TRANSPORTATION INDUSTRY ASKS DOT TO PROMULGATE MANDATORY MASK REGULATION
July 31, 2020
On July 27, 2020, the Transportation Trades Department, AFL-CIO (TTD), including 33 of its affiliated unions, filed a petition for rulemaking, available here, with the U.S. Department of Transportation (DOT or the Department). The petition asks DOT to expeditiously promulgate regulations mandating the usage of masks or face coverings for passengers travelling with DOT-regulated commercial transportation providers during the course of the Presidential Declaration of Emergency for COVID-19. TTD believes that DOT has the broad authority to take this action to improve workforce health and safety to protect workers from dangerous health conditions such as COVID-19. TTD argues that the current patchwork of state and local requirements is insufficient to protect frontline transportation workers, as evidenced by the numerous cases of infections and deaths reported to TTD by its associated unions. TTD is also asking DOT to exercise its authority under Section 553(b)(3)(B) of the Administrative Procedure Act (APA), allowing DOT to suspend the normally required notice and comment period and proceed to an immediately effective Interim Final Rule. This order is set to expire on December 31, 2020, unless continued further.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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