PHMSA receives request for fed hazmat regs to preempt California’s break rules

Agency invites public comment

Posted September 2, 2016

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Public Notice and Invitation on August 30 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 it believes 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 45 days after the publication date of the notice in the Federal Register.

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