Update: Electronic Logging Device (ELD) and Agriculture in Interstate Commerce

Since the implementation of the ELD mandate for interstate commerce on December 18, 2017, agriculture carriers continue to operate under a temporary partial exemption, pending a formal resolution from the Federal Motor Carrier Safety Administration (FMCSA), which is currently accepting comments. Western Growers is finalizing its further comments, which will be filed before the February 20, 2018, deadline.

Starting in early November 2017, in order to ensure that Western Growers members secure the best flexibility under the ELD mandate, the following steps have been taken:

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Ken Gilliland

Cal/OSHA Issues Updated Guidance to Employers on Respiratory Protection from Wildfires

With the Southern California wildfires still raging, Cal/OSHA issued an advisory providing updated guidance to employers with outdoor workers who may be exposed to wildfire smoke.

The advisory states: When outdoor workers are exposed to air quality that is designated “Unhealthy”, “Very Unhealthy” or “Hazardous” by local air quality management districts, employers are required to provide filtering respirators such as masks labeled N95 and certified by the National Institute for Occupational Safety and Health (NIOSH).

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Jason Resnick

FMCSA Expected to Publish Guidance to Ag Industry on Electronic Logging Device Requirements

The Federal Motor Carrier Safety Administration’s (FMCSA) Electronic Logging Device (ELD’s) rule is scheduled to go into effect on December 18, 2017, requiring commercial drivers to maintain hours-of-service logs electronically instead of using handwritten logs. However, in recent days, FMCSA has announced a 90-day waiver from the ELD requirement for agriculture, pending the publication of formal guidance to the agricultural industry in the Federal Register.

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Ken Gilliland

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