- JUST THE NEWS - Bethany Blankley - NOV 8, 2021 -
OSHA rule could force "up to 13% of drivers to leave the industry entirely," said industry spokesman, amid indications officials are heeding truckers' concerns.
Fearful that the Biden administration's private sector vaccine mandate could force commercial truckers off the road and exacerbate disruptions to an already backlogged supply chain, the U.S. trucking industry is demanding an exemption for drivers, amid signs their concerns are being heeded by officials.
"The U.S. is already facing unprecedented supply chain disruptions and delays due to many factors, including significant labor shortages, production shutdowns, a shortage of raw materials, and pent-up consumer demand," American Trucking Associations President and CEO Chris Spear said, and ATA data "shows that a vaccine mandate may very well further cripple the supply chain throughout the country by forcing up to 13% of drivers to leave the industry entirely,"
The Biden mandate requires private employers with 100 employees or more to require COVID vaccination or, failing that, weekly testing as a condition of employment. It imposes fines on those that don't comply under the oversight of the Occupational Safety and Health Administration (OSHA) within the U.S. Department Labor.
A federal appeals court on Saturday temporarily halted the mandate, citing "grave constitutional and statutory issues" raised by the plaintiffs, which include Texas and four other states. If ultimately upheld by the courts, the mandate is expected to impact roughly 80 million Americans.
However, the proposed rule change exempts employees "who exclusively work outdoors or remotely and have minimal contact with others indoors, and all indications thus far from the Department of Labor suggest this exemption does apply to the commercial truck driver population," said Spear, sounding an optimistic note in a statement Friday.
"If you're a truck driver and you're outside, you're in a cab driving by yourself, this doesn't impact you," Labor Secretary Marty Walsh said of the rule change. "If you're a worker outside working in the area, this doesn't impact you."
An attorney who specializes in transportation law argues that federal and state regulatory jurisdiction comes into play, since transportation is regulated by the U.S. Department of Transportation, not the U.S. Department of Labor.
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