OPMCA Connection
Keeping You Informed!


OPMCA Connection keeps you informed and current on regulations from all state and national agencies as well as laws pertaining to the petroleum marketing/c-store industry.
OPMCA STAFF

Candace McGinnis
Executive Director  
Candace@opmca4you.com 

Hannah May
Director of Member Services  
Hannah@opmca4you.com

OPMCA  
6420 N. Santa Fe, Suite B
Oklahoma City, OK 73116
Phone: (405) 842-6625 
(800) 256-5013 
Fax: (405) 842-9562
2019-2020 Board of Directors

Jerry Davidson, Chairman  
 Pete's Corporation

Tommy Shreffler
OnCue Marketing, LLC

Teresa Hollenbeck
Red Rock Distributing Company

Kurtis Hutchinson
Hutchinson Oil Company

Jason Flinn
Flowers Oil Company

Rob Toth
Coffeyville Resource
2020 OPMCA Annual Business Meeting
Virtual Meeting via Zoom
Wednesday, June 24, 2020
11am-12 pm
Please join us for the 2020 OPMCA Annual Business Meeting held on Wednesday, June 24, 2020 at 11 am. Due to the current circumstance, we will be holding the Annual Business Meeting virtually via Zoom! Once you have registered, you then receive a confirmation email with all of the meeting information. We hope you can join us!
2020 Fall Outing Registration Now Open!
We are excited to get the OPMCA membership together for the 2020 Fall Outing hosted at the Shangri-La Golf Club and Resort located on Grand Lake! Members will once again enjoy two days of golfing, dinner and reception and a two-hour yacht charter. We have a special celebration planned to honor our incoming chairman Kurtis Hutchinson as well!

We hope you can join us in September!
Click Here to View all PMAA Coronavirus Related Resources for Petroleum Marketers Including all Regulatory Reports
Monday, June 15, 2020
  • Free Cloth Masks for OPMCA Members!

  • Last Chance to Advertise in the 2020-21 OPMCA Directory

  • FMCSA Issues Waiver Expanding Drug Testing Exception for Furloughed Drivers

  • Reminder: Regulatory Compliance Bulletin Reminder: Annual Hazmat Transportation Registration Renewal Deadline is July 1, 2020

  • FMCSA to Increase Remote Electronic Motor Carrier Safety Audit Capabilities

  • DOL Releases Final Fluctuating Workweek Method of Computing Overtime Rule

  • Graphic Warning Label Requirement for Cigarette Packaging to be Delayed

  • Short-Haul Driver Hours of Service Amendments Effective September 29, 2020

  • API Publishes New Recommended Practice 1637

  • FMCSA DRIVER HOURS OF SERVICE WAIVER ENDS JUNE 14, 2020

  • Federated Insurance Complimentary Webinar
Free Cloth Masks for OPMCA Members!
OPMCA has received 3,000 cloth masks from the Department of Energy to distribute to our members and their employees for FREE! If you are interested, you MUST fill out the order form and return to Hannah at Hannah@opmca4you.com to receive the masks. Due to only having a limited amount, it is first come first served. We do ask that you please be considerate in the amount you order!

If you are interested, please click HERE to fill out the form.
Last Chance to Advertise in the 2020-21 OPMCA Directory
OPMCA's Membership Directory is wrapping up soon! Our publisher, E&M Consulting is in the final stages of putting the directory together, but there is still time to advertise! Attached you will find the rate card with various advertising options. If you have any interest, please get in contact with E&M Consulting or Candace right away. Please don't hesitate to call if you have any questions at all. As always, your support of OPMCA is greatly appreciated!
FMCSA Issues Waiver Expanding Drug Testing Exception for Furloughed Drivers
The Federal Motor Carrier Safety Administration (FMCSA) announced last week a waiver extending from 30 days to 90 days, the period under which drivers qualify for pre-employment testing exception under FMCSA regulations. This is good news for petroleum marketers and heating fuel dealers who furloughed drivers due to the COVID-19 emergency because it will reduce or eliminate altogether the number of pre-employment drug tests required for returning drivers.

Ordinarily, CDL drivers and other employees subject to FMCSA drug testing who have been removed from the random drug testing pool for more than 30 days due to furloughs, lay-offs or other periods of unemployment, must undergo pre-employment, controlled substance testing before returning to work. However, an exception under 49 CFR 382.301(b) allows an employer to forgo the pre-employment test if the driver:

  • Participated in a controlled substances test program within the previous 30 days; and,

  • (i) Was tested for controlled substances within the past 6 months, or

  • (ii) Participated in the random controlled substances testing program for the previous 12 months, and

  • The employer is also required to ensure that no prior employer of the driver has records of a violation drug and alcohol testing requirements within the previous six months.

The FMCSA waiver extends from 30 days to 90 days, the period under which drivers qualify for the pre-employment testing exception. In other words, the waiver allows employers to forego pre-employment testing for drivers who have participated in an approved controlled substances testing program within the previous 90 days of hire or rehire. The waiver begins on June 5, 2020 at midnight and ends at 11:59 pm September 30, 2020.

The FMCSA said that allowing employers to forego pre-employment testing for drivers who participated in a controlled substance testing program within the previous 90 days will provide relief from the administrative and cost burdens associated with administering tests and return drivers to the workforce in a more rapid and efficient manner.

It is important to note that the waiver does not alter any of the remaining controlled substances and alcohol use and testing requirements for drivers or employer’s responsibility to submit driver-specific drug and alcohol violation information through the Drug and Alcohol Clearinghouse.

A copy of the FMCSA waiver can be downloaded here.

PMAA Staff Contact: Mark S. Morgan Regulatory Counsel mmorgan@pmaa.org

Reminder: Regulatory Compliance Bulletin Reminder: Annual Hazmat Transportation Registration Renewal Deadline is July 1, 2020
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) requires both hazardous material transporters and those who offer hazardous materials to common carriers for shipment to register and pay a fee each year in return for a certificate of authority to operate in both intrastate and interstate commerce. However, since multiyear registrations are allowed, not all certificates are up for renewal on July 1, 2020. Marketers should look at their registration certificate for the date of renewal or search registration status at PHMSA’s online website (provided in the full regulatory report link below) to determine registration renewal year. All expiring registrations must be filed by the July 1, 2020 deadline to maintain operating authority to haul hazardous materials (petroleum products). Failure to do so will also result in a substantial fine. HAZMAT registration certificates are routinely checked by enforcement authorities at roadside inspections. Any vehicle without a current HAZMAT registration will be pulled out of service and the company will lose operating authority until registration is brought up to date.
Click here for the full regulatory report.


FMCSA to Increase Remote Electronic Motor Carrier Safety Audit Capabilities
The Federal Motor Carrier Safety Administration (FMCSA) has announced plans to expand the agency’s use of remote motor carrier compliance safety reviews (audits) for the duration of COVID-19 public health emergency. The guidance is important to petroleum marketers and heating fuel dealers because the frequency of safety compliance audits is likely to pick up. Audits have a direct impact on a carrier’s safety rating and ability to continue operations. The FMCSA may conduct audits at any time for any reason. However, a compliance review is more likely to be triggered by a vehicle accident, roadside inspection out of service order for a driver or vehicle, a complaint, or some other safety related violation. The FMCSA has been unable to conduct on-site safety reviews since the declaration of national emergency in March. Audits are conducted by federal, state or local enforcement officials.
During an audit, enforcement authorities review the following records electronically:

  • Drivers’ hours of service
  • Maintenance and inspection
  • Driver qualification
  • Commercial drivers’ license requirements
  • Financial responsibility
  • Accidents
  • Hazardous materials
  • Drug and alcohol testing records, and
  • Other safety and transportation records

The audits are used to determine which of the three safety rating classifications a carrier falls within – satisfactory, conditional or unsatisfactory. Audits may also result in enforcement actions including out of service orders. A FMCSA Q&A on electronic audits and safety rating fitness determinations can be found here . The FMCSA guidance document on remote audits can be found here .

DOL Releases Final Fluctuating Workweek Method of Computing Overtime Rule
The Department of Labor (DOL) recently released a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act (FLSA).
“This final rule offers another example of how the U.S. Department of Labor is working to reduce unnecessary regulatory burdens in order to benefit American workers,” said U.S. Secretary of Labor Eugene Scalia. “Because of the clarity provided by this rule, employers will know they can pay workers’ bonuses in a broader range of circumstances.”
Click here for the summary.

Graphic Warning Label Requirement for Cigarette Packaging to be Delayed
Due to the effects of the ongoing health pandemic, a Texas federal judge has decided to delay the enforcement date upon which cigarette manufacturers are required to place graphic warning labels and images on cigarette packaging and advertisements that depict the lesser-known health risks associated with smoking cigarettes by 120 days from June 18, 2021, to October 16, 2021. Earlier this month, the FDA and several major cigarette manufacturers had requested that the court delay the enforcement date to October 16, 2021.
In March, the FDA issued a final rule to establish new cigarette health warnings for cigarette packaging and advertisements. The final rule implemented a provision of the federal Family Smoking Prevention and Tobacco Control Act that requires the FDA to issue a regulation mandating new text warning messages along with color graphics to replace the current Surgeon General cigarette warning labels.
Under the final rule, retailers are ultimately responsible for ensuring these graphic warning labels on cigarette packaging and advertisements are visible to customers in their stores.

Short-Haul Driver Hours of Service Amendments Effective September 29, 2020
The Federal Motor Carrier Safety Administration (FMCSA) published the final rule amending the CDL driver of hours of service (HOS) requirements on June 3rd. Publication of the final rule in the Federal Register sets the 120 day countdown to the effective date of the changes when petroleum marketers and heating fuel dealers with short haul drivers gain two additional hours of daily on-duty time. In addition, the rule lengthens the distance that short haul drivers can travel, from a 100 air-mile radius to 150 air-mile radius.
Both these originated amendments are effective September 29, 2020. Another amendment extending maximum daily 11 hour driving window by two hours during adverse weather conditions is also effective September 29, 2020. These amendments allow drivers who did not previously qualify for short-haul status, but stay within the new 150 air-mile limit, to discontinue the use of electronic devices to record driver HOS. Short-haul drivers are exempted from the requirement to record driver HOS. Instead, HOS for short haul drivers can be demonstrated by business records, primarily driver timecards or pay records.
PMAA sought these important HOS changes which can be found in a PMAA Today bulletin by clicking here.

API Publishes New Recommended Practice 1637
The American Petroleum institute (API) recently published the 4th edition of the API Recommended Practice (RP) 1637 Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals. The API Color-Symbol system uses a system of colors, symbols, and labels to identify transfer points and equipment for loading and unloading of petroleum fuels and related products to help prevent errors in product handling. API 1637 is specified by Handbook 130 and many state weights and measures codes as the color code system to be used.
The 4th edition of API 1637 is a significant update from the prior version. It incorporates the many fuel blends and biofuels that have been introduced to the market since the last version of this standard was published. This updated practice adds colors and symbols for 19 additional fuels including gasoline-ethanol blends, racing fuels, biodiesel, renewable diesel, biofuel oil, and Diesel Exhaust Fluid (DEF). Personnel who handle products should be familiar with this updated color-symbol system.
RP 1637 can be purchased from the API Publications Store.

FMCSA DRIVER HOURS OF SERVICE WAIVER ENDS JUNE 14, 2020
The Federal Motor Carrier Safety Administration (FMCSA) driver hours of service (HOS) emergency waiver that petroleum marketers and heating fuel dealers have been operating under during the COVID-19 emergency ends on June 14, 2020 at 11:59 PM. The HOS emergency waiver was first issued on March 13, 2020 and subsequently extended through June 14, 2020.

Federated Insurance Complimentary Webinar
Cannabis in the Workplace
When? Tuesday, June 16, 2020, 12:00 p.m. CT
60 minutes | Advance registration required

This is a two-part webinar.

This webinar will focus on the road from illegal to legal cannabis use and the challenges employers face in navigating state and federal laws in this fast-changing environment.

What you will learn:
• Specific examples, tips, and resources employers can use today
• Live question-and-answer period

In the second part, airing on 7/21/2020, we will cover safety sensitive employees, drug testing and drug policies.

Recommended Participants: 
HR Professionals, Risk Managers, Managers, and Supervisors