Federal Comments

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Motor Carrier Safety Administration’s (FMCSA) notice regarding the state of Alaska’s petition for a partial exemption from certain components of the FMCSA’s Entry-Level Driver Training (ELDT) requirements, as set forth in 49 CFR 380 Appendix A, Section A3.1, necessary to obtain a Class A license. TTD consists of 37 affiliate unions representing millions of transportation workers, including commercial motor vehicle (CMV) operators, who are subject to the FMCSA’s Commercial Driver’s License (CDL) requirements.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Department of Transportation’s (DOT) request for information regarding drug and alcohol testing data. TTD consists of 37 affiliate unions representing workers across all modes of transportation.[1]

DOT requests information to determine if there is a broader audience for certain publicly available modal drug and alcohol testing data, and whether and how to make the information more readily available.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Transit Administration’s (FTA) Request for Comments on Transit Bus Automation Research and Demonstrations. TTD consists of 37 affiliate unions representing all kinds of transportation workers, including transit operators, mechanics, and other ground transportation workers whose safety, security, and livelihoods will be impacted by automated technologies. We therefore have a vested interest in making sure that the FTA invests in bus automation research and demonstrations that advance a future for transit and its employees consistent with the pro-worker and pro-union values of this administration.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Surface Transportation Board’s (STB) notice regarding its information collection request. TTD consists of 37 affiliate unions representing the totality of rail labor and its 105,000 workers across the country.[1] Our affiliated unions represent workers who perform every task on trains and railroad tracks and at rail yards. These workers are vital to keeping our railroad system operating successfully every day.

Expand the New Reporting Requirements to Address Self Inflicted Service Cuts
As discussed below, while TTD strongly supports the new reporting requirements set forth in the STB decision, TTD requests that additional information be required from Class I railroads to better understand the current rail service conditions and the impact employment decisions are having. Specifically, we request: a narrative description of employment data, employment data reported by craft in addition to job families, and data regarding specific causes for separation.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the U.S. Department of Health and Human Services’ (HHS) notice regarding the Mandatory Guidelines for Federal Workplace Drug Testing Programs. TTD consists of 37 affiliate unions representing workers across all modes of transportation.

The Mandatory Guidelines provide the scientific and technical standards for workplace drug testing for over 12 million federal employees and transportation workers in the public and private sector. The proposed Mandatory Guidelines would allow HHS to add and remove drug analytes and modify cutoffs without public notice or comment. The proposed guidelines also would change the definition of a substituted specimen to include certain specimens that are currently reported as “invalid.” Additionally, the proposal would redefine refusals to include failing to complete pre-employment testing. Lastly, the guidelines would hold that ingestion of food products containing a drug is not an acceptable medical explanation for a positive drug test.

The Transportation Trades Department, AFL-CIO (TTD), the Maritime Trades Department, AFL-CIO (MTD), the International Organization of Masters, Mates & Pilots (MM&P), the Marine Engineers’ Beneficial Association (MEBA), Sailors’ Union of the Pacific (SUP), Seafarers International Union of North America (SIU) and the American Maritime Officers (AMO) are pleased to respond to the Maritime Administration (MARAD) request for public comment on the Every Mariner Builds a Respectful Culture (EMBARC) policy. These unions represent the unlicensed and licensed mariners who work aboard sea year vessels. Collectively, we support the goals and intentions set forth by EMBARC and are committed to addressing systemic and cultural changes in the maritime industry to prevent incidents of sexual assault and sexual harassment (SASH) in a workplace that doubles as every mariner’s home.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s notice regarding Canadian Pacific and Union Pacific’s petition for waiver of compliance and statutory exemption. TTD consists of 37 affiliate unions representing the totality of rail labor, including carmen and other rail workers who work on lines covered by this waiver.[1]

The requested waiver would provide relief from 49 CFR 232.213 and 49 USC 20303 would allow technology-based advanced testing (the Automated Brake Effectiveness (ABE) Test Process) performed by wheel temperature detectors as an alternative approach to manual Class I brake tests performed by Certified Car Inspectors (Qualified Mechanical Inspectors).

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Surface Transportation Board’s proposed rule regarding Expedited Relief for Service Emergencies. TTD consists of 37 affiliate unions representing the totality of rail labor in the U.S.[1]

The proposed rule would amend procedures for parties seeking a board order directing an incumbent carrier to take action to remedy a service emergency. The rule would allow the board to initiate an emergency order without external appeal. The rule also would shorten the filing deadlines for parties subject to the emergency order and other participants. Finally, the rule would establish procedures for a new, accelerated emergency order petition option that would be used if petitioners could demonstrate that the existing process would be too slow to adequately ensure priorities such as food security, public health, or high probability of business closures.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the U.S. Department of Transportation’s (DOT) Proposed Temporary Waiver of Buy America Requirements for Construction Materials. TTD consists of 37 affiliate unions representing workers in construction and manufacturing who are directly impacted by Buy America policies.[1]

The waiver would provide relief from Buy America requirements for 180 days, beginning May 14, 2022. During this time, DOT expects states, industry, and other partners to begin the compliance process in conjunction with the new Made in America standards that were included in the Build America, Buy America (BABA) title of the Infrastructure Investment and Jobs Act (IIJA). These requirements include that all of the iron, steel, manufactured products, and construction materials used in federally-assisted infrastructure projects are produced in the United States.

On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the U.S. Department of Transportation’s (DOT) proposed rule regarding the Addition of Oral Fluid Specimen Testing for Drugs. TTD consists of 37 affiliate unions representing workers across all modes of transportation.[1]

The proposed rule would allow the use of oral fluid specimens to be used for drug testing programs. In 2019, the Department of Health and Human Services (HHS) approved the use of oral fluid drug testing, and this proposed rule would align DOT’s regulations with the new Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid already finalized by HHS. In addition to the establishment of oral fluids as an accepted specimen, DOT also proposes to make a number of changes to its drug testing regulations beyond the scope of the addition of a new specimen.