Tuesday, August 30, 2016
PHMSA Issues Public Invitation to Comment on Application for Federal Preemption on California Meal and Rest Break Requirements.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) today published a Public Notice and Invitation to comment on an application from the National Tank Truck Carriers (NTTC), Inc. to determine whether federal hazardous material regulations preempt or override the state of California’s meal and rest break requirements. California law generally prohibits employers from requiring a truck driver to work during any meal or rest period. In its application, NTTC lists three reasons for why they believe federal law should preempt California law: it creates unnecessary delays for the transportation of hazardous materials; it conflicts with the attendance requirements of the Hazardous Materials Regulations (HMR); and it creates an obstacle to accomplishing the security objectives of the HMR. The notice will be open for comments for up to 45 days after the publication date of the notice in the Federal Register and is currently on Public Inspection at: https://www.federalregister.gov/articles/2016/09/02/2016-21205/hazardous-materials-california-meal-and-rest-break-requirements. An actual date of publication will be determined by the Federal Register. For more information, visit PHMSA’s website at www.phmsa.dot.gov. Contact for media: Artealia Gilliard (202) 366-4831.