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SANBORN, BRANDON, DUVALL & BOBBITT CO., L.P.A.

Since 1925, serving the legal needs of transportation, business, and estate planning clients with quality service at reasonable rates.

Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A.
2515 West Granville Road
Columbus, Ohio 43235
Phone (614) 889-2531
Fax (614) 889-1442
info@sbdblaw.com

Practice Areas

History of Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A.

Judge Ralph W. Sanborn founded the firm in Cleveland, Ohio, in 1925 to serve the needs of the transportation industry. He moved the firm to downtown Columbus in 1940, hired Richard H. Brandon in 1948 and hired James Duvall in 1965. Mr. Duvall relocated the firm to its current location in 1983. In 1988, Mr. Duvall hired L. Christopher Bobbitt initially as a law clerk who later became a shareholder. In the 1990s, the firm expanded its areas of practice so that it now offers a wide range of services to businesses and business owners, as well as providing services in the areas of estate planning and probate. Hamlin C. King and Bryan M. Griffith joined the firm in 1999 and 2011 respectively.

Practice Areas

Transportation Law

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Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A. has continuously served the needs of the transportation industry since 1925 and provides a full range of transportation law services to transportation providers, intermediaries and shippers including the following:

Licensing and Registration

  • We assist clients in obtaining motor carrier, broker and freight forwarding licenses at both the federal level (USDOT–FMCSA) and state level (including PUCO) as well for Canadian and Mexican operations.
  • We assist clients with Hazardous Materials licensing and registration at both the federal level (USDOT- PHMSA Hazardous Materials Registrations and USDOT–FMCSA Hazardous Materials Safety Permits) and state level (including Uniform State Hazardous Materials Transportation Motor Carrier Registration).
  • We assist clients with International Registration Plan (IRP), International Fuel Tax Agreement (IFTA), Single State Registration, Uniform Carrier Registration Agreement (UCRA), Bonded Carrier and Warehouse, Customs-Trade Partnership Against Terrorism (C-TPAT), state Infectious Waste Transporter Certificates and alcoholic beverage commission transporter licenses (Ohio H Permit) registration, licensing and reporting.

Safety Regulation Compliance

  • We assist clients in complying with USDOT-FMCSA and related state laws and safety regulations governing the operation of commercial motor vehicles including drafting and reviewing company policies and procedures.
  • We assist clients in complying with federal and state hazardous materials regulations including drafting and reviewing security plans, training programs, emergency response programs, placarding requirements and proper preparation of HAZMAT shipping papers.
  • We assist clients in preparation and management of USDOT-FMCSA and state agency safety audits.
  • We defend clients in federal and state civil forfeiture proceedings.
  • We obtain USDOT-FMCSA Safety Rating upgrades through the initiation of 49 C.F.R. §§ 385.15 and 385.17 Petitions.
  • We advise clients regarding the management and improvement of SafeStat and CSA 2010 ratings.

Contracts for Transportation and Logistics Services

  • We draft and review a variety of Transportation and Logistics related contracts including the following:
    • Motor Carrier Transportation Services Contracts
    • Third Party Logistics Contracts
    • Broker-Shipper Contracts
    • Broker-Carrier Contracts
    • Warehousing Contracts
    • Owner Operator Independent Contractor Operating Agreements
    • Tractor Lease-Purchase Agreements
    • Commission Agent Agreements
    • Equipment Leases
    • Freight Forwarding Agreements
    • Ocean Service Contracts
    • NVOCC Service Arrangements
    • Equipment Interchange Agreements
    • Passenger Service Agreements
    • Bills of Lading
    • Tariffs and Service Guides

Transportation Related Claims

  • We counsel clients and litigate claims involving freight loss and damage, freight charges, property damage and personal injury.

Transportation Related Insurance

  • We counsel clients regarding many types of transportation related insurance products including commercial auto, motor carrier cargo legal liability and broker contingent cargo insurance policies.

Driver Licensing

  • We represent clients in administrative proceedings regarding the suspension and reinstatement of driving privileges.

Private Carriage

  • We provide advice and strategic planning for shippers and private carriers in connection with outsourcing transportation functions as well as converting private fleets into for-hire carriers.

Corporate Law

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Our clients rely on us for practical solutions in the following areas:

  • Entity selection and formation
  • The use of multiple entities to maximize asset protection and minimize taxes
  • Buy-sell agreements
  • Business succession planning
  • Mergers and acquisitions
  • Non-profit formation and qualification
  • Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) and Womens Business Enterprise (WBE) certifications
  • Exit strategies

Workers’ Compensation Law

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We aggressively represent employers in the following areas:

  • Defense of claims at all levels of the administrative process and all proceedings in Ohio courts
  • Defense of Violation of Specific Safety Requirement (VSSR) Claims
  • Workers’ compensation rate and premium reduction strategies
  • Disputes regarding premium assessment, rates and audits
  • Defense of challenges to the independent contractor status of workers
  • Interstate jurisdictional issues and coordination of Ohio coverage with other states’ coverage
  • Implementation of cost containment plans

Employment Law

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We counsel clients regarding all aspects of the employment relationship and employment law compliance including the following:

  • Preparation and review of employee handbooks and employee policies
  • Consultation regarding matters of employee discipline and discharge
  • Drafting of employment, confidentiality and non-competition agreements
  • Investigation, mitigation and litigation of overtime, wage and hour, wrongful discharge, discrimination and harassment claims
  • Advising regarding reductions in force, reorganizations, and acquisitions
  • Drafting and reviewing employee leasing, staffing and Professional Employer Organization (PEO) agreements

Taxation [TOP]

We counsel clients regarding a wide rage of federal, state and local taxation issues, including:

  • Representation in defense of IRS audits, sales and use tax audits, and fuel tax audits
  • Proactive business planning to minimize tax burdens
  • Preparation of Federal and Ohio Estate Tax Returns

Litigation

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We represent clients in administrative hearings, state and federal courts in a variety of matters including:

  • Defense of Workers’ Compensation Claims
  • Defense of Preferential and Fraudulent Transfer Bankruptcy Claims
  • Freight Loss and Damage Claims
  • Non-Competition Agreements
  • Commercial Collections
  • Business Disputes

Business Transactions [TOP]

We assist clients with the planning and documentation of numerous commercial transactions including:

  • Loans, revolving lines of credit, factoring and other commercial lending arrangements
  • Equipment leasing sales agreements
  • Requirements and supply contracts
  • Promissory notes, security agreements and secured transactions
  • Franchise agreements
  • Distribution agreements

Real Estate [TOP]

We represent clients in a wide range of real estate matters including:

  • Representing both landlords and tenants in leasing transactions, including retail leases, office leases, industrial leases and subleases
  • Assisting clients in the preparation and review of purchase agreements, conveyancing documents and financing documents
  • Drafting and reviewing construction contracts and architect agreements

Estate Planning And Probate

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We provide legal services to both plan and administer estates including:

  • Preparation of estate plans including wills, trusts, financial and health care powers of attorney and health care directives
  • Implementation of business succession plans and probate avoidance strategies
  • Preparation of estate and gift tax returns and related planning
  • Administration of probate estates
  • Obtaining releases from administration of probate estates
  • Trust administration

 

Fiscal Year 2016 BWC Rebate

Fiscal Year 2016 BWC Rebate

the Ohio Bureau of Workers’ Compensation has announced a significant rebate of premiums to Ohio employers that will be paid in July based upon premiums paid for the policy period of July 1, 2015 through June 30, 2016, if the proposal is approved by the BWC Board of Directors at its meeting April 28, 2017. The rebate amount will equal 66% of the premiums paid for the policy period. If you participate in the group retrospective rating program, you will receive your rebate after the premium calculation in October. Please carefully review the requirements below, and contact our office if you would like any assistance ensuring you qualify and are eligible for the rebate.

You must act now to ensure you are eligible to receive the rebate. In order to qualify, each of the following must be true:

  1.  For some portion of the policy period (July 2015 – June 2016), you participated in the state insurance fund. If you, or your PEO, were self-insured for a portion of the, but not the entire, policy period, you will still be eligible.
  2.  You reported payroll,greater than zero, for the policy period;
  3.    You were billed workers’ comp premiumsfor the policy period;
  4.  Before June 2, 2017, you must have completed reporting and premium reconciliationfor the policy period. This means you must have paid all premiums due for this policy period;
  5.  On June 2, 2017, your, and your PEO’s, workers’ compensation accounts are active. This means you have not closed your account, and your premiums are paid through this date. You may also qualify if your account status is reinstated, combined, or debtor-in-possession; and
  6.  Your tax identification number (“TIN or EIN”) is on file with the BWC.

If you used a PEO (“professional employer organization”), for any portion of the July 1, 2015 through June 30, 2016, policy period, that portion of your rebate, for premiums paid through the PEO, will be paid to the PEO. If you entered into or exited a PEO relationship during the policy period, you may also qualify for a direct rebate. The PEO is required to provide you with notice of the rebate, and, within 30 days, forward to you the rebate, less a 6% administrative fee. The PEO may not withhold or offset the rebate payment, regardless of what the service contract says. There will be no rebate for premiums paid to a self-insured PEO. We recommend that you immediately contact your PEO to discuss to avoid any misunderstandings.

You will receive a 1099, reporting the rebate as income, if the rebate exceeds $600.

Please contact us if there be any question.

Coming, this December: ELD for All.

Coming, this December: ELD for All.

The FMCSA has implemented the ELD Rule, which requires all interstate & hazmat motor carriers who are required to keep logs (RODS), to convert to compliant ELDs by December 17, 2017. If you are currently using an AOBRD, you will need to replace it with a compliant ELD by December 16, 2019.

Implementation Deadline: December 17, 2017
Automatic On-Board Recording Device Replacement by December 16, 2019.

Text of the Final Rule.

ELD Rule Exceptions

The following are not required to use ELDs (but carriers may choose to use ELDs even if they are not required):

  • Drivers who use paper logs no more than 8 days during any 30-day period.
  • Driveaway-towaway drivers (transporting an empty vehicle for sale, lease, or repair).
  • Drivers of vehicles manufactured before model year 2000.

ELD Harassment Protection
Prohibits action by a motor carrier toward a driver that would result in an HOS violation, involving an ELD.

Harassment may be tacked on to an underlying HOS violation penalty.

Does not require adverse action.

Compare to the Driver Coercion Rule, which prohibits coercion, even mere threats of adverse employment action, of a driver to violate the FMCSRs, over the driver’s objection. Applies to motor carrier employer, brokers, shippers, receivers, and others who may coerce a driver, over an expressed objection to a perceived safety violation. 49 U.S.C. 31105.

Company Policies & Training
When implementing ELDs, you should review the Driver Safety Manual and other company policies to ensure compatibility with using an ELD and compliance with the ELD Harassment Protection rule.

  • What policies influence how Drivers will be able to accept/reject log edits from the safety department?
  • How will log auditing be handled?
  • How will unassigned driving time be reconciled?
  • How will tampering with the ELD be handled?
  • Do drivers know how to handle a roadside inspection?

The FDA is now regulating the transportation of food, under the Food Safety Modernization Act.

21 C.F.R. § 1 subpart O and 21 C.F.R. § 11 (electronic records).
Statutory Authority: 15 U.S.C. § 1333, et seq. 19 U.S.C. §1490-91; 21 U.S.C. § 321, et seq.42 U.S.C. § 262

Who is covered? Shippers, receivers, loaders, and carriers who transport food. § 1.900(a).

Who is exempt? Farms (b)(3), food completely enclosed by a container that does not require temperature control for safety (§1.906), food that will not be sold or consumed in the United States (b)(1-2), food contact substances, human food byproducts transported for use as animal food without further processing (§1.906), transportation of live food animals (except molluscan shellfish) (§1.906). § 1.900(b).

What equipment is covered? All equipment used in food transportation operations, specifically: bulk and non-bulk containers, bins, totes, pallets, pumps, fittings, hoses, gaskets, loading/unloading systems, detached railcar, and detached trailer. §1.906.

Equipment requirements? Equipment must be designed, suitable for, and adequately cleanable for the safe transportation of food. §1.906(a). Must be maintained in a sanitary condition to prevent the food under transport from becoming unsafe. §1.906(b). Must provide adequate temperature control to prevent the food from becoming unsafe. §1.906(c). Must be stored to prevent pests or other contaminant. §1.906(d).

Basic obligations?

Shippers. §1.908(b). Maintain and follow written procedures to ensure the sanitary transportation of food. These procedures may be determined by the shipper. The shipper must notify the carrier in writing of the operating temperature and pre-cooling phase, if necessary.

Loaders. §1.908(c). Before loading food, determine that the vehicle and equipment is in appropriate sanitary condition. Before loading food that requires temperature control, determine that the cold storage compartment is adequately pre-cooled, and sanitary.

Carriers. §1.908(d). If the Carrier and Shipper have a written agreement assigning responsibility for sanitary conditions to the carrier: (1) the carrier must ensure the vehicles meet the shipper’s specifications and are appropriate for safe transportation, (2) provide operating temperature data during transportation to the shipper or receiver, upon request. Temperature data can be constant logging, or simply measurements taken upon loading and unloading, (3) pre-cool the refrigerated storage compartment, (4) if requested by shipper, identify the previous cargo transported in any bulk container, (5) if requested by shipper, identify the most recent cleaning of a bulk container, (6) develop and implement written procedures for the following: cleaning, sanitizing, & inspecting transportation equipment, as well as how it will comply with temperature controls and requests for information about bulk containers.

All covered entities. §1.908(a). Possible failure of sanitary controls? In the event of any possible material failure of temperature control or other sanitary controls, all covered entities are required to take appropriate action, which should include prompt notification and supporting documentation, to prevent the sale or distribution of such food, unless a determination is made by a qualified individual the food is safe. §1.908(a)(6).

Can duties and obligations be assigned? Yes, by written agreement, any party may assign its responsibilities to another party. §1.908(a). The written agreement must be stored in compliance with §1.912(e).

Training. §1.910. If the Carrier and Shipper have a written agreement assigning responsibility for sanitary conditions to the carrier, the carrier must provide adequate training to personnel engaged in transportation operations that provides an awareness of potential food safety problems during transportation, basic sanitary transportation practices, and the responsibilities of the carrier. The training must be documented, including the date of the training, type of training, and persons trained.

Records. §1.912.

Shippers: (a) Written agreements and procedures with carriers, specifications & operating temperatures provided to carriers – 12 months beyond termination of the agreement with the carrier.

Carriers: (b) Written procedures – 12 months beyond when the agreements and procedures cease being used in transportation operations. Training records must be kept for 12 months beyond when such employee stops performing related duties.

Carrier To Do List

  1. Establish a training program for all drivers, loaders, and others responsible for the sanitary transportation of food.
  2. Establish written procedures for the cleaning, sanitizing, & inspecting transportation equipment, as well as how it will comply with temperature controls and requests for information about bulk containers.
  3. Review written agreements with shippers of food.
  4. Review records retention policies to ensure all required records are kept for at least 12 months beyond their useful life, such as termination of the shipper agreement, or separation of employment.

Sample Training Program

TransCert: FDA FSMA Required Training for All Carrier Personnel Engaged in Food Transportation Operations: No Exam ($50). (link)

Course 1:  Responsibilities of the Carrier Under the Final Rules (1 hour)

Session 1 covers the Final Rules on the Sanitary Transportation of Human and Animal Foods (now law) as published by the Food and Drug Administration under the Food Safety Modernization Act (FSMA).

Learning objectives:

  • Understand US FDA FSMA Law for the Sanitary Transportation of Human and Animal Foods
  • Understand changes from the proposed FDA FSMA rules
  • Know the different requirements for shippers, carriers and receivers
  • Know who is exempted
  • Understand the FDA waiver requirements

Course 2:  Awareness of Potential Food Safety Problems That May Occur During Transportation

This session covers bacteria, chemical and physical hazards, preventive control of hazards that can impact food during food load, unload and transportation operations; prevention versus corrective action, misuse of disinfectants and sanitizers, not cleaning bins, trays, pallets and other tools and equipment used in carrier operations, cross contamination, employee personnel hygiene, temperature variation; vehicle, container and trailer traceability and reporting systems, reefer failures, lack of container maintenance, improper or missing container security systems, accidents, recalls

Learning objectives:

  • Understand basic bacterial, chemical and physical hazards
  • Know what prevention means
  • Know how tools and equipment, pallets, trays, bins, gaskets, hoses, load and unload systems, vehicles, containers and trailers can contaminate foods
  • Understand the impact of temperature variation on food safety and food quality
  • Know what conditions occur in transportation operations that may cause bacterial growth
  • Be able to prevent cross contamination
  • Know what missing records can mean
  • Know what action to take if a reefer fails or a container is out of acceptable maintenance condition
  • Understand accident protocols
  • Be able to participate in recalls

Course 3:  Basic Sanitary Transportation Practices to Address Food Transportation Sanitation Problems

Course includes contracts of carriage and agreements; system assessment strategy; flowcharting your operations, establishing critical parameters and measurement; standards for management, validation of preventive controls, sanitation, temperature monitoring and container (vehicles, trailers and shipping containers), traceability and training; procedures, record keeping and retention; audit and certification, training, wash, ATP and bacteria testing, inspection and re-inspection requirements, calibration, MSDS, statistical analysis and records retention.

Learning objectives:

  • Develop a contract of carriage and other agreements required between carriers and shippers
  • Understand basic management, preventive control, sanitation, temperature monitoring and traceability and training standards
  • Help to write and implement appropriate container procedures (truck, trailer, sanitation, testing, container traceability and temperature monitoring)
  • Learn to keep appropriate records
  • Understand the transportation food safety audit and certification process
  • Help to establish preventive controls
  • Understand how to collect, analyze and take preventive action using statistical data

Attorney Profiles

L. Christopher Bobbitt

Mr. Bobbitt concentrates his practice on the representation of businesses, particularly those engaged in the transportation industry. Specific practice areas include workers’ compensation, corporate and business law, commercial transactions, real estate, insurance, labor and employment law, estate and succession planning, taxation and civil litigation. His transportation practice includes structuring and restructuring transportation businesses, drafting and reviewing contracts for carriers and shippers, managing owner operator issues, handling cargo claims, assisting with USDOT safety rule compliance and defending against USDOT audits and civil penalties.

Mr. Bobbitt received his B.A. from Bethany College in 1988, where he majored in Public Policy with a minor in Management, and received his J.D. from The Ohio State University College of Law in 1991. He is admitted to practice before all courts in the State of Ohio and before the United States District Court for the Southern and Northern Districts of Ohio, the Sixth Circuit Court of Appeals, United States Tax Court and United States Supreme Court. He is a member of the Columbus Bar Association and the Ohio State Bar Association as well as several industry groups, including the Transportation Lawyers Association, The Association of Transportation Law Professionals, the Ohio Trucking Association for which he serves as a trustee and the Columbus Regional Air Cargo Association for which he serves as a director.

Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A.
2515 West Granville Road
Columbus, Ohio 43235
Phone (614) 889-2531 ext. 120
Fax (614) 889-1442
cbobbitt@sbdblaw.com

Hamlin C. King

Mr. King concentrates his practice on tax planning, tax disputes, business succession planning, estate planning, probate and corporate law.

Mr. King is Certified as a Specialist in Probate and Estate Planning by the Ohio State Bar Association. He holds an LL.M. in Taxation, as well as a Master of Science in Public Administration and a Master of Arts in philosophy. He is a Certified Public Accountant (inactive) and a member of the Ohio and Florida Bars. He is a former Adjunct Professor of Law in the Graduate Tax Program at Capital Law School, where he taught Advanced Estate and Gift Tax. He is a frequent lecturer on tax topics and is the author of nine nationally published articles, three law journal articles and three articles in the Ohio Lawyer on estate planning. He is past Chair of the Ohio State Bar Association Federal Taxation Committee and a past Chair and present member of the Federal Tax Specialization Committee of the Ohio State Bar Association. He is past Chair of the Business Tax Subcommittee of the Columbus Bar Association. He is a former co-chair of the Columbus Tax Conference.

Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A.
2515 West Granville Road
Columbus, Ohio 43235
Phone (614) 889-2531 ext. 150
Fax (614) 889-1442
hking@sbdblaw.com

Bryan M. Griffith

Mr. Griffith focuses his practice on the representation of businesses and business owners in litigation, dispute resolution, business formation, transactional matters, and employment defense.

Mr. Griffith received his B.S.B.A. from The Ohio State University Fisher College of Business in 2006, where he focused on issues of economics in business. He received his J.D. from The Ohio State University Moritz College of Law in 2009. He is admitted to practice before all state courts in Ohio, the United States Federal Court for the Southern District of Ohio, the United States Federal Court for the Northern District of Ohio, and the United States Tax Court. He is a member of the Ohio State Bar Association, Transportation Lawyers Association, Ohio Trucking Association, Columbus Bar Association, the Defense Research Institute, and The Chief Justice Thomas J. Moyer American Inns of Court. Mr. Griffith is a member of the board of directors, and Communications Chair, of The Rotary Club of Dublin-Worthington.

Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A.
2515 West Granville Road
Columbus, Ohio 43235
Phone (614) 889-2531 ext. 140
Fax (614) 889-1442
bgriffith@sbdblaw.com

 

Fiscal Year 2016 BWC Rebate

the Ohio Bureau of Workers’ Compensation has announced a significant rebate of premiums to Ohio employers that will be paid in July based upon premiums paid for the policy period of July 1, 2015 through June 30, 2016, if the proposal is approved by the BWC Board of Directors at its meeting April 28, 2017. The rebate amount will equal 66% of the premiums paid for the policy period. If you participate in the group retrospective rating program, you will receive your rebate after the premium calculation in October. Please carefully review the requirements below, and contact our office if you would like any assistance ensuring you qualify and are eligible for the rebate.

You must act now to ensure you are eligible to receive the rebate. In order to qualify, each of the following must be true:

  1.  For some portion of the policy period (July 2015 – June 2016), you participated in the state insurance fund. If you, or your PEO, were self-insured for a portion of the, but not the entire, policy period, you will still be eligible.
  2.  You reported payroll,greater than zero, for the policy period;
  3.    You were billed workers’ comp premiumsfor the policy period;
  4.  Before June 2, 2017, you must have completed reporting and premium reconciliationfor the policy period. This means you must have paid all premiums due for this policy period;
  5.  On June 2, 2017, your, and your PEO’s, workers’ compensation accounts are active. This means you have not closed your account, and your premiums are paid through this date. You may also qualify if your account status is reinstated, combined, or debtor-in-possession; and
  6.  Your tax identification number (“TIN or EIN”) is on file with the BWC.

If you used a PEO (“professional employer organization”), for any portion of the July 1, 2015 through June 30, 2016, policy period, that portion of your rebate, for premiums paid through the PEO, will be paid to the PEO. If you entered into or exited a PEO relationship during the policy period, you may also qualify for a direct rebate. The PEO is required to provide you with notice of the rebate, and, within 30 days, forward to you the rebate, less a 6% administrative fee. The PEO may not withhold or offset the rebate payment, regardless of what the service contract says. There will be no rebate for premiums paid to a self-insured PEO. We recommend that you immediately contact your PEO to discuss to avoid any misunderstandings.

You will receive a 1099, reporting the rebate as income, if the rebate exceeds $600.

Please contact us if there be any question.

Coming, this December: ELD for All.

The FMCSA has implemented the ELD Rule, which requires all interstate & hazmat motor carriers who are required to keep logs (RODS), to convert to compliant ELDs by December 17, 2017. If you are currently using an AOBRD, you will need to replace it with a compliant ELD by December 16, 2019.

Implementation Deadline: December 17, 2017
Automatic On-Board Recording Device Replacement by December 16, 2019.

Text of the Final Rule.

ELD Rule Exceptions

The following are not required to use ELDs (but carriers may choose to use ELDs even if they are not required):

  • Drivers who use paper logs no more than 8 days during any 30-day period.
  • Driveaway-towaway drivers (transporting an empty vehicle for sale, lease, or repair).
  • Drivers of vehicles manufactured before model year 2000.

ELD Harassment Protection
Prohibits action by a motor carrier toward a driver that would result in an HOS violation, involving an ELD.

Harassment may be tacked on to an underlying HOS violation penalty.

Does not require adverse action.

Compare to the Driver Coercion Rule, which prohibits coercion, even mere threats of adverse employment action, of a driver to violate the FMCSRs, over the driver’s objection. Applies to motor carrier employer, brokers, shippers, receivers, and others who may coerce a driver, over an expressed objection to a perceived safety violation. 49 U.S.C. 31105.

Company Policies & Training
When implementing ELDs, you should review the Driver Safety Manual and other company policies to ensure compatibility with using an ELD and compliance with the ELD Harassment Protection rule.

  • What policies influence how Drivers will be able to accept/reject log edits from the safety department?
  • How will log auditing be handled?
  • How will unassigned driving time be reconciled?
  • How will tampering with the ELD be handled?
  • Do drivers know how to handle a roadside inspection?

The FDA is now regulating the transportation of food, under the Food Safety Modernization Act.

21 C.F.R. § 1 subpart O and 21 C.F.R. § 11 (electronic records).
Statutory Authority: 15 U.S.C. § 1333, et seq. 19 U.S.C. §1490-91; 21 U.S.C. § 321, et seq.42 U.S.C. § 262

Who is covered? Shippers, receivers, loaders, and carriers who transport food. § 1.900(a).

Who is exempt? Farms (b)(3), food completely enclosed by a container that does not require temperature control for safety (§1.906), food that will not be sold or consumed in the United States (b)(1-2), food contact substances, human food byproducts transported for use as animal food without further processing (§1.906), transportation of live food animals (except molluscan shellfish) (§1.906). § 1.900(b).

What equipment is covered? All equipment used in food transportation operations, specifically: bulk and non-bulk containers, bins, totes, pallets, pumps, fittings, hoses, gaskets, loading/unloading systems, detached railcar, and detached trailer. §1.906.

Equipment requirements? Equipment must be designed, suitable for, and adequately cleanable for the safe transportation of food. §1.906(a). Must be maintained in a sanitary condition to prevent the food under transport from becoming unsafe. §1.906(b). Must provide adequate temperature control to prevent the food from becoming unsafe. §1.906(c). Must be stored to prevent pests or other contaminant. §1.906(d).

Basic obligations?

Shippers. §1.908(b). Maintain and follow written procedures to ensure the sanitary transportation of food. These procedures may be determined by the shipper. The shipper must notify the carrier in writing of the operating temperature and pre-cooling phase, if necessary.

Loaders. §1.908(c). Before loading food, determine that the vehicle and equipment is in appropriate sanitary condition. Before loading food that requires temperature control, determine that the cold storage compartment is adequately pre-cooled, and sanitary.

Carriers. §1.908(d). If the Carrier and Shipper have a written agreement assigning responsibility for sanitary conditions to the carrier: (1) the carrier must ensure the vehicles meet the shipper’s specifications and are appropriate for safe transportation, (2) provide operating temperature data during transportation to the shipper or receiver, upon request. Temperature data can be constant logging, or simply measurements taken upon loading and unloading, (3) pre-cool the refrigerated storage compartment, (4) if requested by shipper, identify the previous cargo transported in any bulk container, (5) if requested by shipper, identify the most recent cleaning of a bulk container, (6) develop and implement written procedures for the following: cleaning, sanitizing, & inspecting transportation equipment, as well as how it will comply with temperature controls and requests for information about bulk containers.

All covered entities. §1.908(a). Possible failure of sanitary controls? In the event of any possible material failure of temperature control or other sanitary controls, all covered entities are required to take appropriate action, which should include prompt notification and supporting documentation, to prevent the sale or distribution of such food, unless a determination is made by a qualified individual the food is safe. §1.908(a)(6).

Can duties and obligations be assigned? Yes, by written agreement, any party may assign its responsibilities to another party. §1.908(a). The written agreement must be stored in compliance with §1.912(e).

Training. §1.910. If the Carrier and Shipper have a written agreement assigning responsibility for sanitary conditions to the carrier, the carrier must provide adequate training to personnel engaged in transportation operations that provides an awareness of potential food safety problems during transportation, basic sanitary transportation practices, and the responsibilities of the carrier. The training must be documented, including the date of the training, type of training, and persons trained.

Records. §1.912.

Shippers: (a) Written agreements and procedures with carriers, specifications & operating temperatures provided to carriers – 12 months beyond termination of the agreement with the carrier.

Carriers: (b) Written procedures – 12 months beyond when the agreements and procedures cease being used in transportation operations. Training records must be kept for 12 months beyond when such employee stops performing related duties.

Carrier To Do List

  1. Establish a training program for all drivers, loaders, and others responsible for the sanitary transportation of food.
  2. Establish written procedures for the cleaning, sanitizing, & inspecting transportation equipment, as well as how it will comply with temperature controls and requests for information about bulk containers.
  3. Review written agreements with shippers of food.
  4. Review records retention policies to ensure all required records are kept for at least 12 months beyond their useful life, such as termination of the shipper agreement, or separation of employment.

Sample Training Program

TransCert: FDA FSMA Required Training for All Carrier Personnel Engaged in Food Transportation Operations: No Exam ($50). (link)

Course 1:  Responsibilities of the Carrier Under the Final Rules (1 hour)

Session 1 covers the Final Rules on the Sanitary Transportation of Human and Animal Foods (now law) as published by the Food and Drug Administration under the Food Safety Modernization Act (FSMA).

Learning objectives:

  • Understand US FDA FSMA Law for the Sanitary Transportation of Human and Animal Foods
  • Understand changes from the proposed FDA FSMA rules
  • Know the different requirements for shippers, carriers and receivers
  • Know who is exempted
  • Understand the FDA waiver requirements

Course 2:  Awareness of Potential Food Safety Problems That May Occur During Transportation

This session covers bacteria, chemical and physical hazards, preventive control of hazards that can impact food during food load, unload and transportation operations; prevention versus corrective action, misuse of disinfectants and sanitizers, not cleaning bins, trays, pallets and other tools and equipment used in carrier operations, cross contamination, employee personnel hygiene, temperature variation; vehicle, container and trailer traceability and reporting systems, reefer failures, lack of container maintenance, improper or missing container security systems, accidents, recalls

Learning objectives:

  • Understand basic bacterial, chemical and physical hazards
  • Know what prevention means
  • Know how tools and equipment, pallets, trays, bins, gaskets, hoses, load and unload systems, vehicles, containers and trailers can contaminate foods
  • Understand the impact of temperature variation on food safety and food quality
  • Know what conditions occur in transportation operations that may cause bacterial growth
  • Be able to prevent cross contamination
  • Know what missing records can mean
  • Know what action to take if a reefer fails or a container is out of acceptable maintenance condition
  • Understand accident protocols
  • Be able to participate in recalls

Course 3:  Basic Sanitary Transportation Practices to Address Food Transportation Sanitation Problems

Course includes contracts of carriage and agreements; system assessment strategy; flowcharting your operations, establishing critical parameters and measurement; standards for management, validation of preventive controls, sanitation, temperature monitoring and container (vehicles, trailers and shipping containers), traceability and training; procedures, record keeping and retention; audit and certification, training, wash, ATP and bacteria testing, inspection and re-inspection requirements, calibration, MSDS, statistical analysis and records retention.

Learning objectives:

  • Develop a contract of carriage and other agreements required between carriers and shippers
  • Understand basic management, preventive control, sanitation, temperature monitoring and traceability and training standards
  • Help to write and implement appropriate container procedures (truck, trailer, sanitation, testing, container traceability and temperature monitoring)
  • Learn to keep appropriate records
  • Understand the transportation food safety audit and certification process
  • Help to establish preventive controls
  • Understand how to collect, analyze and take preventive action using statistical data

Contact Us

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Our address is:

Sanborn, Brandon, Duvall & Bobbitt Co., L.P.A.
2515 West Granville Road
Columbus, Ohio 43235
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Phone (614) 889-2531
Fax (614) 889-1442

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