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Published by mpg_jennifer, 2017-09-08 14:28:43

Behind the Wheel Q3 Fall 2017 -- Michael Miltenberger, PITT OHIO, National Champion

Official Magazine of the Maryland Motor Truck Association

Keywords: trucking,politics,association,supertech,truck driving championship

INSIDE: Michael Miltenberger,
Mandatory Sick Leave PITT OHIO
is Not the Law, Yet
National Champion
The High Cost of
Insurance

Legalized Marijuana,
Bad for Trucking

TDC and SuperTech
Winners

The Official Magazine of the Maryland Motor Truck Association Q3 Fall 2017

mmtanet.com BEHIND THE WHEEL | Q3 Fall 2017 1

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2 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

Table of Contents Q3
Fall
FEATURES 2017

7 UNCOVERED IMAGE ON COVER OF MIKE MILTENBERGER
Carriers struggle to find, pay for insurance OF PITT OHIO BY CARSON YODER
By Steve Brawner
THIS PAGE: VOLUNTEERS AT THE 2017 MARYLAND
11 Mandatory Paid “Sick” STATE TRUCK DRIVING CHAMPIONSHIPS

Leave in Maryland BEHIND THE WHEEL | Q3 Fall 2017 3
Will mandatory paid “sick” leave become
the law of the land in Maryland?
By Louis Campion

16 Maryland on the Move
2017 Maryland State Truck Driving
Championships & SuperTech Maryland
By Selena Griffin

30 Marijuana and the

Motor Carrier Industry
An indepth look at legalization in some
form of medical marijuana and its
implications on delivering our nation’s freight
By Albert B. Randall, Jr. & Matthew George Kuspa

DEPARTMENTS

5 Chairman’s Message
34 Advertising Resource Index

mmtanet.com

4 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

The Official Magazine of the Maryland Motor Truck Association CHAIRMAN’S

Behind the Wheel is owned by the Maryland Motor Truck MESSAGE
Association and is published by Matthews Publishing Group. To
Are you missing out?
request additional copies, order reprints of individual articles My term as MMTA’s chairman has been, and continues to be, an extraordi-
or to become a subscriber to Behind The Wheel, please contact nary experience. As I attend various events, there is one question I want to ask all
Selena Griffin at (410) 644-4600. To inquire about advertising, MMTA members, “Are you missing out?” In this case, I am referring to the Maryland
State Truck Driving Championships (TDC).
please contact the publisher at (501) 690-9393.
You might ask yourself, “How would attending, participating, or volunteering at
Publisher the TDC benefit my company or me?”
Jennifer Matthews-Drake
Matthews Publishing Group Here is a quick checklist that may answer this question.
[email protected]
• Do you experience or worry about driver turnover or driver shortages at
Executive Editor times?
Louis Campion
[email protected] • Is it sometimes difficult to find ways to recognize your outstanding drivers?

Managing Editor • Do you have some really good drivers you feel excel even when faced with
Selena Griffin challenging road conditions?

[email protected] • Would more exposure, through your driver’s participation or even winning an
award, positively benefit your company?
Art Director
Douglas J. Benjamin • Are you looking for a way to bolster the morale at your company?
[email protected]
• Do you enjoy a little healthy competition?
Copy Editor/Proofer
Harris Jimanski If you answered, “Yes” to any of these questions, why not consider encouraging
Photographer your top drivers to compete in the Maryland State Truck Driving Championships?
David Sinclair If you are concerned that some of your drivers are new, the 2017 TDC had over 30
rookies enter! This was the largest rookie driver segment participating in years.
Contributing Writers
Once rookies compete, they often get “hooked” on the experience and come back
Steve Brawner Jennifer Barnett Reed year after year. The event now commonly draws over 100 drivers. Regulars even
Mary Lou Jay John Schulz comment that another reason for attending is to catch up with past participants. For
Renee Miller Angela Thomas example, Jimmy Carver, a former multiple winner as the TDC’s grand champion, at-
Derek Rayment Todd Traub tends not only to test his skills, but to catch up with old friends. Carver stated, “I love
the people, it’s a big family, and it’s the only time I get to see everyone”.
Maryland Motor Truck Association
Having volunteered for over 20 years, I too experience Jimmy’s feeling about
Louis Campion the TDC being a “big family” event. Even if your driver is hesitant, sometimes just
President & CEO volunteering can entice one for next year’s event. Volunteers can help judge, relay
[email protected] scores, serve as timekeepers, assist with registration, jockey trucks, and more. Top-
ping off the day is the TDC’s awards program where drivers are recognized for their
Dottie C. Duvall accomplishments. There is such a sense of pride, not only for the driver, but also for
Vice President - Administration his or her family and company, when he/she receives an award and a big cheer erupts

[email protected] CONTINUED 

J. Craig Talbott BEHIND THE WHEEL | Q3 Fall 2017 5
Vice President - Safety
[email protected]

Brenda Tharp
Director of Safety
[email protected]

Selena L. Griffin
Controller

[email protected]

Margie Anne Bonnett
Marketing & Communications Director

[email protected]

Kathy Norris
Administrative Assistant
[email protected]

Maryland Motor Truck Association is
an affiliate of the American Trucking
Associations. MMTA is a Maryland
corporation of trucking companies,
private carrier fleets and businesses
which serve or supply the trucking
industry. MMTA serves these companies
as a governmental affairs representative before legislative,
regulatory and executive branches of government on
issues that affect the trucking industry. The organization
also provides public relations services, education services,
operational services and serves as a forum for industry
meetings and membership relations.

For more information, contact MMTA at:

Maryland Motor Truck Association, Inc.
9256 Bendix Road, Suite 203 - Columbia, Md. 21045

Phone 410-644-4600 | Fax 410-644-2537
mmtanet.com

mmtanet.com

Chaney Enterprises concrete mixer from the crowd of supporters. Watching
at the 2017 Maryland TDC. others being recognized might inspire that
“would-be” driver to say, “I can do that”
When was the and consider entering in the future. Even
last time the you might come away saying, “I know our
fuel in your drivers can do this”.
storage
tank was If you have never attended a TDC
cleaned? event, here are some highlights. Drivers
take a written multiple choice test in the
morning. To study for the exam, partici-
pants receive an “ATA Facts for Drivers”
book weeks before the competition. After
the test, drivers compete in any one of
several vehicle classes, including 3, 4, or 5
axle vans, flatbeds, sleepers, tankers, twins,
mixers, and dumps. Drivers and company
teams have the chance to win. Participants
drive through a timed course with various
maneuvers to perform such as backing
up to an alley dock, making a right turn,
simulating a stop on a scale, and more.
Contestants also take part in a “pre-trip”
evaluation, whereby drivers must spot a
series of defects planted on a truck before
“hitting the road.”

For a full summary, photos and a list of
the winners from the 2017 Championships,
which were held on June 3rd, please see
page 16 in this magazine.

To my fellow potential competitors in
the dump truck class, I say “step it up” and
come out and compete! Ross Contracting
is tired of winning! No matter how you
fare, the winners at this event are everyone
who competes and experiences the pride,
comradery, fun, and excitement of the day!
I hope this chairman’s message of, “Are
you missing out” encourages you to say to
yourself, “Don’t miss out” at next year’s
TDC.

Don’t let your operations
be impacted by water,

bacteria or sludge in your fuel.

Call 410-834-5000 for your free fuel test. BRAD’S Jonathan Kuentz
2016-2017
BRAD’S FUEL FILTERING - A VALUABLE SERVICE FUEL FILTERING
AT A FAIR PRICE. MMTA Chairman of the Board

BradsFuelFiltering.com mmtanet.com

6 BEHIND THE WHEEL | Q3 Fall 2017

UNCOVERED:

Carriers struggle to find, pay for insurance

mmtanet.com BY STEVE BRAWNER
Contributing Writer

No one ever said running a trucking
company would be easy. Competition
is fierce, assets are expensive and heavily
regulated, and qualified drivers are increas-
ingly difficult to find. Now, the rising cost
and unavailability of insurance is forcing
some motor carriers to downsize or even
leave the market.

“I had one trucking company tell me
they were closing their doors because they
couldn’t afford their insurance premium
anymore,” said Nicole Brushmiller, a senior
client advisor with Atlantic/Smith, Cropper
& Deeley. “That was just last week. They
are under 20 units, and their premiums
were so high, they’ve exhausted all their
options with every insurance company
through multiple agents, so they’re just
closing their doors. … If you’re having an
off year or two and you can’t find insur-
ance with a private insurance carrier, these
companies are having no choice but to go
out of business.”

Brushmiller said it is not uncommon
to see quotes of $20,000 per tractor being
offered – far too much to be affordable.
One start-up owner-operator with a less
than stellar driving record and poor credit
recently was offered coverage for $80,000.

Insurance premiums averaged 9.1 cents
per mile driven in 2015, an increase of 29
percent from the year before, when the cost

CONTINUED 

BEHIND THE WHEEL | Q3 Fall 2017 7

was 7.1 cents, according to the American units paid more at 15 cents per mile. Rates fleet of trucks and new authority.
Transportation Research Institute (ATRI). fell to 10 cents per mile for those with The rising costs are the result of many
The previous year, insurance costs rose 11 26-100 units and then fell farther as fleets
percent after rising 2 percent the year be- become larger. factors, the most obvious being so-called
fore that. Specialized carriers paid the most “nuclear verdicts.” Perhaps the most
at 13.8 cents per mile, while LTL carriers Brushmiller said some insurers are famous is the $10 million awarded to the
paid 8.4 cents and truckload carriers paid revising their underwriting guidelines to children of a victim who died in a 2014
6.5 cents. only insure fleets with 50 or more units, the accident involving a Walmart truck and co-
thinking being they’re big enough to man- median Tracy Morgan, which Morgan and
Walmart settled separately. But $10 million
In 2016, Zurich Insurance Group and AIG, is a drop in the bucket compared to some
two of the largest insurers, dropped out of awards, such as the $281 million awarded
by one Texas jury in 2013, a number that
most of the for-hire trucking market. was later reduced. Once precedents for big
verdicts are set in a particular location,
Maryland motor carriers are hit harder age safety and will be more profitable to other big verdicts can follow. The problem
than many others because of the nature of insure. Owner-operators with good records is worse in congested metropolitan areas,
the state’s industry. It has few large carriers and good credit also can typically obtain which includes much of Maryland as well
and many smaller ones, and smaller carriers insurance. It’s the in-between carriers - the as the Northeast corridor where Maryland
pay the highest rates. According to ATRI, ones that are not big enough for a full-time truckers often travel. Premiums average
carriers with fewer than five power units safety director - who often struggle to find almost 12 cents a mile for Northeast carri-
paid an average of 12 cents per mile for an insurance carrier. It’s particularly hard to ers but only 5.5 cents for those in the less
insurance in 2015, while those with 5-25 start a new trucking company with a small congested, less metropolitan West, accord-
ing to ATRI.

The higher verdicts are coming despite
the fact that trucks are undeniably much
safer than they used to be. According to the

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* * * sPEcial Edition on Elds * * *Federal Motor Carrier Safety Administra- limited to $400,000, an amount sufficient purchasing a CAB report produced by the

tion, in 1975 there were 5.51 fatalities per for taxicabs and personal vehicles but not Central Analysis Bureau, a private company

100 million miles traveled by large trucks. enough for truckers, who are required by that analyzes a trucking company’s financ-

By 2015, that number had dropped to 1.45, the federal government to obtain at least ing, summarizes CSA data, and tracks so-

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payments.
CONTINUED➥

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mwmwtawn.emt.cmomtanet.com NAVY BLUE: PMS 2965 BEHINBDEHTHinE dWHtEHEEL W| HQE2ESlpr~ingQ/S3umFamlelr22001176 195
TEAL BLUE: PMS 313
FONT: GOTHAM BOOK Regular

* * * sPEcial Edition on Elds * * *pany, are you defendable in court? Will
“The most important step in risk man- the top down. If the owner doesn’t believe

you give the driver who failed a drug test agement is identification,” she said. “You in it, none of your employees will,” she

a second chance? If the answer is yes, your cannot address your exposure if you do not said.

company is likely a risk the insurance know what it is. Run a SWOT (strengths, Also helpful is onboard monitoring

company does not want to take. The days weaknesses, opportunities, threats) analy- technology such as cameras that record

Dofathtae mTroamnasnfderp:op trucking companies sis and know your internal weakness and drivers’ activities, including potentially

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because they can’t find qualified drivers to

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formal written safety policy which address- Regardless of the company’s size, the be forced to pay a claim even if it’s only 1

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rheircionrgdsaanrienrdeetprieenvdaebnlet frrisokmctohnesuElLtaDn.t.The must be approved by the driver.. BTW

INTERMINIOTNIDNETATRELEIRMNIRSMOTMTOEDSODRASDAMLIANLIOSLICSIDTESTSATS1SL9SSI7SIIN1NTINCCSCEESE11I1N99977C711E11971

OcoumrrtbeepianumeOtcdaooutOwcifmoOrocuoirnotmtbuevrhe,mrpiertbmaenroreutbmpieOeuaena4ctpiudmarkn0oaeuuotme0dtfemawrutisfodrteoawltbioofCeimtlnoewtifpivoisPhaon,npteovueiGhmnm,etlrovreohtm,vdoarueyay4miooutrcao4rkew0ifeurkaue0o4e0fosirke00prufnstuevse0ahfrcl,eCmuosllenoCmmelodlrsPmdCmlsPpeuupaG4esPfpGlrpcrklr0eovGoeltvlre0eyfyyeoyicviutscoteycoayeeeieleuoeCcpouemeliesfnsueaprprsPp6sbtperaarrccGe0ioolrnnaoorcrlo0vioddmnomdmdtyydiciumduceooeofpfpuclseclduenfpeltecltleasateepreltcertcenltteaaeratccatedrtoopnaceoeopitofidpnaemdsfeinafon6xbtaud6btefpue06btiecl0rleimd00rielitrlm0rlcet0iremicmicpteitteotcoivacei.lesoeooadonepsisrddrnanaftnaysrnaalaatt6bt,arrnndlrel0ciaaedrrldt0cciesemeettotxescdesieeeouexooxddsmduerdnuecmdrramdatrpecirrnclvrp.eliapeaivdre.lcv.eralretayesesrrer,yroxsdys,ue,mdrcrpeiv.laerrys,

CPG BCCaholnaCtstiasmPCiisnG»»CoPeRrrPG»»eeBCCCTGn»»’ahosrBOtCCualnCapBCCtaholcMstirklPanahoasmtiislitinmaiPG»»nstnasmstoigRiiaesmaRsnrBCCioirSrEseneeRyCoerahoTrHn’eReerrslCnrarsTOvtn’teeEuasCestriiTpOtn’acsmlcuNraMsrpOetriikvulcaMsnsipSrokiilcmMPenciRIrikrmPrenVgiReeiamCsPgnRTn’aESrEsgRrtOtSrEayeou»aHSyepSrErHlcMrstvyeErHEkCshveriEiReicisvelNmrPnEcoNreeVivegvcsgRNsrSaseiSeIlvicSoCrEsIcSPIieyVebecVHErIsrsoeaVsEvExOslEtteiEioos»»cmNtSrSFhoe»vSttFEEisiSCChhtiptEEyRRc»CheIlelpRoReoVVteloigsogSssVIneIgEeelsNIDltgoCecIoCPloP»uuoCGbSEbPriErnrnboatEEroeaSCdhxdOloaxOlRYaixOleslumiaoFslihVmskFsmrhgsFFihidtFteTIiprliFEiyit»oCepytSEpyPpE»yRr»ttbpmpREroioiRSttInnoaroioiSeNSiIDnIacnxOlgnceeNNDgDliguugasGcucmeiFlhuuunurnGGdiieSFidnrinnrndetepSeSYEdaydd»:duaYplaYRauktsuraloialSdtksIknrTsrredtNDedtyTSgrcTrretySuuGemyoSiritnrnrnmrtoiimeSoinacdnrdnigrlacYanaiuauceglnlalaugldkesarlueddtelTrd:eeySe:rt:moinriacnglauelde:

»
»

Call us aCta4Cl1Cla0aull.ls4lu7VusaC7istsaa.0i4alttl7t14uu0401ss21.04a0a.4t7.|t47Vw747V7i.Ews107i.ms0i07.wt0i7.0tau.470ci2usl702osu27ansa.|tt|0ataw|7itwnEE0wcemEwm2prwmpgwaa.obcaii|[email protected][email protected]@[email protected]@iinenerceprorpopnorottra.rtct.icno.comeomrmport.com
Visit usVaistiwt uwswa.tcownwtawin.ceornptoaritn.ceormport.com
1106 BBEEHHINiDnTdHtEHWEHWEEHL E|ElQ~3 FQal3l 2F0a17ll 2016 www.mmmtamnteante.ct.ocomm

Mandatory Paid “Sick” Leave in Maryland

Will mandatory paid “sick” leave become the law of the land in Maryland?

BY LOUIS CAMPION
Executive Editor

In the 2017 session of the Maryland • Disproportionately impacted small There is currently no paid leave mandate
General Assembly, the Maryland legisla- businesses. Over 90% of the trucking in Maryland and businesses are under no
ture passed a mandatory leave bill (HB 1) industry has 6 trucks or fewer; and legal obligation to provide paid leave to
requiring businesses with 15 or more em- their employees; however, it is anticipated
ployees provide all employees working at • Penalized those employers who that the General Assembly may attempt
least 12 hours per week (on average) with already voluntarily offer paid leave to to override the Governor’s veto when it
paid leave at a rate of one hour for every their employees. reconvenes in January.
30 hours worked. Employers with fewer
than 15 employees would be required to When vetoing HB 1, Governor Hogan To override the Governor’s veto re-
provide the same amount of leave, but it announced 3 Executive Orders to promote quires a vote of three-fifths of the member-
could be unpaid. common sense paid leave in Maryland. ship of each chamber (House of Delegates
Those orders: and Senate of Maryland). For businesses,
This new law was to have taken effect the potential override of
on January 1, 2018; however, at the urg- • Create a task force to determine how
ing of many in the business community a better paid leave plan can be
(including MMTA), Maryland Governor developed and implemented;
Larry Hogan vetoed HB 1.
• Provide paid leave
MMTA opposed HB 1 because it would benefits to all contrac-
have: tual employees in the
Executive Branch;
• Been unfeasible for a diverse industry
like trucking; • Give preferences to con-
tractors who voluntarily
• Allowed Montgomery County to offer paid leave to their
keep its existing paid leave mandate, employees on state procure-
which differs from HB 1 and been ment proposals.
unworkable for a mobile industry
like trucking that travels into multiple The combination of ac-
jurisdictions; tions by the General Assembly
and the Governor have placed
• Placed Maryland trucking companies Maryland’s paid leave mandate in a
at a disadvantage with out-of-state state of confusion for many employers.
competitors;

mmtanet.com BEHIND THE WHEEL | Q3 Fall 2017 11

the Governor’s veto in this instance places in the Bill, whichever is later.” companies summarizing HB 1, so that they
an exceptional potential burden on your This means that if the General Assem- can become familiar with this potential
operations. According to the Maryland mandate and begin preparing accordingly.
Constitution, bly successfully votes to override the Gov- MMTA is working with a group of other
ernor’s veto when it reconvenes on January business coalition members to discourage
“Any Bill enacted over the veto of the 10, 2018, mandatory paid leave could the General Assembly from a veto override.
Governor, or any Bill which shall become become the law of the land in the state of Learn more at www.savemdjobs.com.

The combination of actions by the General Questions about this issue should be
Assembly and the Governor have placed directed to MMTA President & CEO
Louis Campion, 410-644-4600,
Maryland’s paid leave mandate in a state of [email protected]
confusion for many employers.
NOTE: Several MMTA members do business with
law as the result of the failure of the Gov- Maryland in early February. Although it is the Federal government. On September 7, 2015,
ernor to act within the time specified, shall unclear whether the law would be en- President Barack Obama signed Executive Order (EO)
take effect 30 days after the Governor’s forced so quickly, MMTA has prepared the 13706. This Executive Order requires certain parties
veto is over-ridden, or on the date specified chart on page 14 and 15 for our member that contract with the Federal government to provide
employees with up to 7 days of paid sick leave
annually. As of the writing of this article, President
Trump had not repealed this order, and it remains in
full effect. This is a matter of Federal law specific to
government contractors and should not be confused
with the Maryland state law mentioned above.

Sometimes
People Must
Come Together
for a Mission

THANK YOU
Since 1954, the American Transportation
Research Institute and its predecessor have been
the trucking industry’s source for scientific data
and analysis on the many high priority issues
facing freight transportation today. If you or your
company has not contributed in the past, now is
the time to step up and do your part.

Step up and leave your footprint for the good of
the industry.

Visit www.atri-online.org to explore your giving
opportunities

Photo: NASA mmtanet.com

12 BEHIND THE WHEEL | Q3 Fall 2017

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mmtanet.com BUILDING TRUCKING’S FUTUREBEHIND THE WHEEL | Q3Fall2017 13

2017 MARYLAND HEALTH WORKING FAMILIES ACT SUMMARY (HB1)
VETOED BY GOVERNOR HOGAN ON MAY 25, 2017

14 COMPANIES WITH 15

OR FEWER THE EMPLOYER MAY: OR MORE
employees must offer unpaid sick leave employees must offer paid sick leave at a
at a rate of 1 hour of leave for every 30 Prevent employees rate of 1 hour of leave for every 30 hours
worked paid at the rate the employee
hours worked. 64from using more than normally earns.

Cap the amount of hours of leave in a year. Prevent employees from

40leave earned at 64accruing more than
hours/year.
hours of leave in a year.

“SICK AND SAFE LEAVE” IS DEFINED AS TIME AWAY FROM WORK THAT CAN BE USED FOR:

Your own medical care, illness or A family member’s care Retaining services (e.g. legal, Maternity or paternity leave.
injury; preventive care. (exhaustive list of who is mental health, etc.) for cases
considered a family member). involving domestic violence, sexual

assault, stalking.

Qualifying leave includes vacation days, sick days, short-term disability, floating holidays and other paid time off that can be used for the purposes noted above.

THE DEFINITION OF AN EMPLOYEE DOES NOT APPLY TO:
DOES NOT INCLUDE:
12Employees regularly working Employees in the
Independent contractors who work under a contract LESS THAN construction industry
of hire that is determined not to be covered
hours a week. if they are covered under a
employment under 8-205 of the Labor Article. collective bargaining agreement
18Employees under the age of
Real estate salespeople and brokers. and rights to paid sick leave
under this law are waived.
IF AN EMPLOYER HAS AN EXISTING TIME
OFF POLICY, IT MAY BE RETAINED IF: at the beginning of the year. Collective bargaining
agreements entered into before
The policy allows employees to
accrue leave at a rate of at least Employees in the JUNE 1,
agricultural sector. 2017
1 30of leave
for every for the duration of the contract terms
hour hours worked (extensions or renewals of the contract
And the employee can use the leave for each of the purposes listed in HB 1.
are subject to the mandate).
14 BEHIND THE WHEEL | Q3 Fall 2017
mmtanet.com

ACCRUAL SCHEDULE:

1 hour of leave for every 30 hours of work; employers may be more generous or give all leave at beginning of year.

For employees who are exempt from overtime rules (e.g. truck drivers), they are assumed to work 40 hours/week for accrual
purposes; however, if the employee regularly works less than 40 hours/week, the actual hours worked shall be used.

No accrual is required if an employee works less than 24 hours in a 2 week period,
or less than 26 hours in a pay period if the employee is paid twice a month.

If employer gives an advance of leave and the employee leaves the company early, the employer may deduct the amount owed from
the employee’s wages providing a signed statement was obtained when the leave advance was made.

WAIT PERIOD: CARRYOVER:

Accrual begins immediately; however, Employees may carryover up to If employee leaves your The employer does not have
employers may require employees to wait employment and returns within to compensate employees for
40 hours/
106 year 37 weeks unused leave.

calendar unless the employer awards the they must be reinstated for leave
days before taking the leave. full amount of leave at the previously earned unless the employ-
beginning of the year.
er paid it out when they departed.

TRACKING: NOTICE & RECORDKEEPING:

Employees can take leave in smallest Employees using leave for more than 2 consecu- Must advise employees of leave entitlement, how they can use
increment the payroll system allows, tive shifts may be required to provide verification it, accrual rate, prohibition against adverse actions, and right
but the employer may not require the to bring civil action. Can be accomplished with a labor law
worker to take leave in an increment that it was used for the purposes allowed, or poster developed by the Dept. of Labor, Licensing & Regulation.
if the leave was used between the employee’s
greater than 4 hours. 107th and 120th calendar day of employment. Recordkeeping requirement is 3 years. Failure to keep
records creates a rebuttable presumption that the
Amount of leave must be tracked and provided in writing to employees when paid. employee committed a violation.
An online system is acceptable.

No adverse actions Possible damages include the full DAMAGES: Assessed penalties may Employees acting in “bad faith”
may be taken against monetary value of unpaid leave; be waived if a violation who file a complaint, bring an
an employee for use of actual economic damages; up to $1,000 is found to be the result action against an employer, or
of a 3rd party payroll testify against the employer may
the leave. 3X fine per violation
may be assessed by provider error. be fined a maximum of
the economic value of the
hourly wage; attorney’s fees; the Commission. $1,000

injunctive relief.

COMPANY ACQUISITIONS: PREEMPTION:

Earned leave from old company must transfer to the new company. Local jurisdictions are preempted from enacting
their own laws on or after January 1, 2017.

Montgomery would not be preempted since its law went
County into effect October 1, 2016. Montgomery
County can change its law going forward.

ADDITIONAL NOTES:

There are other provisions governing workers in temporary service agencies, health and human services, and tipped workers and
restaurant industry workers that do not appear in this summary since they have no bearing on the trucking/transportation industries.

mmtanet.com BEHIND THE WHEEL | Q3 Fall 2017 15

ON THE MOVE

BY SELENA GRIFFIN
Managing Editor

Miltenberger named grand champion at
2017 Maryland State Truck Driving Championships

Each year Maryland’s finest truck drivers score among its drivers. Congratulations State Truck Driving Championships we
gather to test their skills as they com- to Giant’s Rachel Marrow, Jeff Stewart, stopped for just a moment to honor the
pete at the Maryland State Truck Driving Reginald Johnson and Jerry Stephenson man behind the success of this great af-
Championships. This year marked a special on their overall performance at the event. fair. For the last 17 years, Craig Talbott,
occasion, celebrating the event’s 70th anni- VP of Safety at MMTA, has worked
versary. On June 3, 2017 Michael Milten- Kenneth Knopp of FedEx Freight was tirelessly to pull off one of the best events
berger of Pitt Ohio topped more than 90 named Rookie of the Year for achieving in the country. From gathering volun-
drivers as he was named the event’s Grand the highest overall score among first-time teers, promoting, garnering sponsorships,
Champion. competitors and won third place in the 4 designing the course, and monitoring the
Axle class. Great job by a rookie! thousands of tiny details of such a grand
Mr. Miltenberger, who achieved the undertaking – we recognize him. Craig
highest overall score among all compet- First place in the Pre-Trip Inspec- has overcome many challenges over the
itors, competed in the 5 Axle class. A tion competition went to Gene Lloyd years, weathered actual storms, yet each
resident of Cumberland, Miltenberger of Carroll Independent. Competitors year when it’s all over – everybody leaves
has been a professional truck driver for inspect a vehicle to find defects that have smiling. He has not only built a well-
28 years. He has driven over 2.4 million been planted. This safety inspection can oiled machine, but Craig has created an
safe miles in his career. Mike has compet- be challenging because the drivers are atmosphere that is hard to define. People
ed in 12 state championships and is no inspecting an unfamiliar vehicle that they come to see each other, drivers that com-
stranger to winning. In the last ten years, do not normally drive every day. This pete against each other have a camara-
he has scored in the “top three” 7 times, was the second time Mr. Lloyd has taken derie like no other – the volunteers come
taking first place twice – earning him two home this award. back year after year – because they want
trips to the national competition. This to – not because they must. Craig Talbot
year he took not only first place in his The Championships are a true test of has left us a legacy to carry on – as he
class, but also came out as the ‘top dog’ driving skills. The competition included a nears retirement – and we thank him
among all classes. rigorous field course that required drivers for his service and the priceless gift of a
to execute precise maneuvers in condi- Truck Driving Championships that will
Giant Food proved to have the most tions like those encountered on America’s go on because of his dedication.
consistent drivers of the day. With a team highways. Drivers were also tested on
of four they did a great job keeping their their knowledge of safety regulations, as Congratulations to all the winners!
average scores high enough to take the well as their ability to inspect vehicles
team trophy. The team title is given to and determine that they were in safe mmtanet.com
the company that has the highest average operating condition.

As we wrapped up the 70th Maryland

16 BEHIND THE WHEEL | Q3 Fall 2017

As Behind the Wheel went
to press, the National Truck
Driving Championships
concluded. MMTA is pleased
to announce that Maryland
Grand Champion Michael
Miltenberger placed
1st in the 5 axle van class. 
Congratulations Michael on
being a national champion!

1 2

34

1. 2017 Maryland TDC Grand Champion, Michael Miltenberger of Pitt Ohio
2. Craig Talbott – the legend behind Maryland’s TDC - is honored for his incredible work building the best state

championships in the country.
3. Gene Lloyd from Carroll Independent won the Pre-Trip award for having the highest score when completing his

safety inspection.
4. Giant Food wins the Team Trophy – congratulations to Jeff Stewart, Rachael Marrow, and Jerry Stephenson.
5. Hats off to all of our 1st place champions for winning their class.
6. Kenneth Knopp of FedEx Freight scored the highest among all first-time drivers and won the “Rookie of the Year”

trophy. Great Job Ken!
7. Chaney Enterprises shows off their “designer” truck for 2017 – the Three Little Pigs graphics are creative and

5 funny; their marketing team works on “messaging” a new mixer every year.
CONTINUED 

mmtanet.com 67
BEHIND THE WHEEL | Q3 Fall 2017 17

* * * sPEcial Edition on Elds * * *

and/or adjusting your rates. MyTH: These systems are very communications methods came into
The key here is to sit down in advance expensive; there is no way we
can afford one existence.
of implementing the system and do realis-
tic impact and ROI studies, and then make This was true in the past. However, it However, this has changed. There are
adjustments as necessary to protect the was not due to the ELDs. What led to the
bottom line. high cost of the systems was that the ELD modular systems available that have elec-
function was normally tied to an expensive
Calculations to determine impact and communications and tracking system. The tronic log stand-alone functionality. Prices
ROI point to these factors on the plus side: multiple-function nature of the system
1. Gains in efficiency (better use of combined with th1e cost of the “new” tech- vary, but a good reliable system can cost as
nology involved (when GPS and unit-based
drivers and equipment); communications were new) is what led to little as a couple of hundred dollars for hard-
these systems costing thousands of dollars
2. Reductions in back-office costs (less per unit. ware and a few dollars a month service fee.
auditing and filing);
The early on-board systems that were Offsetting these costs are the benefits
3. Eliminating inefficiencies in the tied to communications and tracking
operation, such as excessive waiting systems also required extensive in-cab that the system will bring. More efficien2t
times becoming visible (you can only and back-office hardware and software
fix what you can see); and systems. The high cost of the overall use of the driver’s time (no more filling out
system was justified by providing
4. Improved compliance and risk customers with requested service. Being paper logs!), no purchasing one or two
positioning, which can lead to lower able to track the vehicle and communicate
insurance rates and fewer fines. inst3antly with the driver justified the cost paper logbo1.o ksFpedeErx Fmreiognhtttheamfogretesatcoghetdherriver,
before cheaper tracking and and no auditingforaanpdictfuirleing of paper logs are

all Idnidreircetcbt2eb.n eenfe“wPitrifitonsticntOktesshrh”itfo!aohTdrthratihecvtyeaetrsdnsuhap–yeop. tofhsrfityssMseteittkaeemt,mhtheewbciiogllst.

bring inclu3d. e bJeotntaethranpKeurefnotzr,mMMaTnA’csecufrrreonmt the
ddrisivtreirbsu(trieodnuocef dMaCtthhMsatTheipArimsewPeaervoendes,rniidkast.elnanHotedl,aosLnditogdou,-pitltssiimhnCtoeaegpmv)aoop,lsbuieboninwetl.eiittethtryerto

see and con4.t rolMwajaoritBiilnl Dgoftfliemmeey,erimandpDro.Mv. ed
spcoosrietsio, nan. dBwmooaawrnkmbyinyaegentat’sthrseiBs.racrosryuarWfseeertttozygheaathvneedrbfeoceronmpli-
CSA
ance

4When the cost/benefit calculations are

made, it becomes clear fairly quickly that

1280 BBEEHHINiDnTdHtEHWEHWEEHL E|ElQ~3 FQal3l 2F0a1l7l 2016 www.mmtanet.com

* * * sPEcialMARYLANDONTHEMOVE Edition on Elds * * *

Photos of fun and fellowship at the 2017 Maryland TDC

works, what he/she needs to do to interact regulations and the system as well. Once adjustments are made to refine the
with it, how to set it up for a roadside Supervisors need to know how the unit processes based on the experience of the
inspection and/or how to get corrections functions, what information is available to beta group, you want to put your “more
made will quickly become frustrated with them, and how to interpret what they’re engaged” drivers onto the system next.
the system. Frustrated drivers are not seeing. These drivers will have the best experience
happy drivers, and drivers that are not with the system, appreciate it quicker, and
happy tend to start looking for a job else- What you don’t want is the driver being share the word with their coworkers. Save
where. Make it a point that all drivers will caught between a highly accurate logging the drivers and supervisors that you know
be thoroughly trained before being put on system and a dispatcher who, based on will be a challenge for last (such as your
the system. customer and/or operational demands, is “anti-technology” drivers, habitual log
trying to force the driver to do too much. offenders, drivers with extremely negative
To accomplish this, follow the tried-and- This will lead to frustration and possible attitudes, etc.). You do not want drivers and
true training method of “tell me, show me, driver losses if the situation is allowed to supervisors who are having a bad experi-
and have me do it.” Teach the driver about continue. ence with the system to be the first ones
the system, show the driver what he/she talking to their coworkers about it.
will need to do, and then run simulations uSe A BeTA GrOuP TO TeST COnCePTS
using the system in “real world” situations. Be selective when it comes to the drivers As you might imagine, tightening up
The training needs to be well planned and paper log auditing and using a “beta group”
executed so frustrations in using the sys- and supervisors you initially put onto the will require time. With the looming compli-
tem can be mitigated. system. Start with a “beta” group. This ini- ance deadline, carriers cannot afford to
tial group of drivers and supervisors can delay exploring electronic logs. There are
fOr THe Driver’S SAke, DO nOT test your training, system, and policies in many steps that must be accomplished
fOrGeT THe SuPerviSOrS! advance of the wider rollout. These drivers (developing specifications, vendor selec-
and supervisors can then serve as “men- tiniosnta, lhlaigtiho-nlepvelalnasnddesvueploeprveids,oerCttcOr.N)aTibIneNifUnoEgrDe, 
Next, make sure that the drivers’ super- tors,” or even “trainers,” when the wider
visors are trained on the hours-of-service implementation takes place.

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BEHIND THE WHEELw|wwQ.3mFamllt2a0n1e7t.co1m9

05/04/13 3:12 AM

*MARYLAND* * sPEcialONTHEMOVE Edition on Elds * * *

“When we first implemented electronic “the worst thing you can Do to these
logs, we brought every driver into our guys is hanD them new technology
North Little Rock office for training before without training — without
turning on the unit,” Brown tells us. And,
keep in mind that Maverick is an OTR explaining how it works, what it Does,
operation, so bringing their 1,700 drivers anD why they have it. turning it on anD
in for training was no easy feat. letting ‘em loose woulD’ve Definitely

At Maverick, training consisted of two been a mistake.”
hours of instructor-led and hands-on train-
ing. Drivers spent time in a lab, changing —wayne brown, vp of information technology,
duty statuses and getting comfortable with maverick transportation
the devices before they ever even attempted
to operate the electronic logs in their cabs. a much more positive experience for every- Turning it on and letting ‘em loose
one involved. would’ve definitely been a mistake,” says
Trainers then took their education one Brown.
step further. They climbed into the cab “The worst thing you can do to these
with each driver, logged them in, made guys is hand them new technology without Of course, drivers weren’t the only ones
sure the technology was working as expect- training — without explaining how it to undergo training at Maverick. Everyone
ed, and double-checked to ensure drivers works, what it does, and why they have it.
understood how it worked. ➥

In the end, this investment on the front
end dramatically minimized frustration
and confusion among their drivers. It
wasn’t a simple thing to do, but it made for

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2w0ww.mBEmHItNaDneTtH.cEoWmHEEL | Q3 Fall 2017

mmtanet.com FUN FACTS!

One class had a separation of .06 seconds between the 1st &
2nd place winners – they tied on score so time on the course
was used to determine the actual winner. (That’s less than the
time it takes a honeybee to complete one wing flap - WOW!)
The Rookie of the Year “runner up” only missed by 3 points!
The team trophy winner beat their next closest competitor by
only .67 points! And then we discovered that the 3rd place
winner was only 1 single point lower than the top two. What a
great group!
The Three Axle class is only separated by 8 total points between
1st and 3rd place. Nice job guys!
We had families come from as far as Frostburg and Richmond
to support their truck drivers – way to go!

CONTINUED 

KELLY Benefit Strategies

is proud to be endorsed by the

Maryland Motor
Truck Association

(MMTA)

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BEHIND THE WHEEL | Q3 Fall 2017 21

MARYLAND ON THE MOVE

2017 Maryland State
Truck Driving Championships Winners

Grand Champion Team Champion Rookie of the Year
Michael Miltenberger, Giant of Maryland Kenneth Knopp,
Pitt Ohio Express, Inc.
FedEx Freight

3 Axle Van Straight Truck
Lou Petrovia, XPO Logistics Jason Toothman, FedEx Freight
John Nash, UPS Chesapeake District Roy Hart, III, Broadcast Sports
Joe Pack, UPS Freight Darren Bernett, Safeway

4 Axle Van Tanker
Curtis Dennard, UPS Freight Eugene Lloyd, Carroll Independent Fuel
Donald Nichols, ABF Freight System Chris Firestone, Domino’s Pizza
Kenneth Knopp, FedEx Freight Randy Hayward, FedEx Freight

5 Axle Twins
Michael Miltenberger, Pitt Ohio Express, Inc. Ryan Grzybowski, UPS Chesapeake District
Michael Scarano, Cowan Systems Gregory Hess, FedEx Freight
Chris Sleeper, Safeway Jason Trego, UPS Freight

Flatbed Mixer
Richard (Scott) Malozi, Rukert Terminals Steve Waclawski, Chaney Enterprises
Jerry Stephenson, Giant of Maryland Donald Gilbert, Howlin Concrete
Kenneth Turner, FedEx Freight Russell Walton, Howlin Concrete

Sleeper Dump
Robert Warfield, Domino’s Pizza Steve Hageman, Ross Contracting
Jay Hoover, Fed Ex Ground Chester Dove, Chaney Enterprises
Jack Nutter, Domino’s Pizza Todd Dove, Howlin Concrete

22 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

2017

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Safe operation of your trucks is a public service. Your drivers are a custodian on our
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5:15 to 8:30 pm -- Chairman’s Reception, Banquet, Awards & Entertainment

mmtanet.com BEHIND THE WHEEL | Q3 Fall 2017 23

MARYLAND ON THE MOVE

2017 SuperTech & FutureTech Maryland

Five years and counting, time flies to compete against each other at the same winners was presented a commemorative
when you’re having fun! On June 17 stations. Students are paired with employed marble plaque and multi-meter kit to
MMTA’s Maintenance Council partnered technicians as they travel through the skill reward their proficiency.
with Fleetpro to host the 5th annual state- stations so they can learn more about
wide skills competition known as Su- working in the industry. It also provides Scores were tabulated to determine the
perTech Maryland. SuperTech is a carefully the students with an opportunity to mingle top three winners of the day. Dave Thrower
constructed test of “book knowledge” and with potential employers. of Old Dominion Freight Lines was hon-
hands-on skills to test mechanics’ expertise ored with the SuperTech 1st Place Grand
on diagnosing and repairing commercial This year SuperTech changed locations Champion trophy, along with a cash prize
vehicles. Among the skills that were tested and was held at CAT North High School in and an expenses-paid trip to the nation-
included brakes, preventive maintenance Anne Arundel County. The move came for al competition. Thrower will compete in
inspection, wheel end, fifth wheel, fasteners, a few reasons, but mainly so we can grow Florida this September at TMC’s National
engines, service information and electrical bigger and better. CAT North deserves a SuperTech along with other states winners
systems. The technicians complete a written great big shout out for hosting us with such where he has a chance to win an all-ex-
test based on ASE’s standard practices and grace and outstanding support. pense paid trip to the Daytona 500.
then move on to rotate through skills sta-
tions, set up with a specific test for each. This year also proved to be the most We also congratulate the 2nd place
attended event ever with nearly 30 overall winner – Glenn Whisenand of BGE
For the second year in a row, SuperTech technicians and 12 students registered! – who has competed every year since the
also included a “FutureTech Maryland” We had some record numbers in 2017 as event started. Glenn has won a station in
competition, which allowed students technicians from 13 different companies past years, but is very excited and proud to
enrolled in a mechanic training program that represented 6 states competed at have broken in to the overall top three.
SuperTech Maryland. Each of the station
Our 3rd place overall winner, Matthew

24 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

Grapes of Beltway International, has also among the Virginia competitors. Paul re- you again next year.
competed every year since 2013. Matt has ceived a “Virgina Grand Champion” trophy Volunteers are special people and
won a station three times and has placed in along with the opportunity to attend Na-
the top three every year since the competi- tionals as the Virginia state representative. MMTA is lucky to have so many willing
tion started. He is a steady competitor who friends who step up to help. This event has
takes his work seriously. Only 35 points SuperTech competitions showcase a lot of moving parts and small details that
separated the 1st and 3rd place overall win- the high degree of skill and knowledge must be handled, but the quality of our
ners – it was a very close competition. that trucking industry technicians show volunteers and “event staff” is outstanding.
every day on the job. Troubleshooting MMTA wants to send a big “Thank You”
Due to the large number of competitors and diagnostics are like a puzzle and the to all the folks who came out and spent
from Virginia, where there is no statewide professionals in this field must be good their day with us to make SuperTech a
competition, for the first time ever we were critical thinkers to succeed. Respect and smashing success!
able to also recognize another state’s Grand admiration go out to all the techs that
Champion at our event. Paul Schafer of put aside any nervousness or doubt and
Redwines International took the top spot showed up to compete. We hope to see

Scenes from SuperTech 2017

mmtanet.com CONTINUED 
BEHIND THE WHEEL | Q3 Fall 2017 25

MARYLAND ON THE MOVE

26 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

Insurance Brokers
Since 1984

Quality Insurance Solutions for
the Transportation Industry

Contact Lisa Tapper (800) 843-8427
Ext. 111 or Rob Smith Ext. 123
[email protected]
[email protected]

Household Goods Movers Last Mile Delivery Freight Haulers
Office Movers Owner Operators Amazon Contractors

www.selzercompany.com

mmtanet.com BEHIND THE WHEEL | Q3 Fall 2017 27

MARYLAND ON THE MOVE

2017 SuperTech Maryland Winners

Overall Winners:

MARYLAND WINNERS VIRGINIA CHAMP

Dave Thrower, Old Dominion Paul Schafer, Redwines International
Matthew Grapes, Beltway Companies
Glenn Whisenand, BGE

FUTURETECH

Mohamed Elashmawy, North American Trade School
Clinton Hyde, North American Trade School
Austin Weinreich, North American Trade School

Station Winners:

Engine Electrical Service Information
Scott Gremminger, Beltway Companies Matt Grapes, Beltway Companies

Preventive Maintenance Inspection Brakes
John Kidd Sr., Travel Centers of America Joe Murphy, Murphy’s Truck Repair

Fasteners Wheel End
Daniel Porter, DM Bowman Glenn Whisenand, BGE

Fifth Wheel Electrical

Dave Thrower, Old Dominon Freight Lines Michael Sandmeier, First Vehicle Svcs.

28 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

2017 Truck Driving Championships
& SuperTech Maryland Supporters!

Albertsons/Safeway Cowan Systems Maryland Transportation Authority
Middleton & Meads Co.
Altec Cummins Mitchell 1
Motor Vehicle Administration
Alumni Logistics D. M. Bowman PITT OHIO Express
Purkeys Fleet Electric
ASE - National Institute for Auto- Eaton Corp. R. W. Bozel Transfer
motive Service Excellence FedEx Express Robson Forensics
Baltimore Auto Supply Co. FedEx Freight East Ross Contracting
Baltimore County Police FedEx Ground Ruckert Terminals Corp.
Beltway Companies Fleet Transit SAF-HOLLAND
BGE Fleetpro Shell Oil
Burris Logistics FMCSA SKF
Carroll Independent Fuel Giant Food State Highway Administration
Center of Applied Technology North H & S Bakery Technology & Maintenance Council
(CAT North) Howlin Concrete Travel Centers of America
Central Maryland International Imperial Supplies UPS
Trucks Lee Transport UPS Freight
Chaney Enterprises Lord Baltimore Uniform WyoTech
Chevron Lubricants Maury, Donaldson & Parr

Maryland Dept. of Environment

Maryland State Police

mmtanet.com BEHIND THE WHEEL | Q3 Fall 2017 29

MARIJUANA AND THE
MOTOR CARRIER INDUSTRY

An indepth look at legalization in some form of medical marijuana
and its implications on delivering our nation’s freight

BY ALBERT B. RANDALL, JR.
& MATTHEW GEORGE KUSPA

Guest Writers

Currently, twenty-nine states, including marijuana program has been plagued still remains a Schedule I substance under
Maryland, have legalized the use of by repeated delays and challenges to the the Federal Controlled Substances Act
marijuana for medicinal purposes. Mary- fairness of its licensing procedures. In (“CSA”). This unresolved tension be-
land lawmakers first approved of medical 2016, the MMCC awarded 15 prelimi- tween federal and state law creates many
marijuana in 2013. Soon after, lawmakers nary growing licenses and 15 preliminary uncertainties for employers across the
revamped Maryland’s medical marijuana processing licenses. Maryland can likely country. Accordingly, jurisdictions take
program by vesting the Maryland Med- expect to see some of the 9,000 registered varied approaches on whether employees
ical Marijuana Cannabis Commission patients begin using medical marijuana are entitled to workers’ compensation
(“MMCC”) with the responsibility of cards sometime later in 2017. benefits with regard to on-the-job injuries
establishing Maryland’s medical mari- caused by or treated with medical mari-
juana industry. The MMCC engages in Despite successful state efforts in juana. Furthermore, employers instituting
policy-making and oversees licensing and legalizing medical marijuana and estab- drug-free workplace policies in states that
registration measures pertaining to Mary- lishing lucrative industries, marijuana
land’s medical marijuana program.

Nevertheless, Maryland’s medical

30 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

have legalized medical marijuana run to the employer’s drug policy to permit federal prosecutors in states that legal-
the potential risk of encountering state the marijuana use was a facially reason- ized medical marijuana use. The DOJ’s
law disability discrimination or wrongful able accommodation given that medical guidance stated that federal prosecutors
discharge claims from employees using marijuana was the most effective means of should not focus federal resources on
medical marijuana. Take Garcia v. Tractor treating the employee’s debilitating con- individuals whose actions are in compli-
Supply Company, for example – a New dition. The court noted, however, that the ance with existing state medical mari-
Mexico U.S. District Court case demon- employee could still lose on the disabil- juana laws. Accordingly, the DOJ made
strating the liability conundrum that faces ity discrimination claim if the employer clear that this guidance neither legalized
employers in states that have legalized demonstrated that approval of medical nor provided medical marijuana use as a
marijuana. marijuana use would cause undue hard- defense to a CSA violation. However, one
ship. Nevertheless, the Barbuto court’s thing was not clear: whether the DOJ’s
In Garcia v. Tractor Supply, the em- approach is worth noting as this decision guidance would also affect the DOT’s po-
ployee tested positive for marijuana on an is likely to influence other states. sition on marijuana use by safety-sensitive
employment drug test due to his medical transportation employees. After receiving
marijuana use. Pursuant its drug-free When it comes to medical marijuana
workplace policy, the employer termi-
nated the employee on the basis of the Even in the wake of increased state medical
positive test results. The employee sub- marijuana laws, the DOT stands strongly
sequently brought a state law disability
discrimination claim against the employer by its longstanding policy prohibiting any
and argued that the employer unlawful- marijuana use by transportation employees.
ly terminated him based on his medical
condition. Fortunately, the court conclud- use by drivers with a commercial driver’s several inquiries from employers in the in-
ed that the employer was not required license (“CDL”), there is less uncertainty dustry, the DOT sought an opportunity to
to accommodate the employee’s medical about the governing rules. Commercial- reinforce its position and issued a “Medi-
marijuana use because the CSA preempted ly-licensed drivers of commercial mo- cal Marijuana” Notice in June 2009.
New Mexico’s medical marijuana act. tor vehicles (“CMV”) must pass DOT
physicals in order to obtain medical cards. In its Notice, the DOT firmly stated:
Despite the employer’s victory in Additionally, CDL drivers of CMVs are “We want to make it perfectly clear that
Garcia, there is no way to predict the fate subject to DOT drug testing regulations, the DOJ guidelines will have no bearing
of employers in many other jurisdictions, which explicitly bar the illicit use of on the Department of Transportation’s
including Maryland, that have yet to ana- Schedule I drugs. Even in the wake of regulated drug testing program. We will
lyze the legality of employee discipline for increased state medical marijuana laws, not change our regulated drug testing pro-
medical marijuana use. In fact, a recent the DOT stands strongly by its longstand- gram based upon these guidelines to Fed-
Massachusetts Supreme Court decision ing policy prohibiting any marijuana use eral prosecutors.” The DOT subsequently
reaffirmed employer concerns about by transportation employees. The DOT’s emphasized that despite the successful
the legal risks associated with enforcing stance became particularly clear when its legalization of medical marijuana across
zero-tolerance work policies. In Barbuto Office of Drug and Alcohol Policy and states, all safety-sensitive employees –
v. Advantage Sales & Marketing, LLC, the Compliance issued a Notice six years ago which includes truck drivers – will remain
court overruled a motion to dismiss and in response to a Department of Justice prohibited from using marijuana so long
held that a cause of action for disability Guidance. as it constitutes a Schedule I drug. The
discrimination could exist against an em- notice carefully reminded employers in
ployer for terminating an employee after In October 2009, the Department of
testing positive for medical marijuana. Justice (“DOJ”) issued guidelines for CONTINUED 
The Massachusetts’s high court rejected
the employer’s argument that accommo-
dation of an employee’s medical mari-
juana use is per se unreasonable because
it is illegal under federal law. Instead,
the court reasoned that an exception

mmtanet.com BEHIND THE WHEEL | Q3 Fall 2017 31

every state that its drug testing regulations any driver from being certified to operate discussed, employers seeking to provide a
did not permit medical marijuana use un- a CMV. Thus, upon examination of a drug-free workplace run the potential risk
der a state law to serve as a valid medical non-CDL driver, a CME could choose to of liability for disability and employment
explanation for a transportation employ- request a non-DOT drug test before issu- discrimination under state laws. Unfortu-
ee’s positive drug test result. To drive this ing a medical card. If a non-CDL driver nately, discrimination claims are not the
point home, the DOT included the text of subsequently fails such a drug test due only liability risks facing employers. The
the relevant section of the regulation: to medical marijuana use, he or she will involvement of driving inevitably raises
not qualify for a medical card to drive a a myriad of public safety concerns. Thus,
§ 40.151 What are MROs prohibited from CMV. An employer is then faced with the drug use by drivers, while on-the-job or
doing as part of the verification process? unexpected loss of a qualified non-CDL at home, also exposes employers to tort
driver due to a failure to screen the driver liability for claims of negligent hiring and
As an MRO, you are prohibited from doing for marijuana. Such an outcome necessar- retention. So long as marijuana remains il-
the following as part of the verification pro- ily creates setbacks for businesses relying legal under federal law, employers should
cess: on non-CDL drivers to keep their vehicles continue to review drug testing policies in
on the road. light of burgeoning state efforts to legalize
(e) You must not verify a test negative medical and recreational marijuana.
based on information that a physician recom- The bottom line? Regardless of a
mended that the employee use a drug listed state’s medical marijuana law, all drivers Albert B. Randall, Jr. is the President of Franklin &
in Schedule I of the Controlled Substances of CMVs should be a part of a drug Prokopik, P.C., and can be reached at [email protected]
Act. (e.g., under a state law that purports to test program that includes testing for fandpnet.com. Matthew George Kuspa is an associate
authorize such recommendations, such as the marijuana. with Franklin & Prokopik, P.C., and can be reached at
“medical marijuana laws” that some states [email protected]
have adopted.) The amalgamation of litigation sur-
rounding medical marijuana demonstrates
The DOT’s 2009 Notice certainly that state medical marijuana laws present
cleared the smoke for employers of CMV a minefield for employers. As previously
drivers in every state: all drivers subject
to DOT testing are not permitted to use RICE TIRE SINCE 1956 RICE TIRE HAS
marijuana, even if use of marijuana is in EXPERTS IN TIRE SOLUTIONS BEEN DEDICATED TO FLEET
compliance with state law. TM MANAGEMENT SOLUTIONS
IN MARYLAND & VIRGINIA.
Understandably, confusion regarding
medical marijuana use by CMV operators WWW.RICETIRE.COM
seems to arise with respect to businesses
that employ non-CDL drivers. Under fed- FACEBOOK.COM/RICETIRE
eral law, non-CDL drivers are not subject
to DOT drug testing. As a result, some FOR HIGH LEVEL SERVICE AND VALUE VISIT US AT ONE OF OUR 10 CONVENIENT LOCATIONS.
employers do not test non-CDL drivers
for marijuana under the belief that it is BALTIMORE: 410-737-8010 FREDERICK: 301-695-9652
legal for these employees to use medical
marijuana in states that have legalized CUMBERLAND: 301-777-0400 GAITHERSBURG: 301-330-8473
it. However, this belief is false. As pre-
viously discussed, all drivers of CMVs FORESTVILLE: 301-736-8797 HAGERSTOWN: 240-420-0009
must pass DOT physicals conducted by
a certified medical examiner (“CME”) in VIRGINIA LOCATIONS: MANASSAS, BRANDY STATION, HARRISONBURG, WINCHESTER
order to obtain medical cards. Although
non-CDL drivers are not subject to DOT
drug testing, Part 391.41 of the Federal
Motor Carrier Safety Administration’s
Regulations state that the use of Sched-
ule I drugs will automatically disqualify

32 BEHIND THE WHEEL | Q3 Fall 2017 mmtanet.com

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DIGITAL MAGAZINE NOW AVAILABLEBEHindtHEWHEEl ~ Q3 Fall 2016 19

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