Meal and Rest Break Preemption for Hazardous Materials Drivers Update

As you know, recently the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently issued a Notice of Administrative Determination of Preemption finding that said the Federal Hazardous Material Transportation Law and Hazardous Materials Regulations preempt California’s meal and rest break laws for all hazardous materials motor vehicle drivers. In their ruling the PHMSA issued the following: 

• California’s meal and rest break requirements create an unnecessary delay in the transportation of hazardous materials;

• California’s meal and rest break requirements are also preempted with respect to drivers of motor vehicles that are transporting Division 1.1, 1.2, or 1.3 explosive material and subject to the attendance requirements of 49 C.F.R. 397.5 (a) because it is not possible for a motor carrier’s driver to comply with the off duty requirement of the California rule and the federal attendance requirement; and

• California’s meal and rest break requirements are preempted as motor carriers that are required to file a security plan under C.F.R. 49 172.800 and who have filed security plans requiring constant attendance of hazardous materials. 

Any party who feels they are aggrieved by the PHMSA determination has 20 days from the date the determination was filed (which was September 21st, 2018) to file a petition for reconsideration and 60 days to file a request for judicial review. Both the International Brotherhood of Teamsters and the California Department of Industrial Relations (DIR) filed their petitions for reconsideration before the deadline. CTA will keep updated on how things transpire.