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Labor secretary says most truck drivers are exempt from Covid mandate, handing industry a win

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The Massachusetts Turnpike, Grafton MA. Trucks transport goods.

Boston Globe | Boston Globe | Getty Images

According to Labor Secretary Marty Walsh most truckers do not have coverage for President Joe Biden’s Covid vaccine or testing requirements for private companies. This is a victory for the industry which had previously warned about possible walkouts that could disrupt supply chains already stretched.

Truckers are being pushed back today, we’ve heard. It’s ironic that most truckers aren’t covered because they’re truckers, and they’re not in a vehicle, so they don’t get coverage. Walsh spoke to Chris Hayes, MSNBC, late Thursday.

Biden issued a vaccine mandate or test requirement for companies with 100 or more employees on Friday. The requirements were published in the Federal Register by the Occupational Safety and Health Administration. Companies have until January 4th to verify that their employees received all required vaccines. Unvaccinated workers must submit a Weekly Negative Covid Test to be allowed into the workplace. Beginning Dec. 5, unvaccinated workers will need to wear masks inside their workplaces.

According to the Department of Labor, this mandate does not apply to workers who “do not report to work where coworkers, customers, or other persons are present.” This includes truckers who travel alone or do not interact with others at the point of departure and destination. Exempt are those who work exclusively outside or from their home.

“All indications from the Department of Labor indicate that this exemption does not apply to the commercial driver population,” Chris Spear, President and CEO of American Trucking Associations said Friday. He praised the provisions as “a tremendous victory for our industry and association.”

CNBC spoke with a Labor Department spokesperson who said that testing and vaccination requirements for truck drivers would be applied to those “working in teams” (i.e. 2 people per truck cab) as well as people who are in contact with other people at their destination or starting point.

American Trucking Associations opposed the White House’s mandates to Office of Management and Budget officials last month. had warned many drivers would quitThey would prefer to follow the rules and disrupt the national supply of drivers during holiday season, when it is already in short supply by 80,000.

Spear stated Friday that truck driver shortages are a serious problem. Spear added, “It is crucial for our industry to have the relief it requires to keep critical goods moving,” Spear explained.

Spear criticized OSHA’s mandate despite the exemptions. He accused OSHA of using “extraordinary authority unwisely” and applying it to all industries at an arbitrarily low threshold of 100 employees, which fails to account for actual risks.

Spear stated that they are considering all possible recourses to protect every sector of the workforce from unintended consequences due to this misguided mandate.

CNBC was informed Friday by a senior administration official that some industry associations’ fears are not true. He pointed out the high compliance rates among those companies who have met vaccine requirements such as United Airlines. According to the official, the OSHA is available to assist companies in implementing the regulations through factsheets, sample plans and other outreach.

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