More Negative IC Bills Introduced Into Congress

Yesterday, Senator Sherrod Brown (D-OH) introduced S3254 and Representative Lynn Woolsey (D-CA) introduced HR5107 which aim to crack down on the use of independent contractors. The legislation text for Brown's bill is not yet available online but Woolsey's legislation is available here. A press release from Brown's office is available here as well.

CSA 2010 Data Preview Now Available for Motor Carriers

April 12, 2010 - CSA 2010 Data Preview Now Available for Motor Carriers!

 

FMCSA is pleased to announce the Comprehensive Safety Analysis (CSA) 2010 Data Preview, which will allow individual motor carriers to review their safety performance data by the CSA 2010 Behavior Analysis and Safety Improvement Categories (BASICs). The Data Preview begins on April 12, 2010 and ends on November 30, 2010, the national launch date for the CSA 2010 safety enforcement program.  

During the data preview period, motor carriers are encouraged to closely examine their performance data and immediately address any safety problems.  This is also an opportunity for motor carriers to update and verify their safety performance data online.

This important step is designed to focus motor carriers on identifying and addressing unsafe behaviors that can lead to crash risk. It also underscores FMCSA’s commitment to data integrity and the motor carrier industry’s responsibility for ensuring commercial vehicle safety.

Complete details on the Data Preview and the CSA 2010 implementation schedule are published in the Federal Register. The CSA 2010 implementation schedule supports the critical importance of incorporating the findings from over 30 months of operational model testing in nine CSA 2010 pilot states.

 

 https://csa2010.fmcsa.dot.gov/

FMCSA may delay full CSA 2010 implementation

FMCSA may delay full CSA 2010 implementation

Posted By CCJ Staff On April 2, 2010 @ 8:25 am In CCJ Daily Newsletter, Feature in Slideshow, Headline Links, Industry News, News, Newsletters | No Comments

Full implementation of Comprehensive Safety Analysis 2010 will be delayed to 2011, the American Trucking Associations said Thursday, April 1. The Federal Motor Carrier Safety Administration’s original plan was to begin implementing the program in July 2010 and to have all states fully functional by December of this year. ATA says it now appears that although certain phases of CSA 2010 will begin this fall, full implementation will not be completed until spring 2011 or perhaps summer 2011.

FMCSA spokesperson Candice Tolliver says that as part of the agency’s commitment to launch a comprehensive and effective CSA 2010 program, FMCSA is in the process of incorporating the feedback received from partners and stakeholders in the CSA 2010 pilot states. Tolliver says FMCSA expects to issue a Federal Register notice in the coming weeks that will address the CSA 2010 implementation timeline and data preview for commercial motor carriers.

ATA says that as announced on its free member webinar on CSA 2010 earlier this week, FMCSA plans to provide motor carriers with a limited preview of their CSA 2010 data beginning on April 12. ATA says it will provide members with instructions on how to access their data as soon as these details become available; while this preview will include carriers’ safety events (roadside inspections and crashes) and resulting violations, it will not reflect carriers’ scores in each of the Behavioral Analysis and Safety Improvement Categories (BASICs).

FMCSA also announced that beginning Nov. 30, motor carriers and the general public will be able to view more complete CSA 2010 Carrier Safety Measurement System (CSMS) data, including scores in each of the BASICs, according to ATA; however, as previously indicated, the public will not be able to view the Crash Indicator scores because of concerns about the quality of the underlying crash data.

ATA also says that FMCSA on Nov. 30 will begin issuing warning letters to deficient carriers, but will not utilize the full range of CSA 2010 interventions; instead, FMCSA will use the CSMS (instead of Safestat) to prioritize motor carriers for standard onsite compliance reviews.

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Article printed from Commercial Carrier Journal: http://www.ccjdigital.com

URL to article: http://www.ccjdigital.com/fmcsa-may-delay-full-csa-2010-implementation/

With healthcare behind them, politicians eye Independent Contractors

March 24, 2010

Dear Independent Contractor, With the healthcare bill passed, Washington politicians will be gearing up to focus their attention elsewhere, including legislation that threatens the way millions of Americans make a living and support their families: independent contracting. Proposed federal legislation includes a complex set of new rules defining who is allowed to be an IC – more complex rules with threatened heavy penalties to deter companies from hiring ICs. As highlighted in a recent San Jose Mercury News article, politicians continue to either miss or ignore important facts about our healing economy – particularly in Silicon Valley and other tech centers where thousands of highly-skilled ICs work in the technology sector. In an area – and industry – hit especially hard by the recession, why would our lawmakers want to do something to hamper growth and recovery? The answer is simple: hidden agendas and budget deficits. The proposed legislation – sponsored by Sen. John Kerry, D-Mass., and Rep. Jim McDermott, D-Wash. – would give the IRS more power to go after employers. Additionally, it would increase fines tenfold, meaning some fines would end up being $1 million. Startling, isn’t it? Many politicians either refuse to see or ignore the fact that ICs are part of the solution – able to speed up economic recovery and allow businesses of all sizes to survive in today’s economic climate. Some experts now fear a startling trend — U.S. small businesses becoming hesitant to hire ICs for fear of steep fines and confusing classification issues. Those of us who are independent contractors – or who hire them – must act now, before it’s too late. After all, every day we’re a little closer to new laws that could do irreversible damage. If you’re an IC – or a company that relies on them – visit www.cficf.org to voice your opinion about proposed legislation that threatens your livelihood. And as another reminder, look for continuing updates and news at www.twitter.com/IndContractors. Sincerely, David Dunnigan Executive Director Coalition for Independent Contractor Freedom

Pass it on Please pass this newsletter on to your friends and colleagues so they can also subscribe to stay current with independent contractor news and updates. Find us on… YouTube Twitter Are you a member? Although you are subscribed to this newsletter, you may not be a CFICF member. If you would like to become a member of the Coalition website please click here to join. Share your story and opinions with us on the CFICF Forum.

NJ Court finds Owner-Operator to be Employee for Worker's Compensation Purposes

WORKERS' COMPENSATION — SCOPE OF EMPLOYMENT
39-2-7290 Chaverri v. Cace Trucking Incorporated, App. Div. (per curiam) (8 pp.) This appeal concerns whether an injury of petitioner, Guillermo Chaverri, occurred during the scope of his employment with respondent, Cace Trucking Incorporated. Chaverri was the owner and driver of a tractor trailer. He entered into a written lease agreement with Cace whereby Chaverri agreed to use his tractor trailer to perform hauling services exclusively for Cace. Chaverri further agreed to maintain, register and insure the tractor trailer at his own expense. Chaverri was performing maintenance on the tractor portion of the vehicle at his residence when he injured his right eye, causing him to lose the sight in that eye. The appellate panel concludes as a matter of law that the injury occurred during the scope of Chaverri's employment with Cace and consequently reverses the contrary ruling of the compensation judge.”