Labor will hold employers accountable when they retaliate against workers who raise safety concerns for themselves and their co-workers. At the same time, the department will work vigorously to ensure a worker’s legal right to a safe and healthy workplace is protected as the law provides.” Headquartered in Bellevue, Washington, PACCAR Inc. is one of the world’s largest manufacturers of medium- and heavy-duty trucks. It also designs and manufactures trucks under the Kenworth, Peterbilt, Leyland Trucks and DAF brands.  

RICHMOND, Va. — During a three-day law enforcement project that began on Nov. 19, officers from the Virginia and North Carolina state police motor carrier safety divisions conducted a total of 702 big rig inspections. Of those, 667 violations were cited, 51 rigs were placed out of service and 64 drivers were placed out of service, according to the Virginia State Police. “This enforcement initiative’s results indicate the extraordinary efforts our Motor Carrier Safety Unit troopers put forth every day as they work to improve passenger and commercial vehicle safety across Virginia,” said Capt. Sean L. Stewart, Virginia State Police Safety Division commander. “Partnering with our North Carolina counterparts helps to reinforce that safety outreach and enforcement no matter which side of the state line you may be traveling.”

LAGUNA PUEBLO, N.M. — Travelers on Interstate 40 in northwestern New Mexico will get a break from construction delays this week. The state Department of Transportation will suspend work on a 5.5-mile project on Interstate 40 near Laguna Pueblo from Wednesday through Sunday, officials said. Transportation Secretary Mike Sandoval said he understands drivers are frustrated with getting stuck in traffic, especially during the holidays. “We want families to get to their Thanksgiving destinations safely, which is why we planned all along to open all lanes of traffic during the holiday,” he said in a statement Monday. “We sincerely appreciate everyone’s patience.” The project has led to long delays as westbound I-40 was reduced to one lane, and merging traffic faced an uphill climb. The transportation department said the work should be finished in mid-December ahead of schedule, barring any weather delays. Other phases of the project will wrap up in the spring, the department said.

WASHINGTON — More than 7,000 Western Star tractors built between 2017-19 are being recalled due to a potential fire hazard. According to a safety recall report from the National Highway Transportation and Safety Administration, the recall affects Wester Star models 4900, 4700 and 5700. “On certain Western Star vehicles built with a pass-through power stud and attached foam gasket seal mounted through the bulkhead, in certain instances, a potential exists for contact between the power stud and bulkhead resulting in potential arcing,” the report states. “Arching of a power cable between the stud and bulkhead could increase the risk of a fire.” The recall report notes that the studs will be replaced by authorized service facilities. Details of the reimbursement plan will be included in the owner’s notification letter.

ARLINGTON, Va. — The American Transportation Research Institute (ATRI) has released a study that focuses on the impact that verdicts and settlements under $1 million have on the trucking industry During its research on nuclear verdicts, ATRI found that small cases are heavily-impacting the industry as well. The research used a new ATRI dataset of more than 600 cases resulting in either a settlement or verdict award of less than $1 million. The report provides rich insight into key crash characteristics and litigation factors that contribute to substantial payments to plaintiffs. This study showed that settlement payments are approximately 37.7 percent larger than verdict awards and 393 percent more likely to occur in incidents involving a fatality. Additionally, incidents involving a severe injury were 217 percent more likely to settle and 199 percent more likely to result in payments to plaintiffs over $600,000. The report provides an overview of the small litigation landscape in the trucking industry as well as strategies to assist carriers and attorneys in preventing more costly litigation outcomes. “This analysis proves a theory that I have always had; there are two markets as to the value of cases – the settlement market and the trial market. There should be one market and that is what a case is objectively worth,” said Doug Marcello, Attorney at Marcello & Kivisto LLC. To access the full report, click here.  

SAN DIEGO — Federal prosecutors say a trucker from Mexico was arrested after trying to smuggle record-breaking amounts of methamphetamine and fentanyl into the U.S. The U.S. Attorney’s Office says more than 17,500 pounds of meth and 389 pounds of fentanyl were discovered last Thursday hidden inside a tractor-trailer at the Otay Mesa Port of Entry in San Diego. The seizures are the largest of either drug in the U.S. for both 2020 and 2021. The driver, a Mexican citizen, faces federal drug charges. “This is a staggering seizure that demonstrates the extent of our current fight against mass production of methamphetamine and fentanyl. But for the vigilance of our law enforcement partners, this record-breaking deluge of drugs would have caused incredible damage in our communities.” said Acting U.S. Attorney Randy Grossman. “We commend our partner agencies for their tireless work and dedication to preventing these dangerous and deadly drugs from entering our country.”

MURFREESBORO, Tenn. — A semi loaded with $400,000 worth of Jack Daniel’s whiskey overturned on Nov. 17 in Murfreesboro, Tennessee. According to the Murfreesboro Police Department, the load shifted as the driver was making a left turn onto the Interstate 24 on-ramp from South Church St. Several gallons of the spirit spilled onto the ground, but the driver was not injured.

ATLANTA — Weather for the Thanksgiving holiday and beyond will offer a little bit of everything but nothing too extreme. The worst weather is predicted for Wednesday. In the northeast, winds could gusts up to 40 mph from New York City through the Boston metro, according to Accuweather.com’s holiday forecast. “Tree branches could blow across some highway sections and side roads, and high-profile vehicles may have some troubles,” AccuWeather Senior Meteorologist Paul Pastelok said. In the West Virginia mountains, western and northern Pennsylvania and New York, as well as northeastern Ohio, travelers may face some lake-effect snow throughout the region. In parts of Maine, drivers will need to be mindful of runoff from heavy rain earlier in the week, which may leave streams and rivers overflowing, according to Accuweather. “There is still a chance of a band of snow developing well east of the lake-effect snow zone in New England and eastern New York state,” Accuweather’s forecasters cautioned. “Some weather-related delays are also likely across the Upper Midwest, northern Plains and the northern Rockies on Wednesday. As cold air sets in, some snow is expected to fall across the region.: Rain and even some wet snowflakes could even make it to the Chicagoland area, although Pastelok said that the precipitation should not last all day. A similar pattern is possible in the Denver metro, although the chance of rain will not arrive until late Wednesday into Thursday. Some rain and thunderstorms will be possible from New Orleans through St. Louis, but the precipitation will generally be light and lead to only minor travel issues. Most of the West Coast is expected to enjoy rain-free weather and breezy conditions. By Thursday, a cold front will bring rain showers from Texas to Ohio, along with some snow showers for Michigan, Wisconsin and Minnesota. Temperatures rebound mostly back to normal by Thursday for much of the eastern half of the US, but keep in mind that “normal” can still be cold.

PADUCAH, Ky. — The Kentucky Transportation Cabinet (KYTC), citing forecasts for heavy holiday week traffic, suggests motorists traveling Interstate 24 for Thanksgiving take an alternate route around an extended work zone in portions of Caldwell and Trigg counties. “Traffic in this work zone has been running really well in recent months,” said Kyle Poat, chief district engineer of KYTC District 1, based in Paducah. “However, earlier in the year, we had several truck crashes that blocked traffic for extended periods.  We’ve also had significant backups from time to time.  By taking an alternate route, travelers driving between Paducah and the Nashville/Clarksville, Tennessee, area can be of help to themselves and others by using this suggested alternate.” The work zone, established as part of an extensive pavement replacement project, stretches 10 miles along I-24, between mile markers 55 and 65. The work zone has restricted lanes with two-way traffic running on the eastbound lanes, separated by a centerline barrier wall. AAA estimates 53.4 million Americans will be traveling for Thanksgiving, up 13 percent from 2020, so Poat and other KYTC personnel recognized the potential for traffic delays and backups. Poat said engineers are hoping to get westbound traffic moved to new pavement along the westbound lanes in time for the Christmas holiday.  However, the work zone restrictions will remain in place through Thanksgiving. Details of the suggested alternatives: Eastbound motorists heading toward Nashville should consider a self-detour between the I-24/I-69 Exit 25 Interchange near Calvert City to the U.S. 68 Cadiz Exit 65 Interchange via I-69 South to Draffenville Exit 47, then taking U.S. 68 East. Westbound motorists can avoid the work zone by taking Cadiz Exit 65 to follow U.S. 68 West to reach I-69 northbound at the I-69 Draffenville Exit 47 interchange, then follow I-69 North to return to I-24 westbound at Exit 25 near Calvert City. Westbound motorists may take the Pennyrile Parkway northbound to I-69 southbound to return to I-24 at Exit 42 near Eddyville. The suggested alternate route along U.S. 68 includes about 15 miles of 2-lane in Marshall County.  Westbound travelers taking the self-detour will need to make a right turn to remain on U.S. 68 immediately after crossing the Eggners Ferry Bridge over Kentucky Lake at Aurora.  The alternate route through Land Between The Lakes National Recreation Area adds about 10 minutes of driving time, but avoids the potential for backups on I-24.  Counting the 55 mph work zone speed limit, the difference in driving time is minimal. The alternate route westbound via the Pennyrile Parkway and I-69 is longer, but avoids the potential backup for westbound traffic at Exit 65. Travelers may use WAZE and similar map/traffic APPS to monitor the roadway ahead for potential delays. “Motorists should be aware that Interstate 24 through Kentucky gets a substantial eastbound surge every Friday afternoon,” Poat added.  “Other than that, we anticipate backups are most likely the afternoon of Thanksgiving Eve and again Sunday afternoon, as the holiday week winds down.” To aid with holiday traffic flow, all other work zone traffic restrictions along I-24 in Kentucky have been removed. Holiday travelers should be aware of work zone restrictions along I-24 in Illinois that start on the Kentucky side of the Ohio River at Paducah for westbound travelers.  Traffic backups are also possible there.  

RURAL GEORGIA – The Georgia Department of Public Safety (GDPS) stopped an 18-wheeler on Monday and discovered that the driver had no hazmat endorsement, shipping papers or placards for a load of class 1.4 explosives. Examples of 1.4 class explosives include empty primed grenades and some small arms ammunition. According to a GDPS Facebook post, officers found that the load was unsecured when they opened the trailer. The GDPS did not indicate what type of 1.4 explosives were found, nor did they state where the stop occurred. The driver was not named. “Glad we stopped this CMV in Georgia, this unsafe load was headed for Utah,” the GDPS post stated.

NEW YORK — Slinking through New York City in a semi truck can be a challenge. That’s why it’s important for drivers to know exactly where they can and cannot go. The city will soon be releasing a new truck map to better help big rig drivers navigate to and from their delivery sites without incident. “The Local Truck Route Network is designated for trucks with an origin and destination within a borough,” according to the city’s transportation department. “This includes trucks that are traveling to make a delivery, or for loading or servicing. Trucks should only use non-designated routes for the purpose at the beginning or end of a trip, when traveling between their origin/destination and a truck route. The Through Truck Route Network is primarily composed of major urban arterials and highways and must be used by trucks that have neither an origin or destination within the borough.” The new map will be available online, though an exact date has not been announced. Click here for access the city’s DOT map site.22

SALEM, Ore. — The State of Oregon has announced that it will be hiking diesel fuel taxes beginning Jan. 1, 2022. The taxes are set using a formula. Tap here for the new rates. As an example, an 80,000 pound rig pays $21.50 in fuel taxes per 100 miles currently, according to the Oregon Department of Transportation. Beginning in 2022, that same rig’s taxes will rise to $23.70 per 100 miles. Loads above 80,000 pounds will pay even higher taxes. See the PDF link above for more details. Drivers may claim a credit if they paid Oregon state fuel tax on fuel for a vehicle subject to weight-mile tax. The deduction must be for the reporting period that they used the fuel. Credits for previous reporting periods will not be granted until the time of audit. Drivers must attach copies of fuel invoices to the highway-use tax report.