Group Letter to FMCSA Opposing WA Trucking Petition

November 8, 2019

Administrator Ray Martinez
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE
Washington, DC 20590-0001

Re: FMCSA-2019-0128-0001 Petition for Determination of Preemption: Washington Meal and Rest Break Rules for Commercial Motor Vehicle Drivers

Dear Administrator Martinez:

The Washington Trucking Associations, Inc. (WTA) has petitioned for a ruling to preempt Washington State’s longstanding employment law as it pertains to meal and rest break rules for drivers of commercial motor vehicles. We strongly urge you to reject this petition.

WTA argues that since the Federal Motor Carrier Safety Administration (FMCSA) approved (illegally, in our view) the trucking industry’s highly-controversial petition last year to preempt California’s similar employment law, there is no reason to deny WTA’s petition. This is incorrect. In neither case does FMCSA have authority to preempt state employment laws.

The Washington meal and rest law was specifically designed to reduce worker fatigue and to protect workers and the general public from workplace accidents, injuries, and deaths. The law applies to almost all workers generally and was not intended to directly regulate motor carriers.

States have long had the power to regulate the employment relationship and to protect worker health and safety. Washington exercised its traditional power when enacting the meal and rest provision in its administrative code. The WTA petition, which asks for an FMCSA ruling covering one class of workers in one state, is an egregious attack on one state’s employment law and states’ rights generally.

We strongly urge you to reject this petition. Please contact Joanne Doroshow at the Center for Justice & Democracy for more information: joanned@centerjd.org. Thank you for your consideration.

Very sincerely,

Advocates for Highway and Auto Safety

AFL-CIO

AFT Washington, AFL-CIO

Alliance for Justice

Amalgamated Transit Union

Brotherhood of Locomotive Engineers & Trainmen - Washington State Legislative Board

Center for Auto Safety

Center for Justice & Democracy

Consumer Action

Consumer Federation of America

Earthjustice

International Association of Machinists and Aerospace Workers District 751

International Association of Machinists and Aerospace Workers/Woodworkers District Lodge W24

National Association of Consumer Advocates

National Consumers League

National Employment Lawyers Association (NELA)

Network for Environmental & Economic Responsibility of United Church of Christ

Public Citizen

Public Justice

SEIU 925

SMART Transportation Division/United Transportation Union

Texas Watch

Transport Workers Union of America

Transportation Trades Department, AFL-CIO

U.S. PIRG

UFCW 21

Washington Education Association

Washington State Council of County and City Employees

Washington State Labor Council, AFL-CIO

WashPIRG