Protecting Transportation Workers and Passengers from COVID: Gaps in Safety, Lessons Learned (Hearing, 2021)
Summary
The printed record of a remote hearing (117-1) before the Committee on Transportation and Infrastructure, House of Representatives, dated February 4, 2021. The staff summary of subject matter states that Members will hear how the COVID-19 pandemic continues to impact the health, safety and working conditions of transportation industry workers. Opening statements are listed for Hon. Peter A. DeFazio, Chair, and Hon. Sam Graves, Ranking Member. Witnesses include Sara Nelson of the Association of Flight Attendants--CWA, AFL-CIO, Lewie Pugh of the Owner-Operator Independent Drivers Association and Ismael Rivera, a bus operator with Lynx.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Protecting Transportation Workers and Passengers from COVID: Gaps in Safety, Lessons Learned (Hearing, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/house-hearing-117th-congress-protecting-transportation-workers-and-pas-4a7bade286/
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[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
PROTECTING TRANSPORTATION WORKERS AND
PASSENGERS FROM COVID: GAPS IN SAFETY,
LESSONS LEARNED, AND NEXT STEPS
=======================================================================
(117-1)
REMOTE HEARING
BEFORE THE
COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
FEBRUARY 4, 2021
__________
Printed for the use of the
Committee on Transportation and Infrastructure
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online at: https://www.govinfo.gov/committee/house-
transportation?path=/browsecommittee/chamber/house/committee/
transportation
__________
U.S. GOVERNMENT PUBLISHING OFFICE
46-928 PDF WASHINGTON : 2022
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COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
PETER A. DeFAZIO, Oregon, Chair
SAM GRAVES, Missouri ELEANOR HOLMES NORTON,
DON YOUNG, Alaska District of Columbia
ERIC A. ``RICK'' CRAWFORD, Arkansas EDDIE BERNICE JOHNSON, Texas
BOB GIBBS, Ohio RICK LARSEN, Washington
DANIEL WEBSTER, Florida GRACE F. NAPOLITANO, California
THOMAS MASSIE, Kentucky STEVE COHEN, Tennessee
SCOTT PERRY, Pennsylvania ALBIO SIRES, New Jersey
RODNEY DAVIS, Illinois JOHN GARAMENDI, California
JOHN KATKO, New York HENRY C. ``HANK'' JOHNSON, Jr.,
BRIAN BABIN, Texas Georgia
GARRET GRAVES, Louisiana ANDRE CARSON, Indiana
DAVID ROUZER, North Carolina DINA TITUS, Nevada
MIKE BOST, Illinois SEAN PATRICK MALONEY, New York
RANDY K. WEBER, Sr., Texas JARED HUFFMAN, California
DOUG LaMALFA, California JULIA BROWNLEY, California
BRUCE WESTERMAN, Arkansas FREDERICA S. WILSON, Florida
BRIAN J. MAST, Florida DONALD M. PAYNE, Jr., New Jersey
MIKE GALLAGHER, Wisconsin ALAN S. LOWENTHAL, California
BRIAN K. FITZPATRICK, Pennsylvania MARK DeSAULNIER, California
JENNIFFER GONZALEZ-COLON, STEPHEN F. LYNCH, Massachusetts
Puerto Rico SALUD O. CARBAJAL, California
TROY BALDERSON, Ohio ANTHONY G. BROWN, Maryland
PETE STAUBER, Minnesota TOM MALINOWSKI, New Jersey
TIM BURCHETT, Tennessee GREG STANTON, Arizona
DUSTY JOHNSON, South Dakota COLIN Z. ALLRED, Texas
JEFFERSON VAN DREW, New Jersey SHARICE DAVIDS, Kansas, Vice Chair
MICHAEL GUEST, Mississippi JESUS G. ``CHUY'' GARCIA, Illinois
TROY E. NEHLS, Texas ANTONIO DELGADO, New York
NANCY MACE, South Carolina CHRIS PAPPAS, New Hampshire
NICOLE MALLIOTAKIS, New York CONOR LAMB, Pennsylvania
BETH VAN DUYNE, Texas SETH MOULTON, Massachusetts
CARLOS A. GIMENEZ, Florida JAKE AUCHINCLOSS, Massachusetts
MICHELLE STEEL, California CAROLYN BOURDEAUX, Georgia
KAIALI`I KAHELE, Hawaii
MARILYN STRICKLAND, Washington
NIKEMA WILLIAMS, Georgia
MARIE NEWMAN, Illinois
Vacancy
CONTENTS
Page
Summary of Subject Matter........................................ v
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Peter A. DeFazio, a Representative in Congress from the
State of Oregon, and Chair, Committee on Transportation and
Infrastructure:
Opening statement............................................ 1
Prepared statement........................................... 3
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Ranking Member, Committee on Transportation and
Infrastructure:
Opening statement............................................ 5
Prepared statement........................................... 6
WITNESSES
Professor David Michaels, Ph.D., MPH, Department of Environmental
and Occupational Health, Milken Institute School of Public
Health, The George Washington University:
Oral statement............................................... 7
Prepared statement........................................... 8
Sara Nelson, International President, Association of Flight
Attendants--CWA, AFL-CIO:
Oral statement............................................... 13
Prepared statement........................................... 15
Lewie Pugh, Executive Vice President, Owner-Operator Independent
Drivers Association:
Oral statement............................................... 21
Prepared statement........................................... 22
Ismael Rivera, Bus Operator, Lynx, and Member, Amalgamated
Transit Union Local 1596, Orlando, Florida:
Oral statement............................................... 29
Prepared statement........................................... 30
William P. Bahnfleth, Ph.D., P.E., FASHRAE, FASME, FISIAQ,
Professor of Architectural Engineering, The Pennsylvania State
University, testifying on behalf of his role as Chair, ASHRAE
Epidemic Task Force:
Oral statement............................................... 34
Prepared statement........................................... 36
Hon. Joe Buscaino, President Pro Tempore, Los Angeles City
Council, testifying on behalf of the National League of Cities:
Oral statement............................................... 40
Prepared statement........................................... 42
SUBMISSIONS FOR THE RECORD
Statement of the National Safety Council, Submitted for the
Record by Hon. Peter A. DeFazio................................ 48
Submissions for the Record by Hon. Garret Graves of Louisiana:
Letter of January 29, 2021, from Airlines for America et al.. 63
Letter from Mike Edwards, Director of Aviation, Baton Rouge
Metropolitan Airport....................................... 65
Letter of February 2, 2021, from David F. Adam, Chairman and CEO,
United States Maritime Alliance, Ltd. et al., Submitted for the
Record by Hon. Alan S. Lowenthal............................... 80
APPENDIX
Questions to Sara Nelson, International President, Association of
Flight Attendants--CWA, AFL-CIO, from:
Hon. Salud O. Carbajal....................................... 103
Hon. Seth Moulton............................................ 104
Questions from Hon. Seth Moulton to Ismael Rivera, Bus Operator,
Lynx, and Member, Amalgamated Transit Union Local 1596,
Orlando, Florida............................................... 105
Question from Hon. Salud O. Carbajal to Hon. Joe Buscaino,
President Pro Tempore, Los Angeles City Council, testifying on
behalf of the National League of Cities........................ 106
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 4, 2021
SUMMARY OF SUBJECT MATTER
TO: LMembers, Committee on Transportation and
Infrastructure
FROM: LStaff, Committee on Transportation and
Infrastructure
RE: LFull Committee Hearing on ``Protecting
Transportation Workers and Passengers from COVID: Gaps in
Safety, Lessons Learned and Next Steps''
_______________________________________________________________________
PURPOSE
The Committee on Transportation and Infrastructure
(Committee or T&I) will meet in 2167 Rayburn House Office
Building and via videoconferencing through a virtual platform
on Thursday, February 4, 2021, at 11:00 a.m. EST to further
examine the impacts of the COVID-19 crisis on transportation
workers and related issues within the Committee's jurisdiction.
At the hearing, Members will hear about how the COVID-19
pandemic continues to impact the health, safety, and working
conditions of transportation industry workers, about ongoing
gaps in safety, lessons learned, and next steps to protect
transportation workers and passengers from COVID-19. Testimony
will be provided by a public health expert, an air quality
expert, a city councilmember, the Association of Flight
Attendants--CWA, the Amalgamated Transit Union, and the Owner-
Operator Independent Drivers Association.
BACKGROUND
The COVID-19 pandemic continues to surge around the globe
and across our Nation, disrupting travel, affecting the
economy, and ravaging communities. Prior to the Committee's
hearing on this topic last Congress on June 9, 2020, COVID-19
had killed more than 90,000 Americans.\1\ As of early February,
this number stood at more than 400,000.\2\ Millions of front-
line transportation workers drive buses, operate ports, load
cargo on airplanes, and carry out a myriad of other tasks
necessary to ensuring the Nation's economy continues to
function.\3\ The federal government has made recommendations
for keeping these and other essential workers safe during the
pandemic, and employers have instituted some protections.\4\
The Centers for Disease Control (CDC) characterizes
transportation workers in the high-risk category of potential
infection and suggests they should be prioritized for expanded
testing to help prevent the ``silent spread'' of COVID-19 from
asymptomatic individuals.\5\
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\1\ CDC, Daily Updates of Totals by Week and State (last accessed
January 13, 2021), available at https://www.cdc.gov/nchs/nvss/vsrr/
COVID19/index.htm. (Note: T&I staff calculated this number by adding
the deaths reported on a weekly basis through May 30, 2020).
\2\ Johns Hopkins University & Medicine Coronavirus Resource Center
(last accessed January 25, 2021) available at https://
coronavirus.jhu.edu/.
\3\ Bureau of Transportation Statistics, ``Employment in
Transportation and Transportation-Related Occupations'' (last accessed
January 21, 2021) available at https://www.bts.gov/content/employment-
transportation-and-transportation-related-occupations. For example,
according to BTS data, 2019 employment in the following categories
totaled 5.02 million: air traffic controllers; bus drivers, transit and
intercity; passenger vehicle drivers, except bus drivers, transit and
intercity; subway and street car operators; flight attendants;
shipping, receiving, and traffic clerks; tank car, truck, and ship
loaders; first-line supervisors of transportation and material moving
workers, except aircraft cargo handling supervisors; rail yard
engineers, dinkey operators, and hostlers; captains, mates, and pilots
of water vessels; truck drivers, heavy and tractor-trailer; and truck
drivers, light or delivery services.
\4\ CDC, For Specific Industries and Occupations: Transportation
and Delivery (last accessed January 18, 2021), available at https://
www.cdc.gov/coronavirus/2019-ncov/community/workplaces-businesses/
specific-industries.html#transportation-delivery.
\5\ ``CDC Guidance for Expanded Screening Testing to Reduce Silent
Spread of SARS-CoV-2,'' Centers for Disease Control and Prevention
(CDC), Updated January 21, 2021, accessed here: https://www.cdc.gov/
coronavirus/2019-ncov/php/open-america/expanded-screening-testing.html.
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COVID-19 IMPACTS ON TRANSPORTATION SECTORS
The impact of COVID-19 on transportation workers and
passengers has been significant. Most transportation systems
were developed to move large numbers of people in relatively
small spaces, making some recommended protective measures such
as social distancing difficult.
AIRLINES/AIRPORTS
A recent study by researchers at Johns Hopkins University
correlated the number of COVID-19 cases and deaths to the
proximity of the infected individual to the nearest airport or
train station.\6\ The CDC have also shown the ability of the
virus to spread on commercial flights.\7\ One CDC analysis in
September 2020 found, for example, that a woman travelling from
London to Vietnam in March 2020 infected 15 other passengers on
the flight.\8\ The CDC pointed out that there were 16 crew
members and 201 passengers on this 10-hour flight.\9\ Other
studies have shown the potential for the spread of the COVID-19
virus during long duration plane flights as well.\10\
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\6\ Darrell J. Gaskin, et. al., ``Geographic Disparities in COVID-
19 Infections and Deaths: The Role of Transportation,'' Transport
Policy, [Received date: July 27, 2020; Accepted date: December 1,
2020], accessed here: https://reader.elsevier.com/reader/sd/pii/
S0967070X20309380?token=
77C31809717417AECF7EB996C471F8AA40E04F95468FA9CD5D7E78E6C420
FC7891DA99300D83A6B690677D1759F138E7.
\7\ Nathaniel Weixel, ``New study shows dangers of in-flight COVID-
19 transmission,'' The Hill, September 18, 2020, available at https://
thehill.com/policy/healthcare/517146-new-study-shows-dangers-of-in-
flight-covid-transmission.
\8\ Ibid.
\9\ CDC's Emerging Infectious Disease Journal, Volume 26, Number
11, ``Transmission of SARS-CoV 2 During Long-Haul Flight'' (November
2020). See: https://wwwnc.cdc.gov/eid/article/26/11/20-3299_article.
\10\ Benedict Carey, ``One 18-Hour Flight, Four Coronavirus
Infections,'' New York Times, January 7, 2021, available at https://
www.nytimes.com/2021/01/07/health/coronavirus-airline-passengers-
outbreak.html.
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In addition, air traffic controllers have been impacted by
COVID-19. Some air traffic control towers have been temporarily
shut down for cleaning, some multiple times, due to COVID-19
infections. For example, on January 10, 2021, the Washington
Air Route Traffic Control Center in Leesburg, Virginia, which
serves airspace in Washington, D.C., and surrounding areas,
closed for two hours after an employee there reported a
positive test for COVID-19.\11\ According to the Washington
Post, employees at the center have tested positive 13 times
since the start of the pandemic.\12\ Last month, Roll Call
reported that nearly 300 air traffic control centers nationwide
have been impacted by COVID-19 infections since the epidemic
began.\13\
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\11\ Ian Shapira, ``Air traffic control center in Leesburg closes
for two hours because of coronavirus,'' Washington Post (January 10,
2021) available at https://www.washingtonpost.com/local/leesburg-faa-
air-traffic-coronavirus/2021/01/10/f3394df8-536f-11eb-a08b-
f1381ef3d207_
story.html.
\12\ Id.
\13\ Jessica Wehrman, ``Flights delayed as FAA controllers test
positive for COVID-19,'' Roll Call, January 7, 2021, accessed here:
https://www.rollcall.com/2021/01/07/flights-delayed-as-faa-controllers-
test-positive-for-covid-19/.
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TRANSIT SYSTEMS
COVID-19 also poses challenges for the Nation's public
transportation agencies. The Amalgamated Transit Union (ATU),
which represents transportation workers including bus
operators, has lost more than 100 members due to COVID-19 since
the start of the pandemic.\14\ One study that investigated a
case of COVID-19 transmission on two buses in China early on in
the pandemic concluded, ``This outbreak on public
transportation vehicles highlighted the efficient transmission
of [COVID-19] in crowded and closed settings. . . . The closed
windows with running ventilation on the buses could have
created an ideal environment for aerosol transmission.'' \15\
The study recommended an ``open windows'' policy on public
transportation vehicles whenever possible and a reminder of the
importance to wear face masks.\16\ As discussed in more detail
below, transit agencies have taken a number of steps to reduce
crowding, improve ventilation, and ensure access to clean
vehicles and surfaces for passengers and workers.\17\
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\14\ ATU, ``Remember Our Fallen,'' (last accessed January 18,
2021), available at https://www.atu.org/remember-our-fallen
\15\ Kaiwei Luo, et. al., ``Transmission of SARS-CoV-2 in Public
Transportation Vehicles: A Case Study in Hunan Province, China,'' Open
Forum Infectious Diseases (Infectious Diseases Society of America),
published online September 13, 2020, accessed here: https://
www.ncbi.nlm.nih.gov/pmc/articles/PMC7543623/.
\16\ Kaiwei Luo, et. al., ``Transmission of SARS-CoV-2 in Public
Transportation Vehicles: A Case Study in Hunan Province, China,'' Open
Forum Infectious Diseases (Infectious Diseases Society of America),
published online September 13, 2020, accessed here: https://
www.ncbi.nlm.nih.gov/pmc/articles/PMC7543623/.
\17\ See for instance, ``Mandatory Directive: Public Transit,''
Santa Clara County, California, Public Health Department, Issued July
20, 2020, accessed here: https://www.sccgov.org/sites/covid19/
Documents/Mandatory-Directives-Public-Transit.pdf.
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MARITIME TRANSPORTATION
Cruise ships present a particularly difficult environment
to control the spread of COVID-19 and other infectious
diseases.\18\ In early 2020, hundreds of passengers and crews
on multiple cruise ships were infected with COVID-19.\19\ On
March 11, 2020, the World Health Organization (WHO) declared
COVID-19 a pandemic.\20\ An outbreak on the aircraft carrier
USS Theodore Roosevelt in March 2020 infected 1,271 sailors, 27
percent of the crew.\21\ The maritime industry has also
experienced COVID-19 infections, including recent outbreaks
among workers at the Ports of Los Angeles, Philadelphia, and
Charleston.\22\
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\18\ Hirohito Ito, et. al., ``The cruise industry and the COVID-19
outbreak,'' Transportation Research Interdisciplinary Perspectives, May
5, 2020, accessed here: https://www.ncbi.nlm.nih.gov/pmc/articles/
PMC7254010/.
\19\ ``Public Health Responses to COVID-19 Outbreaks on Cruise
Ships--Worldwide, February-March 2020,'' Morbidity and Mortality Weekly
Report (MMWR), Centers for Disease Control and Prevention (CDC), March
27, 2020, accessed here: https://www.cdc.gov/mmwr/volumes/69/wr/
mm6912e3.htm.
\20\ ``WHO characterizes COVID-19 as a pandemic,'' World Health
Organization (WHO), March 11, 2020, accessed here: https://www.who.int/
emergencies/diseases/novel-coronavirus-2019/events-as-they-happen.
\21\ Matthew R. Kasper, et. al., ``An Outbreak of Covid-19 on an
Aircraft Carrier,'' New England Journal of Medicine (NEJM), December
17, 2020, accessed here: https://www.nejm.org/doi/full/10.1056/
NEJMoa2019375?query=featured_home.
\22\ Pranshu Verma, `` `Very High Risk': Longshoremen Want
Protection From the Virus So They Can Stay on the Job,'' New York
Times, December 12, 2020, accessed here: https://www.nytimes.com/2020/
12/12/us/politics/coronavirus-longshoremen-ports.html.
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Following several high profile COVID-19 outbreaks on cruise
ships, including the Diamond Princess and Grand Princess, which
alone combined for more than 800 total COVID-19 cases,
including 10 deaths,\23\ the CDC issued a No Sail Order (NSO)
on March 14, 2020.\24\ The CDC subsequently modified and
extended the NSO through October 31, 2020. According to the New
York Times, however, the Trump Administration blocked an
extension through mid-February 2021 of CDC's NSO for cruise
ships, allowing ships to sail under certain conditions after
October 31, 2020. The cruise industry had already voluntarily
agreed not to sail prior to October 31, 2020, however.\25\ On
October 30, 2020, the CDC issued a detailed Framework for
Conditional Sailing order setting forth specific requirements
that cruises must meet in order to sail.\26\ Despite this, CDC
still officially ``recommends that all people avoid travel on
cruise ships, including river cruises, worldwide, because the
risk of COVID-19 on cruise ships is very high.'' \27\ Major
cruise lines operating out of U.S. waters have voluntarily
extended their no sail period through March 2021 and some,
including Carnival Cruise Lines, will not sail until at least
May 2021.\28\
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\23\ CDC Morbidity and Mortality Weekly Report (March 23, 2020)
available at https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e3.htm.
\24\ CDC, No Sail Order (March 14, 2020) available at https://
www.cdc.gov/quarantine/pdf/signed-manifest-order_031520.pdf.
\25\ Sheila Kaplan, ``White House Blocked C.D.C. Order to Keep
Cruise Ships Docked,'' New York Times (September 30, 2020), available
at https://www.nytimes.com/2020/09/30/health/covid-cruise-ships.html;
see also Jonathan Swan, ``Scoop: CDC Director overruled on cruise ship
ban,'' Axios (September 29, 2020), available at https://www.axios.com/
scoop-white-house-overruled-cdc-
cruise-ships-florida-91442136-1b8e-442e-a2a1-0b24e9a39fb6.html.
\26\ CDC, ``Quarantine and Isolation: Cruise Ship Guidance'' (last
updated October 30, 2020) available at https://www.cdc.gov/quarantine/
cruise/index.html.
\27\ CDC, ``Traveler's Health: COVID-19 and Cruise Ship Travel''
(last viewed January 19, 2021) available at https://wwwnc.cdc.gov/
travel/notices/covid-4/coronavirus-cruise-ship.
\28\ Brittany Chang, ``Several cruise trips have already been
cancelled this year. See when major cruise lines plan on operating
again,'' Business Insider, January 22, 2021, accessed here: https://
www.businessinsider.com/cruise-lines-2021-sailing-plans.
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TESTING
The CDC recommends increased testing, including for
individuals with a higher risk of exposure based on their
occupation, such as transportation workers who come into face-
to-face contact with the public.\29\ One of the considerations
for testing, according to the CDC, is: ``People who have taken
part in activities that put them at higher risk for COVID-19
because they cannot socially distance as needed, such as
travel, attending large social or mass gatherings, or being in
crowded indoor settings.'' \30\ Most transportation workers,
including bus operators and flight attendants, fall into this
category of workers who come into face-to-face contact with the
public.\31\ Despite the importance of testing, some localities
are continuing to experience challenges ensuring sufficient
testing capacity, marked by high demand, hard-to-come-by
appointments, and a lack of supplies and personnel.\32\ From
the start of the pandemic the Federal Government has followed a
policy that permitted state and local authorities to take the
lead on testing.\33\
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\29\ CDC, Summary of Guidance for Public Health Strategies to
Address High Levels of Community Transmission of SARS-CoV-2 and Related
Deaths (December 2020) available at https://www.cdc.gov/mmwr/volumes/
69/wr/mm6949e2.htm.
\30\ ``COVID-19 Testing Overview: Considerations for who should get
tested,'' Centers for Disease Control and Prevention (CDC), accessed
here: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/
testing.html.
\31\ CDC, Testing Strategy for Coronavirus (COVID-19) in High-
Density Critical Infrastructure Workplaces after a COVID-19 Case Is
Identified (last accessed January 13, 2021) available at https://
www.cdc.gov/coronavirus/2019-ncov/community/worker-safety-support/hd-
testing.html. Note that this guidance refers to essential workers being
in close contact with other workers, but it seems like it would apply
to workers in contact with others, i.e. passengers.
\32\ See for example The Boston Globe, COVID-19 Testing Remains a
Challenge; It Could Get Worse as Health Care Providers Juggle Vaccine
Rollout (January 7, 2021); Pittsburgh Tribune-Review, Allegheny County
Attributes Low Number of New COVID Cases to Limited Testing (December
28, 2020); Bangor Daily News, COVID Testing Challenges Loom with Winter
Weather and End of Federal Support (December 10, 2020).
\33\ Mike Stobbe and Matthew Perrone, ``Will the US ever have a
national COVID-19 testing strategy,'' Associated Press (AP), December
6, 2020, accessed here: https://apnews.com/article/will-us-national-
virus-testing-strategy-ceeda0ed971631f47666882eaef89a8e.
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CASE REPORTING
Case reporting and contact tracing have been touted as core
public health strategies for controlling and preventing the
spread of infectious diseases, including COVID-19.\34\ The
Collegium Ramazzini has emphasized the role of national
governments to protect high-risk workers from the COVID-19
epidemic.\35\
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\34\ Elizabeth Ruebush, MPH, et. al., ``COVID-19 Case Investigation
and Contact Tracing: Early Lessons Learned and Future Opportunities,''
Journal of Public Health Management & Practice, January/February 2021,
Volume 27, Number 1 Supplemental, accessed here: https://
journals.lww.com/jphmp/Fulltext/2021/01001/
COVID_19_Case_Investigation_and_
Contact_Tracing_.15.aspx.
\35\ The Collegium Ramazzini is an independent, international
society comprised of 180 physicians and scientists from 35 countries
whose mission is to increase scientific knowledge of the environmental
and occupational causes of disease with the goal of transmitting this
knowledge to decisions-makers and the global public to prevent disease,
promote health and save lives. ``24th Collegium Ramazzini statement.
Prevention of work-related infection in the COVID-19 pandemic,''
International Journal of Occupational Medicine and Environmental
Health, Online publication date May 19, 2020, accessed here: http://
ijomeh.eu/24th-Collegium-Ramazzini-statement-Prevention-of-work-
related-infection-in-the-COVID,122172,0,2.html.
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A scientific journal article published online in mid-
November 2020 by the American Journal of Industrial Medicine
highlighted the benefits of testing. The study examined 10,850
cases of COVID-19 in Washington State and found that those
employed in the transportation and infrastructure sectors were
among those workers highest at risk of COVID-19 infections.\36\
The study found that [n]onhealthcare occupations at the highest
risk of COVID-19 infection are dominated by workers who are
either in close direct contact with others, such as flight
attendants . . . or may be directly exposed to [COVID-19].''
\37\ The study noted that the CDC is now recommending the
collection of data on occupation and workplace during COVID-19
case interviews.\38\ Ultimately, the study concluded: ``More
comprehensive data is needed on the individual occupation
level, preferably across the entire United States, to fully
assess worker risk and direct protective measures tailored to
individual occupations.'' \39\
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\36\ Michael Zhang, MD, (University of Nevada, Las Vegas),
``Estimation of differential occupational risk of COVID-19 by comparing
risk factors with case data by occupational group,'' America Journal of
Industrial Medicine, published online November 18, 2020, accessed here:
https://onlinelibrary.wiley.com/doi/10.1002/ajim.23199.
\37\ Id.
\38\ Id.
\39\ Id.
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Last May, the President of the American College of
Occupational and Environmental Medicine (ACOEM) that represents
4,000 occupational medicine physicians and related health care
professions wrote to the CDC Director imploring him to improve
the CDC's efforts to gather workplace specific COVID-19
infection data which was largely limited to the healthcare
workforce.\40\ ``We urge you to take all feasible steps to
better understand the connection between COVID-19 and
occupational factors by gathering codable data on industry and
occupation in reported [COVID-19] cases.'' \41\ The ACOEM
president specifically cited ``public transportation'' workers
as one of those high-risk groups that were prone to
``occupational risks'' from COVID-19 infections.\42\
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\40\ Letter from Beth A. Baker, MD, President, American College of
Occupational and Environmental Medicine (ACOEM) to Dr. Robert R.
Redfield, Director, Centers for Disease Control and Prevention (CDC),
``SUBJECT: Inclusion of occupational data fields in COVID-19 case
reporting,'' May 20, 2020, accessed here: https://acoem.org/acoem/
media/PDF-Library/May-2020-letter-to-CDC.pdf.
\41\ Id.
\42\ Id.
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CONTACT TRACING
Contact tracing is a resource intensive exercise dependent
upon individuals with the right public health skills and access
to laboratory testing facilities.\43\ However, it has been
shown to be an effective measure to control the spread of
infectious diseases, including COVID-19.\44\ A study by
researchers at Harvard and Stanford Universities, using a
mathematical model, found that the most effective contact
tracing programs could reduce the overall transmissions of
COVID-19 infections by almost half.\45\ Yet, while the United
States has suffered nearly twice as many deaths as Brazil,\46\
with the second highest number of deaths in the world, and has
more than twice as many COVID-19 infections as India with the
second highest number of worldwide cases, during the last ten
months the United States did not have a cohesive federal
contact tracing program or plan.\47\ Instead, the Federal
Government has largely left COVID-19 contact tracing efforts up
to state and local officials.\48\ The CDC's own guidance says,
``State and local public health officials will decide how to
implement these activities and how to advise specific people,
or groups of people, to be tested.'' \49\
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\43\ ``COVID-19: Laboratory Capacity,'' Centers for Disease Control
and Prevention (CDC), accessed here: https://www.cdc.gov/coronavirus/
2019-ncov/php/open-america/laboratory.html
\44\ Matt J. Keeling, T. Deirdre Hollingsworth and Jonathan M.
Read, ``Efficacy of contact tracing for the containment of the 2019
novel coronavirus (COVID-19),'' Journal of Epidemiology and Community
Health, October 2020, accessed here: https://www.ncbi.nlm.nih.gov/pmc/
articles/
PMC7307459/
#::text=In%20general%2C%20contact%20tracing%20is,transmission%20from
%20the%20secondary%20cases.
\45\ Alyssa Bilinski, MS, Farzad Mostashari, MD and Joshua A.
Salomon, PhD, ``Modeling Contact Tracing Strategies for COVID-19 in the
Context of Relaxed Physical Distancing,'' JAMA Network Open (Research
Letter/Public Health), August 21, 2020, accessed here: https://
jamanetwork.com/journals/jamanetworkopen/fullarticle/2769618.
\46\ On January 17, 2021, the United States had 397,561 recorded
deaths from COVID-19 while Brazil had 209,847 recorded COVID-19 deaths
and the United States had 23,932,306 recorded COVID-19 cases followed
by India with 10,557,985 recorded COVID-19 cases. See, Johns Hopkins
University's ``COVID-19 Dashboard'' created by the Center for Systems
Science and Engineering (CSSE), accessed here: https://
coronavirus.jhu.edu/map.html.
\47\ Beth Duff-Brown, ``Model shows potential contact tracing
impact against COVID-19,'' News Center, Stanford University's School of
Medicine, August 24, 2020, accessed here: http://med.stanford.edu/news/
all-news/2020/08/model-shows-potential-contact-tracing-impact-against-
covid-19.html.
\48\ ``Contact Tracing for COVID-19,'' Centers for Disease Control
and Prevention (CDC), Updated December 16, 2020, accessed here: https:/
/www.cdc.gov/coronavirus/2019-ncov/php/contact-
tracing/contact-tracing-plan/contact-tracing.html
\49\ Id.
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QUARANTINE
Forcing those infected with COVID-19 to quarantine or self-
isolate has proven difficult. In December, for example, a
passenger on a United Airlines flight died of an apparent heart
attack.\50\ However, the man's wife apparently told emergency
medical personnel that he had COVID-19 symptoms, including loss
of taste.\51\ The coroner later confirmed he died of acute
respiratory failure and COVID-19.\52\ With those symptoms he
should have been in self-quarantine.\53\ In addition,
transportation and other workers may feel compelled to go to
work so that they don't miss a paycheck, particularly if they
are asymptomatic.\54\ In December, the CDC shortened its
recommended time for quarantine from 14 days to 10 days or
potentially 7 days, depending on the specific test results and
an individual's symptoms.\55\
---------------------------------------------------------------------------
\50\ Melissa Alonso, Kelly Murray and Hollie Silverman, ``United
passenger died of Covid-19 and acute respiratory failure, coroner
says,'' CNN, December 222, 2020, accessed here: https://www.cnn.com/
2020/12/19/us/united-passenger-died-covid-symptoms/index.html.
\51\ Id.
\52\ Id.
\53\ ``Isolate If You Are Sick: Separate yourself from others if
you have COVID-19,'' Centers for Disease Control and Prevention (CDC),
accessed here: https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-
sick/isolation.html.
\54\ ``Report Shows Transportation Workers Lack Support and
Flexibility on the Job: Many workers come to work sick, worrying losing
pay or their job,'' Roads & Bridges, June 5, 2020, accessed here:
https://www.roadsbridges.com/report-shows-transportation-workers-lack-
support-and-flexibility-job.
\55\ Colin Dwyer, ``CDC Shortens Its COVID-19 Quarantine
Recommendations,'' National Public Radio (NPR), December 2, 2020,
accessed here: https://www.npr.org/2020/12/02/941355347/cdc-shortens-
its-covid-19-quarantine-recommendations.
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VACCINATIONS
Immunization with a safe and effective COVID-19 vaccine is
a critical component of the United States' strategy to reduce
COVID-19-related illnesses, hospitalizations, and deaths, and
to help restore more normal social functioning and economic
activity.\56\ The Department of Homeland Security considers
transportation workers to be part of the essential critical
infrastructure workforce and has noted that a degradation of
infrastructure operations and resilience will make stopping the
spread of the virus more difficult.\57\ Essential workers, such
as those employed in a range of transportation occupations, are
among the populations being considered for initial phased
allocation of limited vaccine doses.\58\ But states and
localities vary in how they intend to prioritize essential
workers, including those in the transportation sector, to
receive vaccinations.\59\
---------------------------------------------------------------------------
\56\ CDC, COVID-19 Vaccination Program Interim Playbook For
Jurisdiction Operations (October 29, 2020) available at https://
www.cdc.gov/vaccines/imz-managers/downloads/COVID-19-Vaccination-
Program-Interim_Playbook.pdf.
\57\ U.S. Department of Homeland Security-Cybersecurity &
Infrastructure Security Agency, Guidance on the Essential Critical
Infrastructure Workforce: Ensuring Community and National Resilience in
COVID-19 Response (August 18, 2020).
\58\ CDC, Summary of Guidance for Public Health Strategies to
Address High Levels of Community Transmission of SARS-CoV-2 and Related
Deaths (December 2020) available at https://www.cdc.gov/mmwr/volumes/
69/wr/mm6949e2.htm.
\59\ NBC Nightly News, Who's Next for the COVID Vaccine, a Look at
What Some States Are Deciding (December 13, 2020).
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PERSONAL PROTECTIVE EQUIPMENT (PPE)
MASKS
The CDC strongly recommends all passengers and operators
wear masks on public transportation, including airplanes,
ships, ferries, trains, subways, buses, taxis, and ride-
shares.\60\ CDC also strongly recommends mask use at
transportation hubs and in boarding areas.\61\ CDC further
recommends that operators refuse to board anyone not wearing a
mask, and require all people on board to wear masks for the
duration of the trip with a few exceptions, such as for brief
periods to eat, drink, or take medicine.\62\ During the Trump
administration, however, the CDC did not issue a mandatory mask
requirement.\63\
---------------------------------------------------------------------------
\60\ CDC, ``Wear Face Masks on Public Transportation Conveyances
and at Transportation Hubs,'' (Updated November 20, 2020, available at
https://www.cdc.gov/coronavirus/2019-ncov/travelers/face-masks-public-
transportation.html; See also CDC, ``Interim Guidance: Wearing of face
masks while on public conveyances at stations, ports and similar
transportation hubs,'' October 20, 2020, available at https://
www.cdc.gov/quarantine/masks/mask-travel-guidance.html.
\61\ Id.
\62\ Id.
\63\ Erika Edwards, ``CDC says mask mandates can slow COVID-19,''
NBC News, November 20, 2020, accessed here: https://www.nbcnews.com/
health/health-news/cdc-says-mask-mandates-can-slow-covid-19-spread-
n1248417.
---------------------------------------------------------------------------
According to the New York Times, the CDC drafted an order
in September 2020 under its quarantine powers that would have
required all passengers and employees to wear masks on all
forms of public and commercial transportation in the United
States.\64\ However, these CDC plans were blocked by the White
House and never issued, according to these reports.\65\ On
October 2, 2020, the U.S. Department of Transportation (DOT)
denied a petition from the Transportation Trades Department,
AFL-CIO asking DOT to require passengers to wear masks on
airplanes, trains, buses, and passenger vessels as well as in
boarding areas and associated facilities such as airports and
stations.\66\
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\64\ Sheila Kaplan, ``White House Blocked C.D.C. From Requiring
Masks on Public Transportation,'' New York Times (October 9, 2020),
available at https://www.nytimes.com/2020/10/09/health/coronavirus-
covid-masks-cdc.html.
\65\ Sheila Kaplan, ``White House Blocked C.D.C. From Requiring
Masks on Public Transportation,'' New York Times (October 9, 2020),
available at https://www.nytimes.com/2020/10/09/health/coronavirus-
covid-masks-cdc.html.
\66\ Andy Kroll, ``Trump Administration Rejected a Mask Mandate on
the Day Trump Was Hospitalized for Covid-19,'' Rolling Stone (October
3, 2020) available at https://www.rollingstone.com/politics/politics-
news/trump-covid-positive-test-hospital-plane-train-
mask-mandate-transportation-1070629/; See also Ian Duncan, ``Labor
Unions Petition Transportation Department for a mandatory mask rule,''
Washington Post (July 28, 2020) available at https://
www.washingtonpost.com/local/trafficandcommuting/labor-unions-petition-
transportation-
department-for-a-mandatory-mask-rule/2020/07/28/0cc36306-d0f0-11ea-
9038-af089b63ac21_
story.html.
---------------------------------------------------------------------------
On January 21, 2021, President Biden signed an executive
order requiring, to the extent consistent with applicable law,
that masks be worn in compliance with CDC guidelines in
airports, on commercial aircraft, trains, public maritime
vessels including ferries, intercity buses and public
transportation.\67\ The order also requires, to the extent
feasible, that travelers entering the United States from a
foreign country produce proof of a negative COVID-19 test prior
to entry and travelers, ``comply with other applicable CDC
guidelines concerning international travel, including
recommended periods of self-quarantine or self-isolation after
entry into the United States.'' \68\
---------------------------------------------------------------------------
\67\ Executive Order on Promoting COVID-19 Safety in Domestic and
International Travel, Section 2 available at https://
www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/
executive-order-promoting-covid-19-safety-in-domestic-and-
international-travel/.
\68\ Executive Order on Promoting COVID-19 Safety in Domestic and
International Travel, Section 5 available at https://
www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/
executive-order-promoting-covid-19-safety-in-domestic-and-
international-travel/.
---------------------------------------------------------------------------
Every domestic commercial airline requires, as a matter of
company policy, that passengers and crew wear face coverings on
flights, as well as during check-in and boarding.\69\ Most
major transit systems, and a lot of smaller ones, require
masks.\70\ Uber \71\ and Lyft \72\ require masks for both
drivers and passengers, and Amtrak requires masks for customers
and front-line employees and is also limiting bookings on
reserved trains to allow for more social distancing.\73\
---------------------------------------------------------------------------
\69\ Becky Pokora and Caroline Lupini, ``Master List of U.S.
Airline Seating and Mask COVID-19 Policies,'' Forbes (December 7, 2020)
available at https://www.forbes.com/sites/advisor/2020/12/07/master-
list-of-us-airline-seating-and-mask-covid-19-policies/?sh=34c9d2fb1bb4.
\70\ APTA Health & Safety Commitments Program, Participating
Agencies, available at https://apta.com/wp-content/uploads/
Participating_Agencies_12-23-2020.pdf.
\71\ Dalvin Brown, `` `No mask. No ride.': Uber will require
drivers and passengers to wear face masks indefinitely,'' USA Today
(July 1, 2020) available at https://www.usatoday.com/story/money/2020/
07/01/uber-require-face-masks-drivers-and-passengers-indefinitely/
5354164002/.
\72\ Andrew J. Hawkins, ``Lyft will require drivers and Passengers
to wear face masks,'' The Verge (May 7, 2020) available at https://
www.theverge.com/2020/5/7/21250999/lyft-face-mask-require-driver-
passenger-coronavirus.
\73\ Amtrak, ``Amtrak Requires Facial Coverings As Added Measure of
Protection,'' (May 7, 2020) available at https://media.amtrak.com/2020/
05/amtrak-requires-facial-coverings-as-added-measure-of-protection/.
---------------------------------------------------------------------------
Passenger access to PPE, including masks, varies by transit
agency. In New York City, the Metropolitan Transportation
Authority (MTA) has created a ``Mask Force'' comprised of
hundreds of volunteers who distribute free masks on subways and
buses two days each month.\74\ The Chicago Transit Authority
(CTA) recently announced a pilot program to provide free,
disposable masks on 200 buses serving 20 bus routes,\75\
following the installation of personal protective equipment
vending machines at six of CTA's rail stations which offer
riders access to items like masks and hand sanitizer for prices
ranging from $3.75 to $10.\76\
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\74\ https://new.mta.info/maskforce.
\75\ Chicago Transit Authority, ``CTA Announces Free Face Mask
Pilot Program,'' (December 29, 2020) available at https://
www.transitchicago.com/cta-announces-free-face-mask-pilot-program/.
\76\ Chicago Transit Authority, ``CTA Announces New PPE Vending
Machines for Customers at Rail Stations,'' (October 21, 2020) available
at https://www.transitchicago.com/cta-announces-new-ppe-vending-
machines-for-customers-at-rail-stations/.
---------------------------------------------------------------------------
However, enforcement of mask policies has been a challenge.
For example, bus drivers have been assaulted while trying to
enforce mask mandates, including a 62-year-old public bus
driver in New York City who was hit after reminding a passenger
that masks were required, and a bus driver in San Francisco who
was beaten by three men who had been ordered off for refusing
to put on a mask.\77\ There have also been numerous reports of
airline passengers verbally abusing flight attendants as they
have tried to enforce airline mask requirements and of
passengers exploiting food and drink mask exceptions for
prolonged periods to avoid mask wearing.\78\ Moreover, these
disturbances have safety implications beyond even spreading the
virus, with at least one report of an airline captain being so
distracted by a mask-related problem with a passenger that the
captain mistakenly descended to the wrong altitude.\79\
---------------------------------------------------------------------------
\77\ Christine Goldbaum, ``When a Bus Driver Told a Rider to Wear a
Mask, `He Knocked Me Out Cold,'' New York Times (September 18, 2020)
available at https://www.nytimes.com/2020/09/18/nyregion/mta-bus-mask-
covid.html
\78\ Michael Laris, ``Sneezed on, cussed at, ignored: Airline
workers battle mask resistance with scant governmental backup,''
Washington Post (January 1, 2021) available at https://
www.washingtonpost.com/local/trafficandcommuting/coronavirus-mask-
airplanes/2020/12/31/
09c12d52-4565-11eb-975c-d17b8815a66d_story.html; Maria Cramer, ``Mask
Fights and a `Mob Mentality': What Flight Attendants Faced Over the
Last Year,'' New York Times (January 26, 2021), available at https://
www.nytimes.com/2021/01/26/business/airlines-capitol-violence.html?
action=click&module=Top%20Stories&pgtype=Homepage.
\79\ Id.
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HEALTHY FLIGHTS ACT
On July 30, 2020, Chair DeFazio, Chair Larsen, and more
than a dozen members of Congress introduced the Healthy Flights
Act of 2020 (116th--H.R. 7867), which sought to clarify FAA's
authority to impose requirements on passengers to protect
health and safety, require passengers to wear masks on board
aircraft and within airports during public health emergencies
caused by airborne disease, mandate development of a national
aviation preparedness plan to respond to pandemics, call for a
study on transmission of infectious diseases in airplane
cabins, and create an FAA Center of Excellence on Infectious
Disease Response and Prevention in Aviation to advise the FAA
Administrator on infectious diseases and air travel. The bill
was not marked up or otherwise advanced by the Committee during
the 116th Congress.
BUS SHIELDS
On buses, plastic shields, which have previously been used
to help protect drivers from assaults, are now being added by
some transit agencies to help protect drivers from
coronavirus.\80\ According to the American Public
Transportation Association's (APTA) Mobility Recovery and
Restoration Task Force, adding physical barriers between
drivers and passengers minimizes the person-to-person spread of
disease.\81\ The Amalgamated Transit Union (ATU), which
represents over 200,000 workers, includes temporary barrier
installation as part of its recommended ``Bus Airflows and
Solutions for Operators.'' \82\
---------------------------------------------------------------------------
\80\ Luz Lazo, ``Plastic barriers protected bus drivers from
assaults. Now they shield them from the coronavirus,'' Washington Post
(December 30, 2020) available at https://www.washingtonpost.com/local/
trafficandcommuting/bus-driver-barriers-coronavirus/2020/12/29/
7e4ce230-3e1a-11eb-8bc0-ae155bee4aff_story.html.
\81\ American Public Transportation Association Mobility Recovery
and Restoration Task Force White Paper, ``Transit Leadership in the
Post-COVID-19 Mobility Landscape Part One: Measures to Promote Safe
Mobility,'' (September 2, 2020) p. 16 available at https://apta.com/wp-
content/uploads/Updated_Transit_Leadership_in_the_Post-COVID-
19_Mobility_
Landscape_Part_1_v2.pdf.
\82\ Amalgamated Transit Union, ``Safe Service Now: COVID019--Bus
Airflows and Solutions'' (last viewed Jan. 17, 2021), available at
https://www.atu.org/covid-one9/resources/
STRAT_COVIDPerilsofAirflowFlyer.pdf.
---------------------------------------------------------------------------
SURFACE SANITIZATION
The CDC recommends frequent hand washing and/or use of hand
sanitizer containing at least 60 percent alcohol.\83\ To help
airplane passengers comply, the Transportation Security
Administration (TSA) allows passengers to carry on one
container of hand sanitizer up to 12 ounces.\84\
---------------------------------------------------------------------------
\83\ CDC, ``How to Protect Yourself & Others,'' Updated December
31, 2020 available at https://www.cdc.gov/coronavirus/2019-ncov/
prevent-getting-sick/prevention.html
\84\ https://www.tsa.gov/travel/security-screening/whatcanibring/
items/hand-sanitizers.
---------------------------------------------------------------------------
Both public and private transportation services have also
explored innovations in disinfection. JetBlue has experimented
with a machine from Honeywell that uses UV light to disinfect
cabins.\85\ The CTA has purchased electrostatic sprayers to
help evenly distribute its cleaning agent and help the agent to
cling to surfaces, as well as with surface coating products to
prevent viruses from sticking to surfaces inside of
vehicles.\86\
---------------------------------------------------------------------------
\85\ Cailey Rizzo, ``JetBlue Is Testing a Giant UV Light Machine
That Could Disinfect Plane Cabins in Under 10 Minutes,'' Travel +
Leisure (July 30, 2020), available at https://www.travelandleisure.com/
airlines-airports/jetblue/jetblue-airplane-cabin-disinfectant-machine-
coronavirus.
\86\ https://www.transitchicago.com/coronavirus/vehicles/#New.
---------------------------------------------------------------------------
APTA's Mobility Recovery and Restoration Task Force has
recommended that transit agencies comply with recommendations
by health and safety agencies regarding masks, and provide key
supplies in both vehicles and facilities for both passengers
and employees to help mitigate against the spread of contagious
disease.\87\ Examples of such supplies include soap, cleaning
wipes, hand sanitizer dispensers, paper towels, tissues, and
trash cans to dispose of used products.\88\
---------------------------------------------------------------------------
\87\ American Public Transportation Association Mobility Recovery
and Restoration Task Force White Paper, ``Transit Leadership in the
Post-COVID-19 Mobility Landscape Part One: Measures to Promote Safe
Mobility,'' (September 2, 2020) p. 13 available at https://apta.com/wp-
content/uploads/Updated_Transit_Leadership_in_the_Post-COVID-
19_Mobility_
Landscape_Part_1_v2.pdf.
\88\ Id. at p. 8.
---------------------------------------------------------------------------
Some transit agencies are also transitioning to contactless
payment systems such as phone app-based fare collection, which
helps reduce touch points and potentially infections.\89\ Other
concepts transit systems are considering to reduce surface-
based infection include antimicrobial coverings for handrails
and other key touch points to inhibits growth of microbes,\90\
copper coatings, which reduce the length of time COVID-19 can
remain on a surface, and self-cleaning nanocoatings, which can
kill viruses on surfaces and nearby air.\91\ The Port Authority
of New York and New Jersey, for example, has been experimenting
with a self-cleaning escalator handrail system using UV
light.\92\
---------------------------------------------------------------------------
\89\ American Public Transportation Association Mobility Recovery
and Restoration Task Force White Paper, ``Transit Leadership in the
Post-COVID-19 Mobility Landscape Part One: Measures to Promote Safe
Mobility,'' (September 2, 2020) pp. 19-20 available at https://
apta.com/wp-
content/uploads/Updated_Transit_Leadership_in_the_Post-COVID-
19_Mobility_
Landscape_Part_1_v2.pdf; See also ``Contactless Payment: Metro Makes
TAP Cards Available On Apple Devices,'' CBS Los Angeles (September 3,
2020) available at https://losangeles.cbslocal.com/2020/09/03/
contactless-payment-metro-makes-tap-cards-available-on-apple-devices/.
\90\ Id. at p. 23.
\91\ Id. at pp. 24-25.
\92\ Larry Higgs, ``Self-sanitizing escalator handrail coming to
Port Authority bus terminal,'' NJ.com (August 2, 2020) available at
https://www.nj.com/coronavirus/2020/08/self-sanitizing-escalator-
handrail-coming-to-port-authority-bus-terminal.html; see also American
Public Transportation Association Mobility Recovery and Restoration
Task Force White Paper, ``Transit Leadership in the Post-COVID-19
Mobility Landscape Part One: Measures to Promote Safe Mobility,''
(September 2, 2020) pp. 26-27 available at https://apta.com/wp-content/
uploads/
Updated_Transit_Leadership_in_the_Post-COVID-
19_Mobility_Landscape_Part_1_
v2.pdf.
---------------------------------------------------------------------------
PHYSICAL DISTANCING
The CDC recommends maintaining physical distance of at
least six feet as a strategy to decrease the spread of
coronavirus. When an infected person coughs, sneezes, or talks
and droplets from their mouth or nose are launched into the air
they can land in the mouths or noses of people nearby,
potentially infecting those individuals.\93\ However, as the
following examples demonstrate, the ability to maintain six
feet of separation varies across and within modes of
transportation. In aviation, many airports have instituted
physical distancing requirements within terminals, but once
aboard aircraft, flight crew and travelers are generally
limited in their ability to remain six feet apart due to the
size of the cabin.\94\ Likewise, maintaining at least six feet
of distance can be challenging in other crowded transportation
settings, such as in buses and subway cars and on commuter
ferries.\95\
---------------------------------------------------------------------------
\93\ CDC, Summary of Guidance for Public Health Strategies to
Address High Levels of Community Transmission of SARS-CoV-2 and Related
Deaths (December 2020) available at https://www.cdc.gov/mmwr/volumes/
69/wr/mm6949e2.htm; CDC, Social Distancing (last accessed January 13,
2021) available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-
getting-sick/social-distancing.html.
\94\ See, for example, Houston Airports Authority, FlySafe Houston
(accessed on January 13, 2021) available at https://
www.fly2houston.com/flysafe; San Francisco International Airport, What
We Are Doing (accessed on January 13, 2021) available at https://
www.flysfo.com/travel-well/new-health-protocols; Saint Louis Lambert
International Airport, Travel Update: Coronavirus (COVID-19) (accessed
on January 13, 2021) available at https://www.flystl.com/newsroom/stl-
news/2020/travel-update-coronavirus-covid-19.
\95\ CDC, Wear Face Masks on Public Transportation Conveyances and
at Transportation Hubs (last accessed January 13, 2021) available at
https://www.cdc.gov/coronavirus/2019-ncov/travelers/face-masks-public-
transportation.html.
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AIR QUALITY/VENTILATION
The CDC encourages increasing indoor air ventilation as a
strategy to help reduce transmission of coronavirus.\96\ The
American Society of Heating, Refrigerating and Air-Conditioning
Engineers has recommended specific actions to improve air
quality and thereby decrease the risk of infectious disease
exposure in indoor environments, including mobile environments
such as vehicles and ships.\97\ These recommendations include,
for example, using filters and air cleaners and ensuring
sufficient outdoor airflow rates.\98\ Most commercial airliners
use high-efficiency particulate air (HEPA) filters \99\ and
have a high air-exchange rate, including a mix of outside and
recirculated air.\100\ Particles generated by sneezing or
coughing, however, remain in the cabin air creating exposure
for disease transmission until they enter the ventilation
system and are effectively removed by HEPA filters.\101\
---------------------------------------------------------------------------
\96\ CDC, Summary of Guidance for Public Health Strategies to
Address High Levels of Community Transmission of SARS-CoV-2 and Related
Deaths (December 2020) available at https://www.cdc.gov/mmwr/volumes/
69/wr/mm6949e2.htm.
\97\ ASHRAE Epidemic Task Force, Core Recommendations for Reducing
Airborne Infectious Aerosol Exposure (accessed on January 14, 2021)
available at https://www.ashrae.org/file%20library/
technical%20resources/covid-19/core-recommendations-for-reducing-
airborne-infectious-aerosol-exposure.pdf.
\98\ Id.
\99\ HEPA filters are high efficiency particle air (HEPA) filters
with an efficiency of 99.97% removal of particulates larger than 0.30
microns. See: ``Frequently Asked Questions,'' American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE),
accessed here: https://www.ashrae.org/technical-resources/frequently-
asked-questions-faq.
\100\ Airlines for America, ``Working Together to Protect Travelers
from Curb to Gate'' (July 2, 2020) available at https://
www.airlines.org/blog/working-together-to-protect-travelers-from-curb-
to-gate/.
\101\ National Academies of Science, Infectious Disease Mitigation
in Airports and on Aircraft (2013) available at http://nap.edu/22512.
---------------------------------------------------------------------------
U.S. DEPARTMENT OF TRANSPORTATION STATUTORY AUTHORITY TO COMBAT THE
COVID CRISIS
On July 27, 2020, the Transportation Trades Department AFL-
CIO (TTD) and its 33 member unions petitioned the DOT to
mandate by regulation the usage of masks or face coverings for
passengers on DOT-regulated commercial transportation
providers.\102\ In its petition, TTD cited the ``patchwork of
state or local mandates and a deeply inadequate federal
response consisting of non-mandatory guidance'' which failed to
protect front-line transportation employees.\103\ At the time
of the petition, ``barely half of states [had] enacted
mandatory mask requirements in public'' even as the country set
global records on the rate of new COVID-19 infections.\104\
---------------------------------------------------------------------------
\102\ Letter from Larry I. Willis, President, Transportation Trades
Department AFL-CIO, to Secretary Elaine Chao, U.S. Department of
Transportation (July 27, 2020) available at https://ttd.org/policy/
federal-comments/ttd-petitions-dot-for-passenger-face-mask-mandate/.
\103\ Id.
\104\ Id.
---------------------------------------------------------------------------
The Federal Aviation Administration (FAA), the Federal
Railroad Administration (FRA), and the Federal Transit
Administration (FTA) already have the authority to mandate the
usage of masks and face coverings. Under title 49 of the U.S.
Code, the FAA has the statutory authority to issue mandates
that promote safety.\105\ For example, this has been
interpreted in the past by the FAA through the issuance of a
``Public Health Authority Notification'' via publication in the
Federal Register to include regulations related to passengers
with communicable diseases.\106\ FRA and FTA's rulemakings also
include requirements to promote safety. For example, under
FRA's System Safety Program and Risk Reduction Program final
rule, a hazard is defined as ``any real or potential condition
(as identified in [the railroad's] risk-based hazard analysis)
that can cause injury, illness, or death; damage to or loss of
a system, equipment, or property; or damage to the
environment.'' \107\ The FTA uses a similar definition in its
Public Transportation Agency Safety Plans regulation: ``Hazard
means any real or potential condition that can cause injury,
illness, or death; damage to or loss of the facilities,
equipment, rolling stock, or infrastructure of a public
transportation system; or damage to the environment.'' \108\
---------------------------------------------------------------------------
\105\ See 49 U.S. Code Sec. 44701, ``General requirements,''
available at https://www.govinfo.gov/
content/pkg/USCODE-2018-title49/pdf/USCODE-2018-title49-subtitleVII-
partA-subpartiii-chap447-sec44701.pdf; 49 U.S. Code Sec. 44703,
``Airman certificates,'' accessed here: https://www.govinfo.gov/
content/pkg/USCODE-2018-title49/pdf/USCODE-2018-title49-subtitleVII-
partA-subpartiii-chap447-sec44703.pdf; 49 U.S. Code Sec. 44507,
``Regions and centers,'' available at https://www.govinfo.gov/content/
pkg/USCODE-2018-title49/pdf/USCODE-2018-title49-subtitleVII-partA-
subpartiii-chap445-sec44507.pdf.
\106\ ``Public Health Authority Notification,'' Federal Aviation
Administration, Department of Transportation, Federal Register, Vo. 71,
No. 31, 71 FR 8042, February 15, 2006, available at https://
www.govinfo.gov/content/pkg/FR-2006-02-15/pdf/06-1424.pdf. The
notification is summarized as follows: ``The FAA us publishing this
notice to inform hospitals and other health care organizations of its
status as a `public health authority' under the medial privacy
requirements of the Health Insurance Portability and Accountability Act
of 1996.'' Ibid.
\107\ ``System Safety Program and Risk Reduction,'' Federal
Railroad Administration, Department of Transportation, Federal
Register, Vol. 85, No. 43, 85 FR 12826, March 4, 2020, accessed here:
https://beta.regulations.gov/document/FRA-2009-0038-0118.
\108\ 49 C.F.R. Sec. 673.5, ``Definitions,'' accessed here:
https://www.ecfr.gov/cgi-bin/text-idx?SID=
7e96bb63db489533521d74f7f860cf48&mc=true&node=pt49.7.673&rgn=div5#se49.7
.673_15.
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U.S. DEPARTMENT OF TRANSPORTATION ACTIONS
On October 3, 2020, DOT rejected TTD's petition for an
emergency order mandating masks on all commercial public
transportation modes.\109\ As of January 17, 2021, DOT has
failed to issue an order.\110\ In a letter to Chair DeFazio on
December 30, 2020, providing an update on DOT's response to
COVID-19, DOT listed the following accomplishments: ``the
Department has issued over 200 administrative actions granting
regulatory relief to support critical needs and recovery,
distributed over $35 billion in Coronavirus Aid, Relief, and
Economic Security (CARES) Act relief, facilitated distribution
of 100 million facemasks to front-line transportation
operators, and provided emergency relief to truckers.'' \111\
The DOT has also communicated health and workplace guidance
from the CDC and OSHA with stakeholders.
---------------------------------------------------------------------------
\109\ Press Release, ``On the Day POTUS Tests Positive for COVID-
19, U.S. DOT Rejects Mask Mandate for All Commercial, Public
Transportation,'' Transportation Trades Department AFL-CIO (October 3,
2020) available at https://ttd.org/news-and-media/on-the-day-potus-
tests-
positive-for-covid-19-u-s-dot-rejects-mask-mandate-for-all-commercial-
public-transportation/.
\110\ Jorge L. Ortiz, `` `Blood on his hands': As US nears 400,000
COVID-19 deaths, experts blame Trump Administration for a `preventable'
loss of life,'' USA Today (January 17, 2021) available at https://
www.usatoday.com/story/news/nation/2021/01/17/covid-19-us-400-000-
deaths-
experts-blame-trump-administration/6642685002/.
\111\ Letter from Adam J. Sullivan, Assistant Secretary for
Governmental Affairs, Department of Transportation, to Chair DeFazio
(December 30, 2020).
---------------------------------------------------------------------------
One of these stakeholders, APTA, has developed a ``COVID-19
Resource Hub'' with best practices and implemented the ``APTA
Health & Safety Commitments Program'' to ensure safe operation
of public transportation systems.\112\
---------------------------------------------------------------------------
\112\ American Public Transportation Association, ``COVID-19
Resource Hub,'' (last viewed January 17, 2021) available at https://
apta.com/covid-19-resource-hub/.
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TRANSPORTATION PROVIDER ACTIONS AND ENFORCEMENT ISSUES
Many front-line transportation workers have been left
largely on their own to enforce any mask mandates.\113\ For
flight attendants, aside from company policies that may bar
passengers who do not wear masks from future flights, any
federal enforcement only stems from passengers who become
unruly.\114\ On January 11, 2021, noting recent violence at the
U.S. Capitol and press reports of rowdy and unruly passengers
on commercial airlines who refused to wear masks, Chair DeFazio
and Chair Larsen wrote to FAA Administrator Stephen Dickson
urging him to deter disorderly passengers by vigorously
enforcing its authorities and pursue maximum penalties
authorized by law--$35,000 per violation.\115\ On January 13,
2021, citing increased disruptive behavior by airplane
passengers stemming from both refusal to wear masks and from
recent violence at the U.S. Capitol, the FAA issued a zero-
tolerance policy by which the agency committed to taking
enforcement action against unruly passengers, including fines
up to $35,000 and possible jail time, as opposed to first using
counseling and warnings.\116\ The policy is currently in effect
through March 30, 2021.\117\
---------------------------------------------------------------------------
\113\ Harmeet Kaur and Natalia V. Osipova, ``For flight attendants,
getting people to wear masks is now one of the hardest parts of the
job,'' CNN, January 21, 2021 available at https://www.cnn.com/travel/
article/flight-attendants-unruly-passengers-masks-trnd/index.html.
\114\ Id.
\115\ ``DeFazio and Larsen Encourage FAA Administrator to Use the
Full Weight of Federal Law to Protect Airline Passengers and Crews
Ahead of Inauguration,'' Majority Press Release, Committee on
Transportation and Infrastructure, January 11, 2021, accessed here:
https://transportation.house.gov/news/press-releases/defazio-and-
larsen-encourage-faa-administrator-to-use-
the-full-weight-of-federal-law-to-protect-airline-passengers-and-crews-
ahead-of-inauguration.
\116\ David Shepardson, ``Exclusive: U.S. FAA chief orders `zero
tolerance' for disruptive airline passengers, possibly jail,'' Reuters
(January 13, 2021) available at https://www.reuters.com/
article/us-usa-election-aviation-exclusive/exclusive-u-s-faa-chief-
orders-zero-tolerance-for-
disruptive-airline-passengers-possibly-jail-idUSKBN29I302; See also
FAA, ``Press Release--Federal Aviation Administration Adopts Stricter
Unruly Passenger Policy,'' (January 13, 2021) available at https://
www.faa.gov/news/press_releases/news_story.cfm?newsId=25621.
\117\ FAA, ``Press Release--Federal Aviation Administration Adopts
Stricter Unruly Passenger Policy,'' (January 13, 2021) available at
https://www.faa.gov/news/press_releases/news_story.cfm?newsId=25621
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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) RESPONSE
On March 13, 2020, in response to the COVID-19 pandemic,
President Trump declared an emergency under Section 501(b) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Stafford Act, P.L. 93-288 as amended).\118\ The initial
series of declarations authorized Public Assistance emergency
protective measures to all states, territories, the District of
Columbia, and 32 federally-recognized tribes.\119\ By April 22,
2020, President Trump had approved major disaster declaration
requests for all 50 states, the District of Columbia, the five
territories, and one federally-recognized tribe.\120\
Currently, pandemics are not explicitly included in the
definition of ``major disaster'' under the Stafford Act.\121\
Areas of concern raised by recipients of the assistance have
included the federal cost share and eligibility and
reimbursement clarifications.\122\
---------------------------------------------------------------------------
\118\ Stafford Act, 42 U.S.C. Sec. Sec. 5121 et seq.; Letter from
President Donald J. Trump on Emergency Determination Under the Stafford
Act (March 13, 2020) available at https://www.whitehouse.gov/briefings-
statements/letter-president-donald-j-trump-emergency-determination-
stafford-act/.
\119\ Id.
\120\ Federal Emergency Management Administration, COVID-19
Disaster Declarations (last accessed January 18, 2021) available here
https://www.fema.gov/disasters/coronavirus/disaster-declarations.
\121\ See 42 U.S.C. Sec. 5122, ``Definitions,'' available at
https://www.govinfo.gov/content/pkg/USCODE-2018-title42/pdf/USCODE-
2018-title42-chap68-subchapI-sec5122.pdf.
\122\ See Coalition Letter on the FEMA Assistance Relief Act
(September 29, 2020) available at https://www.nga.org/advocacy-
communications/coalition-fema-assistance-relief-act/.
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ECONOMIC IMPACT ON TRANSPORTATION SYSTEMS
INTER-CITY AND CHARTER BUSES
The Nation's private motorcoach industry--which includes
about 3,000 operators of commuter shuttles, private charters,
and scheduled service--has suffered devastating ridership and
revenue losses as a result of decreased travel demand during
the COVID-19 pandemic.\123\ Based on reports from motorcoach
companies, between 80 and 95 percent of charter motorcoach
trips have been cancelled or are simply not being booked due to
the pandemic.\124\ The American Bus Association (ABA) has
estimated that up to 50 percent of bus companies could go out
of business by the end of 2021.\125\ Further, ABA-commissioned
research indicates that without a strong recovery (and without
government assistance), 78 percent of jobs in the charter-bus
sector will be lost during the next year and around 65 percent
will be lost in the commuter, scheduled, and shuttle-bus
sectors.\126\
---------------------------------------------------------------------------
\123\ Tim Levin, ``With no COVID-19 relief in sight, the private
bus industry could collapse--taking with it a vital US transport
network'' Business Insider (November 24, 2020) available at https://
www.msn.com/en-us/travel/news/with-no-covid-19-relief-in-sight-the-
private-bus-
industry-could-collapse-taking-with-it-a-vital-us-transport-network/ar-
BB1bjHWt.
\124\ John Dunham and Associates, Memo to American Bus Association
President Peter Pantuso (September 8, 2020) available at https://
www.buses.org/assets/images/uploads/pdf/
Economic_Update_on_Motorcoach_Industry_090820-B.pdf.
\125\ Tim Levin, ``With no COVID-19 relief in sight, the private
bus industry could collapse--taking with it a vital US transport
network'' Business Insider (November 24, 2020) available at https://
www.msn.com/en-us/travel/news/with-no-covid-19-relief-in-sight-the-
private-bus-
industry-could-collapse-taking-with-it-a-vital-us-transport-network/ar-
BB1bjHWt.
\126\ Id; John Dunham and Associates, Memo to American Bus
Association President Peter Pantuso (September 8, 2020) available at
https://www.buses.org/assets/images/uploads/pdf/
Economic_Update_on_Motorcoach_Industry_090820-B.pdf.
---------------------------------------------------------------------------
AVIATION
Demand for commercial air travel plummeted last spring as
coronavirus cases surged, and it continues to be far below
typical levels. Airlines operating in the United States are now
offering just 42 percent of the seats that they offered a year
ago.\127\ TSA security screenings remain far below normal
levels as well; on Christmas day 2020, for example, TSA
screened only a quarter of the passengers that it did on the
same day in 2019.\128\ As airlines struggled to remain solvent
in the face of declining revenues over the past year, they
furloughed tens of thousands of flight attendants, pilots, and
other workers prior to receiving financial assistance.\129\ The
Coronavirus Aid, Relief, and Economic Security Act (PL 116-136;
CARES Act), enacted March 27, 2020, provided financial
assistance to air carriers to pay airline employees with a
prohibition on involuntary worker furloughs. This prohibition
initially expired after September 30, 2020. A second round of
funding was approved as part of another COVID relief package,
which extended the layoff moratorium until March 31, 2021, and
requires that air carriers recall any involuntarily furloughed
employees.\130\
---------------------------------------------------------------------------
\127\ John Grant, OAG Update (last accessed January 15, 2021)
available at https://www.oag.com/blog/coronavirus-update-week-one-2021.
\128\ TSA, traveler checkpoint numbers for 2019-2020 (last accessed
January 15, 2021) available at https://www.tsa.gov/coronavirus/
passenger-throughput.
\129\ CNBC, Airlines Begin Complex Process of Calling Back More
Than 32,000 Furloughed Workers (last accessed January 15, 2021)
available at https://www.cnbc.com/2020/12/23/coronavirus-stimulus-
gives-airlines-15-billion-to-call-back-furloughed-workers.html.
\130\ Id.
---------------------------------------------------------------------------
The COVID-19 pandemic has also affected revenues flowing
into the Airport and Airways Trust Fund (``Trust Fund''), the
major federal source of funding for improvements to airports
and the nation's air traffic control system. Section 4007 of
the CARES Act authorized a suspension of aviation excise taxes
through calendar year 2020. The suspended taxes include the
primary revenue sources for the trust fund--the 7.5 percent tax
on airline passenger ticket sales, segment fees, the air cargo
waybill tax, and aviation fuel taxes paid by both commercial
and general aviation aircraft.\131\ The tax holiday, coupled
with the precipitous drop in air travel during the pandemic,
meant the trust fund faced potential insolvency; Congress
responded by transferring $14 billion from the general fund
into the trust fund under the Continuing Appropriations Act,
2021 and Other Extensions Act (P.L. 116-159), which averted
insolvency.
---------------------------------------------------------------------------
\131\ Congressional Research Service, ``Federal Civil Aviation
Programs: In Brief'' (July 20, 2020) available at https://
crsreports.congress.gov/product/pdf/R/R42781.
---------------------------------------------------------------------------
TRANSIT
COVID-19 and the resulting shelter-in-place orders,
business closures, suspension of tourism, and increasing
unemployment significantly decreased public transit and
commuter rail ridership. In the San Francisco Bay Area, public
transit ridership through Bay Area Rapid Transit is 88 percent
below its baseline; rail ridership in Washington, D.C., has
plummeted 86 percent since 2019; and ridership on New York's
MTA subways is down around 70 percent.\132\ Public transit
agencies also have incurred substantial costs through increased
cleaning and disinfecting procedures, steps meant to protect
employees and the public.\133\
---------------------------------------------------------------------------
\132\ Abby Vesoulis, ``The Future of American Public Transit
Depends on Congress,'' Time (December 17, 2020) available at https://
time.com/5921917/mass-transit-covid-congress/.
\133\ Paul P. Skoutelas, APTA President and CEO, ``Examining the
Surface Transportation Board's Role in Ensuring a Robust Passenger Rail
System,'' testimony before the House Subcommittee on Railroads,
Pipelines and Hazardous Materials (November 18, 2020), available at:
https://www.apta.com/advocacy-legislation-policy/testimony-letters/
letters/paul-p-skoutelas-
president-and-ceo-apta-on-examining-the-surface-transportation-boards-
role-in-
ensuring-a-robust-passenger-rail-system-house-subcommittee-on-
railroads-pipelines-and-haza/.
---------------------------------------------------------------------------
These revenue declines and additional costs have fueled
extreme budget shortfalls. The Washington Metropolitan Area
Transit Authority (WMATA) reported a revenue decline of $550
million this fiscal year.\134\ Washington State Ferries, which
operates commuter ferries in Puget Sound and around the San
Juan islands, lost $68 million in revenue due to decreased
ridership.\135\ The Chicago area's commuter rail system
projects a two-year budget deficit of $682.5 million.\136\
These revenue shortfalls force transit authorities to slash
routes and delay scheduled expansions--decisions that, experts
say, could impair transit for the next decade.\137\ While the
pandemic package Congress passed at the end of the 116th
Congress included $14 billion for public transit, APTA
estimates it would take $39.3 billion for the nation's transit
systems to recover to pre-pandemic levels.\138\
---------------------------------------------------------------------------
\134\ Justin George, ``Metro is planning normal service this year,
but hoping for a cash infusion in 2022,'' Washington Post (January 14,
2021), available at https://www.washingtonpost.com/
local/trafficandcommuting/metro-budget/2021/01/14/211a0f8e-562f-11eb-
a931-5b162d0d033d_
story.html.
\135\ Michelle Baruchman, ``Washington state ferry ridership
dropped to historic lows last year,'' Seattle Times (January 13, 2021)
available at https://www.seattletimes.com/seattle-news/
transportation/washington-state-ferry-ridership-dropped-to-historic-
lows-last-year/.
\136\ Robert Channick, ``Metra is falling further behind budget
amid COVID-19 ridership decline,'' Chicago Tribune (August 19, 2020)
available at https://www.chicagotribune.com/
coronavirus/ct-coronavirus-chicago-metra-ridership-revenue-decline-
20200819-ffl2sbjnu
jempaex5pbbt5zqta-story.html.
\137\ Abby Vesoulis, ``The Future of American Public Transit
Depends on Congress,'' Time (December 17, 2020) available at https://
time.com/5921917/mass-transit-covid-congress/.
\138\ Laura Bliss, ``For Public Transit, the Stimulus Is a
Lifeline--But a Short One,'' Bloomberg (December 22, 2020) available at
https://www.bloomberg.com/news/articles/2020-12-22/transit-gets-a-
reprieve-not-a-rescue-in-stimulus; Press Release, ``New Independent
Economic Analysis Shows Public Transportation Industry Faces $39.3
Billion Shortfall,'' American Public Transportation Association
(January 28, 2021) available at https://apta.com/news-publications/
press-
releases/releases/new-independent-economic-analysis-shows-public-
transportation-industry-faces-39-3-billion-shortfall/.
---------------------------------------------------------------------------
CRUISE INDUSTRY
The cruise industry has been uniquely affected by the
COVID-19 pandemic, including, early on, tens of thousands of
people, including both passengers and crew members, being
quarantined for months onboard ships.\139\ There is a
'Conditional Sailing Order' in place in the United States,
while Canada, the Cayman Islands, Australia, New Zealand, the
Seychelles, and Spain have all banned cruise ships for the
foreseeable future.\140\ Major cruise lines, including Carnival
Cruise Line, Princess Cruises, and Holland America Line, have
cancelled all sailings for several more months.\141\ The
financial impact on cruise ship companies has been severe. The
Financial Times reported in June 2020 that Carnival Cruise
Lines was losing $1 billion each month.\142\ Also last year,
following substantial losses due to the pandemic, the credit
ratings of Carnival and Royal Caribbean were downgraded to junk
status by two major rating agencies.\143\ Virtually the entire
U.S. domestic commercial passenger fleet, including overnight
excursions, day charters, and tours, has also shut down.\144\
Stakeholders, including the Passenger Vessel Association, are
working with the CDC to develop reopening guidelines based on
CDC recommendations.\145\
---------------------------------------------------------------------------
\139\ Taylor Dolven, ``Cruise ships sailed on despite the
coronavirus. Thousands of people paid the price.'' Miami Herald (April
23 2020) accessed at: https://www.miamiherald.com/news/business/
tourism-cruises/article241640166.html.
\140\ Kaye Holland, ``Hoping for calmer waters: Cruise industry
looks ahead to `the year of recovery'' The Telegraph (January 7, 2021)
available at https://www.telegraph.co.uk/travel/cruises/news/positive-
future-for-cruise-holidays-say-experts/.
\141\ Taylor Dolven, ``Cruises keep getting canceled due to the
pandemic'' Miami Herald (December 4, 2020).
\142\ Alice Hancock, ``Coronavirus: is this the end of the line for
cruise ships?'' Financial Times (June 7, 2020) available at https://
www.ft.com/content/d8ff5129-6817-4a19-af02-1316f8defe52.
\143\ Id.
\144\ Letter from Passenger Vessel Association to Speaker Nancy
Pelosi (April 8, 2020) available at http://www.passengervessel.com/
downloads/letters/2020-CARES-ACT-2-Speaker-Pelosi.pdf.
\145\ Passenger Vessel Association, ``Reopening Guidelines: Getting
the Domestic Passenger Vessel Industry Back Underway,'' (last accessed
January 19, 2021) available at http://www.passengervessel.com/covid-
19.html.
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MARITIME INDUSTRY
The U.S. maritime industry, including merchant mariners,
vessel owners and operators, and shipbuilders, the Nation's
port system, and supporting industries integrate our economy
with a vast global maritime supply chain system that moves more
than 90 percent of the world's trade by tonnage, including
sources of energy, consumer goods, agricultural products, and
raw materials.\146\ These industries, vessels, infrastructure,
and personnel also play critical roles in national security,
supporting our Nation's ability to provide sealift for the
Department of Defense (DOD) during times of war and national
emergency.\147\ It is estimated that before the COVID-19
pandemic, more than 650,000 Americans worked in the maritime
industry.\148\ Even more jobs--roughly 30.8 million--were
supported by cargo moving through deep ports in the United
States.\149\
---------------------------------------------------------------------------
\146\ Maritime Administrator Mark H. Buzby Testimony before the
House Committee on Transportation and Infrastructure Subcommittee on
Coast Guard and Maritime Transportation (March 6, 2019), available at
https://transportation.house.gov/imo/media/doc/Buzby%20Testimony1.pdf.
\147\ Id.
\148\ Press Release, ``Ports, Other Maritime Entities Request $3.5B
in COVID-19 Relief,'' American Association of Port Authorities,
December 9, 2020, available at https://www.aapa-ports.org/advocating/
PRDetail.aspx?ItemNumber=22701.
\149\ Id.
---------------------------------------------------------------------------
Globally, maritime trade was down 4.1 percent in 2020.\150\
There was also a sharp decrease in port calls compared to
2019.\151\ A coalition of U.S. maritime stakeholders describe
the impacts as follows: ``Commercial cargo has plummeted--total
waterborne trade volume is down 6.3% compared to last year,
while the total value of this trade has crashed by 13.9%
totaling $200 billion.'' \152\ With commercial cargo and trade
down, there have also been added costs to stakeholders to
design and implement COVID-19 protocols and precautions.\153\
---------------------------------------------------------------------------
\150\ UNCTAD, ``COVID-19 cuts global maritime trade, transforms
industry,'' November 12, 2020, available at https://unctad.org/news/
covid-19-cuts-global-maritime-trade-transforms-industry.
\151\ UNCTAD, ``COVID-19 and maritime transport: Impact and
responses,'' (2020), available at https://unctad.org/system/files/
official-document/dtltlbinf2020d1_en.pdf.
\152\ Letter from American Association of Port Authorities and
other maritime entities to Congressional Leadership, (December 9,
2020), available at https://aapa.cms-plus.com/files/
MTS%20Relief%20Coalition%20Letter_Congress.pdf.
\153\ Id.
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STATE AND LOCAL REVENUES, FEDERAL TRUST FUNDS
The pandemic's initial effect on travel behaviors has been
significant. While the long-term specific impact is still
uncertain, early data showing an estimated one billion fewer
miles driven each day, or an 11.4 percent decrease when
compared to 2019.\154\ As a significant portion of state
transportation funding comes from user fees, such as motor fuel
taxes, declines in travel have had a direct impact on state
transportation budgets.\155\ Density-reliant user fee revenue
sources, such as transit fares, variable toll rates, and
congestion pricing, have been particularly hard hit by the
COVID-19 pandemic.\156\ While gas tax revenue sharply declined
during the first two months of the pandemic, these receipts
have appeared to recover faster than other revenue sources,
particularly when compared to user fees that rely on specific
commuter patterns.\157\ Early estimates from the American
Association of State Highway and Transportation Officials
project that state departments of transportation will see $16
billion in revenue declines in 2020, and $37 billion in losses
over the next five years.\158\ However, the most recent census
data shows that State motor fuel tax receipts for the first
nine months of 2020 were down by $2.5 billion (-6.3 percent)
compared to their 2019 levels, whereas State vehicle and
operator license revenues that are also often used by States to
fund transportation were down $1.0 billion this year, or -3.9
percent.\159\ Overall impacts on tax receipts can vary widely
depending on the State, given the mix of different revenue
sources relied upon to fund transportation. Oregon reported
collecting $27 million less in gas tax revenue between January
and August 2020, and estimates the State Highway Fund will
collect $170 million less in 2020 and 2021.\160\ Pennsylvania's
Department of Transportation reported in November 2020 that it
has already lost nearly $400 million in revenue as a result of
reduced travel, and expects to lose a total of $500 to $600
million in 2020.\161\
---------------------------------------------------------------------------
\154\ National Governor's Association, Transportation Funding and
Financing During COVID-19, (December 7, 2020) available at https://
www.nga.org/memos/transportation-funding-financing-covid-19/.
\155\ Id.
\156\ Id.
\157\ Id
\158\ Id.
\159\ Jeff Davis, ``Loss from COVID Uneven and Less than
Anticipated'' Eno Center for Transportation, (December 21, 2020),
available at https://www.enotrans.org/article/new-census-data-shows-
state-local-revenue-loss-from-covid-uneven-and-less-than-anticipated/.
\160\ National Governor's Association, Transportation Funding and
Financing During COVID-19, (December 7, 2020) available at https://
www.nga.org/memos/transportation-funding-financing-covid-19/.
\161\ Id.
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CONGRESSIONAL ACTION
Congress included billions of dollars of relief and job
protection measures in the CARES Act and the Consolidated
Appropriations Act, 2021 (P.L. 116-260). Among the Committee-
related provisions in the CARES Act are the following: $32
billion to fund the Payroll Support Program for airline
workers, $29 billion in loans to air carriers, $10 billion in
grants to airports, $25 billion to public transit operators, $1
billion for Amtrak, $45 billion for the FEMA Disaster Relief
Fund, and other funds for federal agencies to prevent, prepare
for, and respond to COVID-19.\162\ The Consolidated
Appropriations Act included the following among its provisions:
$14 billion for transit; $10 billion for state transportation
departments and local transportation agencies; $1 billion for
Amtrak; $2 billion for motorcoach and bus operators, school bus
companies, and U.S. flag passenger vessel operators; $2 billion
for airports; $15 billion to extend the Payroll Support Program
for aviation employees through March 31, 2021; and $2 billion
for FEMA's Disaster Relief Fund.\163\
---------------------------------------------------------------------------
\162\ P.L. 116-136, Sec. Sec. 4003, 4112, & Division B. More
information is also available at https://transportation.house.gov/news/
press-releases/chair-defazio-offers-his-support-for-putting-
american-families-and-workers-first-in-third-covid-19-relief-package.
\163\ P.L. 116-260 Division F & Division M. More information is
available at https://transportation.house.gov/news/press-releases/
chair-defazio-applauds-new-round-of-aid-for-the-hard-hit-
transportation-sector-in-omnibus-and-covid-relief-legislation-.
---------------------------------------------------------------------------
WITNESS LIST
LProfessor David Michaels, PhD, MPH, Department of
Environmental and Occupational Health, Milken Institute School
of Public Health, The George Washington University
LMs. Sara Nelson, International President,
Association of Flight Attendants--CWA
LMr. Lewie Pugh, Executive Vice President, Owner-
Operator Independent Drivers Association (OOIDA)
LMr. Ismael Rivera, Bus operator for Lynx and
Member of Amalgamated Transit Union (ATU) Local 1596, Orlando,
FL
LProfessor William P. Bahnfleth, PhD, PE, FASHRAE,
FASME, FISIAQ, Professor of Architectural Engineering, The
Pennsylvania State University
LThe Honorable Joe Buscaino, Councilman, Los
Angeles City Council, and Past President, National League of
Cities, on behalf of National League of Cities
PROTECTING TRANSPORTATION WORKERS AND PASSENGERS FROM COVID: GAPS IN
SAFETY, LESSONS LEARNED, AND NEXT STEPS
----------
THURSDAY, FEBRUARY 4, 2021
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC.
The committee met, pursuant to call, at 11:29 a.m., in room
2167 Rayburn House Office Building and via Cisco Webex, Hon.
Peter A. DeFazio (Chair of the committee) presiding.
Present in person: Mr. DeFazio, Ms. Johnson of Texas, Mr.
Garamendi, Mr. Stanton, Mr. Kahele, Ms. Newman, Mr. Graves of
Missouri, Mr. Young, Mr. Webster, Mr. Perry, Mr. Rodney Davis,
Dr. Babin, Mr. Graves of Louisiana, Mr. Rouzer, Mr. Bost, Mr.
Westerman, Mr. Mast, Mr. Fitzpatrick, Miss Gonzalez-Colon, Mr.
Stauber, Mr. Burchett, Mr. Johnson of South Dakota, Dr. Van
Drew, Mr. Guest, Mr. Nehls, Ms. Mace, Ms. Van Duyne, and Mrs.
Steel.
Present remotely: Ms. Norton, Mr. Larsen, Mrs. Napolitano,
Mr. Cohen, Mr. Sires, Mr. Johnson of Georgia, Ms. Titus, Mr.
Maloney, Mr. Huffman, Ms. Brownley, Ms. Wilson of Florida, Mr.
Payne, Mr. Lowenthal, Mr. Lynch, Mr. Carbajal, Mr. Brown, Mr.
Allred, Ms. Davids, Mr. Garcia of Illinois, Mr. Delgado, Mr.
Pappas, Mr. Lamb, Mr. Moulton, Mr. Auchincloss, Ms. Bourdeaux,
Ms. Strickland, Ms. Williams of Georgia, Mr. Massie, Mr.
LaMalfa, and Mr. Balderson.
Mr. DeFazio. I now call the full committee hearing to
order.
I ask unanimous consent that the chair be authorized to
declare a recess at any time in today's hearing.
Without objection, so ordered.
Today we are here to discuss one aspect of COVID-19: the
impact on the transportation system, its workers, its
passengers, the gaps that still exist in protecting these
workers and passengers, lessons we have learned from the
Federal Government's response to the pandemic so far, and
potential next steps to better protect transportation workers
and passengers from COVID-19 and other future potential health
crises.
It has hit a lot of sectors hard. The reduction in mass
transit ridership and air passengers has led to devastating
economic consequences for local and State governments, transit
agencies, and commercial airlines. Maritime and trucking have
been hit variably, depending upon their lines of business. But
for all, there have been consequences in terms of COVID itself.
The transportation workers have been very hard hit by
health dangers and also the financial repercussions of the
COVID health crisis. The Transportation Trades Department,
which represents a lot of these transportation workers, is
sharing some of those stories online as we speak. And I would
encourage people to check out ``COVID transportation stories''
on Twitter to hear even more examples of why today's hearing is
so important but only after you have sat through the
fascinating hearing.
I am thankful, however, that we now have a commonsense
national strategy unveiled by the Biden administration the
first day in office. It won't be easy. There is no immediate
fix, but at least they have put in place some basic national
consistent measures. We need more PPE, obviously. Maritime
workers are moving cargo through our ports. Busdrivers and rail
operators are helping doctors, nurses, and American workers
engage in combating COVID-19 through their essential jobs.
Aviation is transporting some of these same essential people
and the vaccines by air. Transportation workers in all of these
modes are at a high risk of contracting COVID-19: close
quarters, large number of individuals that travel, and frequent
trips make them particularly vulnerable. Truckdrivers,
busdrivers, delivery personnel, mechanics, engineers, maritime
workers, pilots, flightcrews, and railroad conductors have all
been impacted by COVID-19 economically, socially, and
medically. Many have been infected and some, tragically--
actually, quite a few--have lost their lives.
For months, I pushed for a national mask mandate for
transportation workers and passengers, but unfortunately, the
previous administration would not impose such a mandate. When
measures have been adopted by individual airlines as rules of
the airline and/or by transit agencies and local jurisdictions,
flight attendants and busdrivers have been harassed, beaten,
and attacked while carrying out their job duties trying to
protect themselves and their other passengers from those who
refuse to wear a face mask. We owe those workers a debt of
gratitude for their commitment and courage for showing up every
day to keep America moving.
Now those mandates will be backed by Federal law. I have
had conversations with Administrator Dickson. The maximum fine
is $35,000 and 1 year imprisonment, and they will be for
egregious cases pursuing those maximum fines to get the
attention of people.
CDC just came out with guidance, which we will get into, on
what constitutes a proper mask, which is going to be confusing,
and it is going to require a lot of work by the various modes
to get that information to their users, their passengers, their
customers. So that is a work in progress as of this week.
I have actually contacted Chair Thompson of the Homeland
Security Committee. We have a new memorandum of understanding
with them on areas of mutual concern and interest, and I
informed him that I am going to contact the head of the
Transportation Security Administration and ask them to take the
lead, at least in airports, on enforcing this mandate because
if people get past TSA, and they get to the gate, and none of
the vendors down there sell masks, it becomes a big problem.
You are supposed to actually have the mask on as you enter the
airport. So, by the time they get to TSA, they should have a
proper mask on, and they should put up posters like they do for
everything else we can't carry on about what kind of mask you
can have and you can't. This is going to be a difficult
transition.
As Dr. David Michaels, the former head of OSHA under the
Obama administration, one of the witnesses here today, has
pointed out, the Trump administration has steadfastly refused
to put forward regulations to protect American workers and the
workforce at large. OSHA is now developing individual
workplace--because all workplaces vary--mandates and
requirements, some of the States have done it individually, but
it is better to have a national system, a national plan. You
have got to wear a hard hat when you go on a construction site,
even if it is a construction site where it is not likely
anything is going to fall on your head. And not having a
mandatory requirement for something as dangerous as COVID-19
was a huge, huge lack.
Face masks and proper ventilation systems can help. We will
hear from ASHRAE today about that. I was interested in some of
their assessment of different environments in terms of
transmission, airborne transmission of the virus, and I will
look forward to their testimony and the testimony of others
working directly with the traveling public.
We need a massive increase in testing capacity. I have
concerns that the CDC is considering a national mandate that
everyone have a COVID test before they fly. That would mean an
immediate increase of at least 50 percent in daily testing
capacity, and I don't know where that comes from. And,
furthermore, I am not certain of its effectiveness given that,
even the most effective test is not particularly accurate. The
PCR has a 100-percent failure rate at day one, and people are
most infectious days minus one, minus two, and day plus one. So
I just question whether this would be effective. And if it is
necessary in aviation, well, then I guess we would have to
worry about interstate trucking, interstate buses, Amtrak, and
people getting in their automobiles and crossing State lines.
So I hope we will have some discussion of that here today also.
With that, I recognize the ranking member for his opening
remarks.
[Mr. DeFazio's prepared statement follows:]
Prepared Statement of Hon. Peter A. DeFazio, a Representative in
Congress from the State of Oregon, and Chair, Committee on
Transportation and Infrastructure
Today, we are here to discuss one aspect of the COVID-19 pandemic,
the impact on the U.S. transportation system, its workers and its
passengers, the gaps that still exist in protecting these workers and
passengers from the virus, the lessons that have been learned from the
Federal Government's response to the pandemic so far, and potential
next steps to better protect transportation workers and passengers from
COVID-19 and any future public health crisis we may confront.
The coronavirus pandemic has been a public health catastrophe and
economic disaster for our country and a calamity for the world. Still,
the chaotic, contradictory, and lackluster federal response inarguably
made things much worse than they needed to be, cost more lives, and
created the conditions that exacerbated the widescale spread of the
disease across our nation. The COVID-19 virus has now taken the lives
of more than 440,000 Americans to date and infected more than 26
million others in the U.S. alone.
And it has hit the transportation sectors hard. The reduction in
mass transit riders and air passengers has led to devastating economic
consequences for local, regional and state governments, transit
agencies, and commercial airlines. The maritime and trucking industries
have also suffered dire economic consequences. Our transportation
networks will take a long time to recover financially, and they may be
forever altered fundamentally by changing workplace practices.
Transportation workers in particular have been hard hit by the
devastating health dangers and significant financial repercussions of
the public health crisis our nation continues to face. The
Transportation Trades Department, which represents a lot of those
transportation workers, is sharing some of those stories online as we
speak and I would encourage people to check out ``COVID transportation
stories'' on Twitter to hear even more examples of why today's hearing
is so important.
I am thankful, however, that we now have a common-sense national
strategy unveiled by the Biden administration on its first day in
office to combat the COVID-19 pandemic. It won't be easy. There is no
immediate fix. More lives will be lost in the weeks and months ahead.
Correcting the damage that has already resulted from waiting so long to
lead the nation out of this public health crisis will take time. A long
time. In the meantime, this Committee will help lead the way in
protecting the health and safety of transportation workers and
passengers. I believe there is hope on the horizon.
The U.S. transportation network and its workers play a critical
role in keeping passengers and freight moving to their destinations on
time. During the pandemic they have helped to get personal protective
equipment (PPE) to where it needed to go via air, sea, rail and truck.
Maritime workers are keeping our economy running by moving cargo
through our ports. Bus drivers and rail operators are helping transport
doctors, nurses, and American workers engaged in combatting the COVID-
19 pandemic to their essential jobs. All of these efforts and others
have put transportation workers--and continue to put transportation
workers--at a high-risk of contracting the COVID-19 virus. The close
quarters, large numbers of individuals that travel on transportation
systems, and frequent trips make transportation workers particularly
vulnerable to COVID-19.
Truck drivers and bus drivers, delivery personnel, mechanics and
engineers, maritime workers, pilots and flight crews, and railroad
conductors have all been impacted by the COVID-19 pandemic
economically, socially, and medically. Many have been infected with the
virus and some have lost their lives. For many months, I have pushed
for a national mask mandate to protect transportation workers and
passengers from the risk of being infected with the COVID-19 virus. A
lack of federal resolve by the Trump administration to implement
uniform national policies on this basic and most critical public health
safety measure has led to confusion and confrontation.
Flight attendants and bus drivers have been harassed, beaten, and
attacked while carrying out their job duties trying to protect
themselves and their passengers from those who refuse to wear a face
mask. We owe all of these workers a debt of gratitude for their
commitment and their courage for showing up for their jobs every day to
move America.
Unfortunately, efforts to rely on science to protect transportation
workers and passengers from COVID-19 were often impeded and ignored by
the Trump administration. According to the New York Times, the CDC
drafted an order in September 2020 under its quarantine powers that
would have required all passengers and employees to wear face masks on
all forms of public and commercial transportation in the United States,
but it was blocked by the White House.
In addition, the White House reportedly prevented the CDC from
extending its original No Sail Order for cruise ships to mid-February.
The Trump administration also failed to use its statutory powers to
enforce fundamental health and safety best practices in the workplace
to help protect transportation and other workers from the COVID-19
pandemic by holding employers responsible for this basic duty.
As Dr. David Michaels, the former head of the Occupational Safety
and Health Administration under the Obama administration and one of our
witnesses here today has pointed out, the Trump administration
steadfastly refused to implement regulations that would protect
transportation workers and the American workforce at large from the
deadly risks of the COVID-19 virus.
While there are federal regulations requiring workers to wear hard
hats in construction sites and their employers face financial penalties
if they do not, the Trump administration was unwilling to issue
mandatory workplace requirements surrounding some of the hard facts
regarding the COVID-19 pandemic: that wearing face masks saves lives,
that physical distancing prevents the spread of the virus, that proper
ventilation systems can help diminish COVID-19 infections. These are
hard scientific facts and the lack of clear, comprehensive, and
mandatory measures to protect transportation workers and passengers
from the COVID-19 virus has cost lives and spread infections among co-
workers, into their local communities and across the nation.
We must do better. There is hope on the horizon with a vaccine, new
plans by the Biden administration to double the Nation's testing
capacity, and to mobilize 100,000 Americans in a new U.S. Public Health
Jobs Corps to conduct contact tracing, and implement a national mask
mandate.
I look forward to hearing from our witnesses today about these
important issues.
With that I yield to Ranking Member Graves. Thank you.
Mr. Graves of Missouri. Thank you, Chairman DeFazio.
And I appreciate our witnesses being here today to testify
about the impact of the COVID pandemic and what impact it is
having on transportation workers and how we can continue
forward through a safe recovery.
The pandemic has ravaged our country since the first case
was reported in January 2020. Many workers can't work virtually
like we are today and continue to show up in person to perform
those essential services that we all rely upon. Notably, this
includes our frontline transportation workers that make sure
our grocery store shelves are stocked, that safely transport
people across the country and ensure that our frontline workers
can get to their jobs to help serve the public.
Just like the overall economy, different sectors of the
transportation economy have been affected or been impacted in
different ways by the coronavirus. Since the last time that we
examined this topic, Congress has authorized an unprecedented
amount of $113 billion to support different sectors of the
transportation industry to ensure that workers stay employed
and that these businesses can bounce back quickly. This
assistance includes grants totaling $60 billion for airlines,
airports, and their contractors; $39 billion for transit
systems; $10 billion for State departments of transportation;
$2 billion for Amtrak, and $2 billion for motorcoach operators,
schoolbus companies, and passenger ferries. We need to ensure
that all of this money leaves the Federal Government and gets
to the intended recipients as soon as possible.
Moving forward through the recovery, we must make safe,
smart, and responsible decisions to get our workforce going and
businesses hiring again. This is going to affect our ability to
restart and reconnect supply chains that are key to the
economic recovery. As Americans get back to traveling, they
need safe and effective measures to give them the confidence
that they need to return, but we also have to ensure that the
workers providing these transportation services are safe as
well.
I am glad we have the opportunity today to hear directly
from frontline workers about their experiences during the
pandemic. Thank you again for participating today, but more
importantly, thank you for keeping the country, our country,
moving in these very difficult times. Thank you very much.
And, with that, I yield back, Mr. Chairman.
[Mr. Graves of Missouri's prepared statement follows:]
Prepared Statement of Hon. Sam Graves, a Representative in Congress
from the State of Missouri, and Ranking Member, Committee on
Transportation and Infrastructure
Thank you, Chair DeFazio. I appreciate our witnesses being with us
today to testify about the impact that the COVID pandemic is having on
transportation workers and how we can continue forward through a safe
recovery.
The pandemic has ravaged our country since the first U.S. case was
reported in January 2020. Many workers can't work virtually like we are
today and continue to show up in-person to perform the essential
services that we all rely upon. Notably, this includes our frontline
transportation workers that make sure our grocery store shelves stay
stocked, transport people safely across the country, and ensure that
other frontline workers can get to their jobs to help serve the public.
Just like the overall economy, different sectors of the
transportation economy have been impacted in different ways by the
coronavirus. Since the last time we examined this topic, Congress has
authorized an unprecedented amount of $113 billion to support different
sectors of the transportation industry to ensure that workers stay
employed and that these businesses can bounce back quickly. This
assistance includes grants totaling $60 billion for airlines, airports,
and their contractors; $39 billion for transit systems; $10 billion for
state departments of transportation; $2 billion for Amtrak; and $2
billion for motorcoach operators, school bus companies, and passenger
ferries. We need to ensure that all of this money leaves the federal
government and gets to the intended recipients as soon as possible.
Moving forward through the recovery, we must make smart, safe, and
responsible decisions to get our workforce going and businesses hiring
again. This will affect our ability to restart and reconnect supply
chains that are key to economic recovery.
As Americans get back to traveling, they need safe and effective
measures to give them the confidence needed to return. But we also must
ensure that the workers providing these transportation services are
safe.
I'm glad we have the opportunity today to hear directly from
frontline workers about their experiences during the pandemic. Thank
you for participating today, but more importantly thank you for keeping
our country moving even in these difficult times.
Mr. DeFazio. I thank the ranking member.
I would now like to welcome witnesses on our panel:
Professor David Michaels, Department of Environmental and
Occupational Health, Milken Institute School of Public Health,
George Washington University; Ms. Sara Nelson, international
president, Association of Flight Attendants-CWA; Mr. Lewie
Pugh, executive vice president, Owner-Operator Independent
Drivers Association; Mr. Ismael Rivera, a bus operator for Lynx
and member of ATU, Amalgamated Transit Union Local 1596,
Orlando; Professor William Bahnfleth, a professor of
architectural engineering from Pennsylvania State University,
chair of the ASHRAE Epidemic Task Force; and the Honorable Joe
Buscaino, councilman, Los Angeles City Council, past president,
National League of Cities, on behalf of the National League of
Cities.
Thank you for joining us today. We look forward to your
testimony.
Without objection, our witnesses' full statements will be
included in the record, and they have been distributed prior to
this meeting, and many of us have read your written testimony.
So I would urge that you, you know, you may deviate, you may
expand, expound, you may respond to others who are on the panel
if you come after them. I would like to have something a little
more active than sitting there reading your notes.
With that, you will each be recognized for 5 minutes.
Professor Michaels, you may proceed.
TESTIMONY OF PROFESSOR DAVID MICHAELS, Ph.D., MPH, DEPARTMENT
OF ENVIRONMENTAL AND OCCUPATIONAL HEALTH, MILKEN INSTITUTE
SCHOOL OF PUBLIC HEALTH, THE GEORGE WASHINGTON UNIVERSITY; SARA
NELSON, INTERNATIONAL PRESIDENT, ASSOCIATION OF FLIGHT
ATTENDANTS--CWA, AFL-CIO; LEWIE PUGH, EXECUTIVE VICE PRESIDENT,
OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION; ISMAEL RIVERA,
BUS OPERATOR, LYNX, AND MEMBER, AMALGAMATED TRANSIT UNION LOCAL
1596, ORLANDO, FLORIDA; WILLIAM P. BAHNFLETH, Ph.D., P.E.,
FASHRAE, FASME, FISIAQ, PROFESSOR OF ARCHITECTURAL ENGINEERING,
THE PENNSYLVANIA STATE UNIVERSITY, TESTIFYING ON BEHALF OF HIS
ROLE AS CHAIR, ASHRAE EPIDEMIC TASK FORCE; AND HON. JOE
BUSCAINO, PRESIDENT PRO TEMPORE, LOS ANGELES CITY COUNCIL,
TESTIFYING ON BEHALF OF THE NATIONAL LEAGUE OF CITIES
Mr. Michaels. Thank you, Chairman DeFazio, Ranking Member
Graves, distinguished members of this panel. My name is David
Michaels. I am an epidemiologist and professor at the George
Washington University School of Public Health. From 2009 to
2017, I served as Assistant Secretary of Labor for the
Occupational Safety and Health Administration, the longest
serving Administrator in OSHA's history. From 1998 to 2001, I
was Assistant Secretary for Environment, Safety, and Health at
the U.S. Department of Energy, protecting the workers, the
communities, and the environment around the Nation's nuclear
weapons facilities.
Since this pandemic began, much of my work has focused on
improving the protection of workers exposed to the virus that
causes COVID-19. I was a member of the Biden-Harris COVID-19
Advisory Board and served on the National Academies' expert
panel that developed the framework for equitable vaccine
allocation.
COVID-19 has created an unprecedented public health crisis
with a huge impact on the transportation sector. Workers need
better protection to avoid illness and death. Passengers need
reassurance they can travel without fear of infection. And the
industry needs safe workers and willing passengers to survive
in this difficult period. We don't know how many workers have
developed or died from COVID after workplace exposures, but
there are many studies demonstrating that exposure in
transportation greatly increases risk of disease.
We have to protect transportation workers and passengers
from COVID, and we know how to do it. Every transportation
system must develop a plan to prevent virus exposure. Look,
infection control is not simple or easy, and it requires the
active cooperation of everyone involved. Plans must be
developed, implemented, and evaluated collaboratively with the
workers and, if there is one, the workers' union.
This infection control plan must be based on what we call
the hierarchy of controls. This is a widely applied set of
principles to prevent workplace health hazards. It is the basis
for modern industrial hygiene and for all of OSHA's health
standards.
The most effective way to reduce exposure is to make sure
that people who may be spreading the virus stay home. Workers
need to be supported financially to enable them to quarantine
or to isolate, and small employers may need help paying for
this. Enacting emergency sick leave support should be a very
high legislative priority.
Masking is the next step in keeping the virus out of the
air of a workplace. The CDC now requires all passengers and
workers on global and interstate transportation to be masked.
This will no doubt save many lives.
But once the virus gets into the air, individuals must be
kept far apart. Six feet apart is the often-cited requirement,
but this is an arbitrary distance, and more is always better.
And even 6 feet is impossible in many transportation settings,
underscoring the need for mandatory masks, maximizing
ventilation, and ensuring appropriate filtration.
In many cases, ventilation and filtration on buses and
other modes of public transportation will need to be improved.
OSHA, the Federal agency charged with ensuring worker safety
and health, has just strengthened its COVID safety
recommendations and, as you heard, is likely to soon finally
issue an emergency standard, including requirements for masks,
distance, and ventilation, as well as, very importantly,
protection against retaliation for workers who raise safety
concerns.
Effective enforcement of public health rules will require
active collaboration between the Transportation Security
Administration, DOT agencies, OSHA, and transportation
employers and unions. However, many of the transportation
workers at highest risk for COVID are not covered by OSHA. DOT
agencies with weak or no worker protections have preempted
OSHA's authority. The result is that for large numbers of
transportation employees, their workplaces are OSHA-free zones.
This committee should strongly encourage DOT agencies to
quickly develop joint regulatory and enforcement efforts with
OSHA.
Prioritizing vaccination of transportation workers at high
risk is also of great importance. The Federal Government should
establish a vaccination program specifically for workers
involved in interstate or global travel by land, air, and sea,
and provide the vaccines at hubs and ports they pass through
for their work.
So, in summary, the Federal Government must take strong
actions to ensure the safety of passengers who rely on
transportation systems, their workers, and the communities in
which passengers and workers live. If transportation is not
safe, we will not be able to stem this pandemic and return the
economy to normalcy. Thank you very much.
[Mr. Michael's prepared statement follows:]
Prepared Statement of Professor David Michaels, Ph.D., MPH, Department
of Environmental and Occupational Health, Milken Institute School of
Public Health, The George Washington University
Thank you, Chairman DeFazio and Ranking Member Graves for inviting
me to testify at this important hearing addressing the COVID-19
pandemic, one of the most pressing and difficult issues facing the
nation today.
My name is David Michaels. I am an epidemiologist and Professor of
Environmental and Occupational Health at the Milken Institute School of
Public Health of George Washington University. The views expressed in
my testimony are my own and do not represent the views of George
Washington University.
From 2009 until January 2017, I served as Assistant Secretary of
Labor for the Occupational Safety and Health Administration (OSHA), the
longest serving Assistant Secretary in OSHA's history. From 1998 to
2001, I was Assistant Secretary of Energy for Environment, Safety and
Health, charged with protecting the workers, community residents and
environment in and around the nation's nuclear weapons facilities. I am
currently a member of the Board of Scientific Counselors of the US
National Toxicology Program, appointed by Health and Human Services
Secretary Alex M. Azar in 2019.
Since the COVID-19 pandemic began, much of my work has focused on
improving the protection of workers exposed to SARS-CoV-2.\1\ \2\ I was
a member of the Biden-Harris Transition COVID-19 Advisory Board; served
on the National Academy of Sciences, Engineering and Medicine's expert
panel that developed a Framework for Equitable Allocation of Vaccine
for the Novel Coronavirus; and am a member of the Lancet COVID-19
Commission's Task Force on Safe Work, Safe School, and Safe Travel.
---------------------------------------------------------------------------
\1\ Michaels D, Wagner GR. Occupational Safety and Health
Administration (OSHA) and Worker Safety During the COVID-19 Pandemic.
JAMA. 2020;324(14):1389-1390. doi:10.1001/jama.2020.16343
\2\ Michaels D. Wagner GR. Halting Workplace COVID-19 Transmission:
An Urgent Proposal to Protect American Workers. The Century Foundation.
October 15, 2020. Available at: https://tcf.org/content/report/halting-
workplace-covid-19-transmission-urgent-proposal-protect-american-
workers/
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COVID-19 has created an unprecedented public health crisis, one
that has had a huge impact on the transportation sector. Workers need
better protection to avoid illness and death, passengers need
reassurance that they can travel without fear of infection and the
industry needs safe workers and willing passengers to survive in this
difficult period.
My testimony today focuses on the COVID-19 risks facing workers and
passengers who travel by air, bus, train, ship and mass transit. While
many of the challenges facing this sector are similar to those facing
other essential industries, there are aspects that are unique and
require approaches and solutions that are new, bold and immediate.
The United States is facing a massive worker safety crisis. As the
COVID-19 pandemic has continued to devastate the nation, millions of
workers continue to risk their lives by continuing to go into work to
care for the nation's sick and elderly, to help families put food on
their tables, to ensure public safety and to get people to and from
work and to destinations near and far. The toll on these essential
workers--and on their families and communities--has been enormous.
There are inadequate data on the extent of COVID-19 infection
related to exposures in the US in general and, specifically, in the
transportation sector. The federal government collects almost no data
on the job or occupation of most cases of COVID-19. Anecdotally, we
learn of powerful tragic stories, like that of Jason Hargrove, a bus
driver from Detroit who died of COVID-19 eleven days after he reported
on a video about a passenger on his bus who was openly coughing without
covering her mouth. Articles in the press have alerted the public to
the large number of cases and deaths among passengers and workers on
cruise ships, as well as the suicides that have occurred among the tens
of thousands of workers who have been stranded on these ships after the
passengers were allowed to disembark.
As you are hearing today from other panelists, unions representing
transportation sector workers have seen large numbers of members
sickened and, in many cases, killed by the virus, but comprehensive
statistics on workers or passengers are unavailable.
There is no question that, without adequate protections, the risk
of infection is high among both transportation passengers and workers.
There are numerous studies demonstrating that exposure in
transportation greatly increases risk of COVID-19. In one outbreak
reported from China that occurred early in the epidemic, before
precautions were implemented, a single individual transmitted the virus
to more than one-third (23 of 67) of their fellow passengers on a bus
trip of just a few hours.\3\
---------------------------------------------------------------------------
\3\ Shen Y, Li C, Dong H, et al. Community Outbreak Investigation
of SARS-CoV-2 Transmission Among Bus Riders in Eastern China. JAMA
Intern Med. 2020;180(12):1665-1671. doi:10.1001/jamainternmed.2020.5225
---------------------------------------------------------------------------
Having virtually no reliable data on work-related COVID-19 in the
United States, we must look to studies undertaken aboard. There is
convincing empirical evidence from studies in other countries that
workers employed in transportation, including flight attendants and bus
drivers, are at greatly increased risk for infection.
A study of COVID-19 cases by occupation in Norway, where there are
complete data on occupation of cases, found that in the first wave of
the pandemic (Feb 26-July 17, 2020), bus and tram drivers had a more
than five-fold excess risk of infection. By the second wave (July 18-
October 20, 2020) when improved precautions were implemented, these
drivers still had a 70% increased risk of infection, but the risk of
infection among travel attendants and travel stewards, a category that
includes flight attendants, had almost five-fold excess risk.\4\
---------------------------------------------------------------------------
\4\ Magnusson K, Nygard K, Methi F, Vold L, Telle K. Occupational
risk of COVID-19 in the 1st vs 2nd wave of infection. medRxiv doi:
https://doi.org/10.1101/2020.10.29.20220426
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Bus and coach drivers were also found to have elevated risk of
death from COVID-19 in the United Kingdom,\5\ and, in Sweden, bus and
taxi drivers have ``substantially heightened'' risk of both COVID-19
infection and death.\6\
---------------------------------------------------------------------------
\5\ United Kingdom Office of National Statistics. Coronavirus
(COVID-19) related deaths by occupation, England and Wales: deaths
registered between 9 March and 28 December 2020. Jan. 25, 2021.
Available at: https://www.ons.gov.uk/peoplepopulationandcommunity/
health
andsocialcare/causesofdeath/bulletins/
coronaviruscovid19relateddeathsbyoccupationengland
andwales/deathsregisteredbetween9marchand28december2020#men-and-deaths-
involving-
covid-19-by-occupation
\6\ Sunnee B, Maria B, Siddartha A, Sven D, Gunnar A, Eleonora M.
Deaths in the frontline: Occupation-specific COVID-19 mortality risks
in Sweden, 2020. Available at: https://su.figshare.com/articles/
preprint/Deaths_in_the_frontline_Occupation-specific_COVID19_
mortality_risks_in_Sweden/12816065/2
---------------------------------------------------------------------------
We know what is necessary to protect both transportation workers
and passengers. Every organization that operates a transportation
system must develop a plan to prevent virus exposure. Infection control
is not simple or easy and requires the active cooperation of everyone
involved. In general, successful hazard control initiatives require
worker involvement in all aspects of Safety and Health Management
System. This is even more true of an infection control plan; workers
have the most to lose if the plan fails, but if they do not have some
ownership in the program, it is less likely to succeed. For these
reasons, the plan can't simply be imposed by fiat. It must be
developed, implemented, and continuously evaluated with the input and
collaboration of the workers, including, if there is one, the workers'
union.
The infection control plan must be based on the ``hierarchy of
controls'', the widely applied set of principles to prevent workplace
health hazards that is the basis for OSHA's policies and the modern
practice of industrial hygiene. The application of the hierarchy of
controls to the prevention of virus transmission in transportation is
outlined below.
The most effective way to reduce exposure is to keep people who may
be spreading the virus home. Workers need to be supported financially
to enable them to quarantine or isolate as appropriate and requiring
this of small employers may be particularly burdensome. There is
compelling evidence that the emergency sick leave provision of the
bipartisan Families First Coronavirus Response Act (FFCRA) was
successful in not only providing badly needed financial support for
workers who were required to isolate or quarantine, but in helping
prevent hundreds of COVID-19 cases.\7\ Unfortunately, this life-saving
program ended Dec. 31, 2020. Government support for paid sick leave
helps prevent transmission to passengers and other workers and levels
the playing field for employers. Renewing this program should be a very
high legislative priority.
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\7\ Pichler S, Wen K, Ziebarth NR. COVID-19 Emergency Sick Leave
Has Helped Flatten The Curve In The United States. Health Affairs
2020:39(12). Available at https://www.healthaffairs.org/doi/10.1377/
hlthaff.2020.00863
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Since it will not be possible to ensure that all potentially
infectious individuals remain at home, the next steps are to limit
exposure to the virus. It is now understood that the virus can be
spread by tiny aerosol particles and by larger, although still tiny,
droplets. Masking is the first line of source control; facial covering
will prevent much of the virus exhaled by an infected person from
entering the environment. Once the virus is in the air, efforts must be
made to prevent it from being inhaled by others, preferably by
eliminating it from the environment. It is of great importance to keep
individuals (even masked individuals) as far apart as possible. The
often-cited requirement is six feet between people, but that is an
arbitrary distance, and more is always desirable. But even six feet is
impossible in most transportation settings. This underscores the
particular need for mandatory masks, maximizing ventilation, and
ensuring appropriate filtration systems. In many cases, ventilation and
filtration on buses and other modes of public transportation will need
to be improved.
In some situations of high exposure risk, workers may be given
personal protective equipment (PPE), such as N95s or other respirators.
These have a different objective than the masks discussed above. Those
are to reduce viral load in the air and do not protect the individual
from exposure; PPE is meant to protect the wearer.
Hand sanitation and disinfection must be included in the infection
control plans, as well. Workers must be given the opportunity, proper
disinfecting agents, and enough time to wash their hands and take any
other precautions necessary to reduce exposure risk.
Whistleblowers play a vital role in identifying hazards and
protecting themselves and their coworkers. Employers should welcome the
concerns they raise, because workers are often the first to spot
conditions that may result in exposure to themselves, to other workers,
or to the public. From the first report of a Washington State physician
being fired after raising safety concerns,\8\ there have been numerous
reports of retaliation against workers for raising safety concerns with
their employer or with OSHA, or for using their own personal protective
equipment when management did not supply adequate protection.\9\
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\8\ Judd R. Backed by ACLU, whistleblowing doctor sues Bellingham
hospital after he was fired for raising coronavirus concerns. Seattle
Times, May 28, 2020. https://www.seattletimes.com/seattle-news/aclu-
joins-ousted-doctor-ming-lin-in-lawsuit-against-bellingham-hospital
\9\ Berkowitz D. OSHA Must Protect Whistleblowers Who File
Retaliation Complaints. National Employment Law Program. October 8,
2020, Available at: https://www.nelp.org/publication/osha-failed-
protect-whistleblowers-filed-covid-retaliation-complaints
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For these reasons, plans must include provisions to encourage
workers to raise concerns, along with assurances that they will not
suffer retaliation if they do. This sort of retaliation is against the
law under numerous transportation statutes as well as the OSHA law, and
employers should know they risk significant penalties for violating
these statutes.
One aspect of the pandemic that crosses all sectors is the failure
of leadership of the previous administration. There was no national
plan for addressing the pandemic and reducing virus transmission in
workplaces, schools or transportation. Much of this was left to the
states, which, given the interstate or global nature of transportation,
meant that little or nothing was done by government agencies to
mitigate exposure on all commercial modes of interstate travel. Both
the Occupational Safety and Health Administration and the Department of
Transportation (DOT) refused to issue enforceable regulations to
protect workers, or, in the case of DOT, passengers and workers.
Efforts by the Centers for Disease Control and Prevention (CDC) to
require masks in transportation were blocked by the White House.\10\
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\10\ Kaplan S. White House Blocked C.D.C. From Requiring Masks on
Public Transportation. October 9, 2020. Available at : https://
www.nytimes.com/2020/10/09/health/coronavirus-covid-masks-cdc.html
---------------------------------------------------------------------------
Fortunately for the nation, the Biden Administration is now
stepping up efforts to prevent community and workplace transmission.
There is now a national plan to control the pandemic and enhanced
workplace protections are a component of this plan.
The CDC has issued an order, effective February 1, 2021, requiring
all passengers and workers on global and interstate transportation wear
masking:
This Order must be followed by all passengers on public
conveyances (e.g., airplanes, ships, ferries, trains, subways,
buses, taxis, ride-shares) traveling into, within, or out of
the United States as well as conveyance operators (e.g., crew,
drivers, conductors, and other workers involved in the
operation of conveyances) and operators of transportation hubs
( e.g., airports, bus or ferry terminals, train or subway
stations, seaports, ports of entry) or any other area that
provides transportation in the United States.
People must wear masks that cover both the mouth and nose
when awaiting, boarding, traveling on, or disembarking public
conveyances. People must also wear masks when entering or on
the premises of a transportation hub in the United States.\11\
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\11\ US Centers for Disease Control and Prevention. Federal
Register Notice: Wearing of face masks while on conveyances and at
transportation hubs. Available at: https://www.cdc.gov/quarantine/
masks/mask-travel-guidance.html
Enforcement will require active collaboration between the
Transportation Security Administration, Department of Transportation
agencies and transportation systems. The Biden Administration is also
increasing efforts to speed up vaccine production and vaccination
rates, but until most of the nation is vaccinated, stopping exposure in
transportation will remain of paramount importance, and a significant
challenge. There are structural reasons this will be particularly
difficult for the transportation sector.
OSHA, the primary federal agency with authority in worker safety
and health, has strengthened its recommendations for worker protections
and is likely to issue an Emergency Temporary Standard which would
apply to the millions of employers under that agency's authority.
However, for the most part, many of the workers in the
transportation sector most at risk for exposure to COVID-19 are not
covered by OSHA regulations or enforcement. Section 4(b)1 of the OSHA
law states:
Nothing in this Act shall apply to working conditions of
employees with respect to which other Federal agencies . . .
exercise statutory authority to prescribe or enforce standards
or regulations affecting occupational safety or health.
Applying this unfortunate part of the OSHA statute, many DOT
agencies with weak or no worker protections or enforcement have pre-
empted or significantly restricted the application of OSHA regulations.
The result is that for large numbers of transportation employees, their
workplaces are OSHA-free zones.
In addition, OSHA does not cover public employees in twenty-four
states which means that transportation workers who are employed by
public entities have no legal right to a safe workplace in those
states.
It is important for the safety of transportation workers that
Congress pass legislation providing OSHA protections to public
employees and that requires OSHA and the Department of Transportation
to reach an agreement providing protection for transportation employees
equal to that provided other workers as a result of OSHA's Emergency
Temporary Standard.
One of the lessons of the first ten months of the pandemic in the
US is that voluntary government recommendations are not adequate to
protect workers and the public. General recommendations for mask use
were ignored by a sizable minority of people, contributing to
uncontrolled spread in many locations. For example, OSHA and CDC
recommendations to employers in the meat and poultry industry have not
been successful in stemming workplace transmission in this industry.
By making only recommendations, federal agencies shift the burden
of enforcement on to employers. Recalcitrant passengers are far more
likely to follow requirements if they are imposed by federal or state
agencies, compared with policies of the operator, who have little
ability to punish passengers who refuse to comply. Further, federal
regulations level the playing field so that, if investment is required,
employers who want to do the right thing and protect their employees
are not at a disadvantage competing with low-road employers who have
less commitment to worker safety.
The objective must be to stop exposure to the virus in all modes of
transportation in which people from unrelated households travel. The
CDC's mask requirement is a valuable and vitally important first step.
Now is the moment for federal transportation agencies to take the steps
necessary to require all transportation systems and the transportation
hubs under its jurisdiction to develop and implement comprehensive
infection control plans applying the hierarchy of controls. The details
of these required plans will need to be developed by federal public
health experts, with the input of employers and unions representing the
workers involved.
While these must be enforceable requirements to be effective, at
the moment, it will be extremely difficult for the DOT agencies
involved to actually enforce them. To enhance enforcement, some DOT
agencies may have to cede some authority to OSHA. This can be done; in
2014, the FAA and OSHA signed a a Memorandum of Undertanding enabling
OSHA to enforce its hazard communication, bloodborne pathogens and
noise standards to the working conditions of aircraft cabin crewmembers
while they are on aircraft in operation.\12\ This committee should
strongly encourage these agencies to quickly develop joint regulatory
and enforcement efforts with OSHA.
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\12\ Memorandum of Understanding between the Federal Aviation
Administration and the Occupational Safety and Health Administration.
Occupational Safety and Health Standards for Aircraft Cabin
Crewmembers. Aug. 26, 2014. Available at: https://www.faa.gov/about/
initiatives/ashp/media/FAA_OSHA_MOU_2014.pdf
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Given the extent of exposure among transportation workers,
prioritizing vaccination of those workers at high risk is of great
importance. However, the state-based system of vaccine allocation may
make this prioritization more difficult, since workers involved in
interstate and global transportation are often in cities other than
those that they call home. (While this is a significant concern for
many transportation workers, it is a particularly intractable problem
for seafarers, who are at elevated risk of workplace exposure and
disease, and who have little ability to register for and receive a
vaccination in their home state in a timely manner.) The federal
government should establish a comprehensive COVID-19 vaccination
program specifically for transportation workers and provide the
vaccines at hubs that they pass through for work.
In summary, ensuring the safety of passengers who rely on
transportation systems, their workers, and the communities in which
passengers and workers live, is of critical importance to the future of
the country. If transportation is not safe, we will not be able to stem
the epidemic and return the economy to normalcy.
I urge this committee to do all within its power to advance
programs that prevent transmission of COVID-19 in all means of
transportation under its jurisdiction. Universal masking is an
important step, but it is not sufficient. Workers and passengers need
operators to develop and implement comprehensive infection control
plans based on the hierarchy of controls. DOT agencies must collaborate
with OSHA and other federal agencies to enforce this requirement.
Mr. DeFazio. Thank you, Dr. Michaels.
We would now proceed to Ms. Sara Nelson, Association of
Flight Attendants, president.
Ms. Nelson. Thank you, Chairman DeFazio and Ranking Member
Graves, and the members of the committee for the opportunity to
testify today.
Together, we are tackling the worst public health crisis in
over 100 years and a financial crisis deeper than all previous
economic disrupters combined that our industry has faced in its
100-year history.
In the absence of a Federal plan, until recent days with
the Biden administration, I want to recognize the airline
industry for working with unions on safety measures, such as
required mask policies for airports and airplanes. Receiving
backing from the Federal Government on these mask requirements
makes all the difference for flight attendants, passenger
service agents, and TSA officers who are tasked with ensuring
travelers comply.
It has been difficult and combative at times without clear
instruction to the public. We applaud FAA Administrator Steve
Dickson for his strong statements and emergency order to make
clear there will be no second chances for passengers who fail
to comply with crewmember instructions that keep everyone safe.
Violators will face the Federal penalties of up to $35,000 and
imprisonment. This zero tolerance policy is in effect through
the end of March, and we encourage the FAA to extend it.
Aviation is critical for vaccine distribution, and the
people on the front lines of aviation need priority. We
encourage the Federal Government to set up vaccine clinics at
major airports and make it easy for airline crewmembers to
access both their first and second doses. This will maximize
efficacy of the vaccine and prevent wasted doses.
Until we can contain the virus and fully open our economy,
the airline industry will continue to operate at massive
losses. The good news is that, with the support of this
committee, and Chairman DeFazio leading the way, we created the
first Federal relief program that is truly workers first, which
covered 2.1 million workers under the CARES Act through
September 30th of 2020. When it was not extended, furloughs,
separations, and no-paid status began on October 1, affecting
hundreds of thousands of workers and those still working. The
late December emergency relief continued the same requirements
of the original CARES Act PSP: no furloughs or layoffs, and
reinstatement of pay as of December 1 through March 31, no cuts
to hourly wage rates, maintain and restore service to all
communities, caps on executive compensation for 2 years beyond
the relief period, and a ban on stock buybacks and dividends.
This workers first plan, we hoped, would be a template for
relief across other industries. It looks much like the
successful programs we have seen in Europe except that in this
country, it is even more valuable because healthcare is also
tied to employment. We need to extend the PSP through September
30th of 2021 with a $15 billion Payroll Support Program, and we
thank this committee for promoting this as part of the COVID
relief package Congress is working to secure for Americans in
the coming weeks.
The program is the best use of the public's money because
it uses the payroll systems, the airlines, and contractors
already in place. Workers continue to pay taxes, supporting
their cities' and States' tax base, continue Social Security
contributions, Medicare and more. Healthcare, pension, and
retirement contributions, sick leave programs, and other
protections remain in place.
When the program lapsed, furloughs caused certification and
security credentials to lapse too. Nearly 3 months of furloughs
caused a 4-month recovery of the credentials to get everyone
back to work. Without an extension, this problem will grow
exponentially.
Airline workers are getting back in place to support
vaccine distribution and recovery. We support 1 in 14 jobs in
this country. PSP supports the best public health decisions, no
cost-cutting strains on safety and health policies. In the long
term, airline balance sheets are already loaded up on debt.
Debt-heavy balance sheets will lag recovery and create downward
pressure on good jobs and hurt consumers too. There were
endless arguments about why PSP makes sense on a Government
balance sheet, but this is really about the people: the flight
attendant who sought this union job because she had Crohn's
disease and needed regular preventive care in order to live a
normal life but who without it becomes so ill, she can't even
look for another job. The flight attendant who cares for
elderly parents and whose sister and husband lost their jobs
during COVID but have children to provide for, and so the
entire family moved in together, and he became the sole
provider thanks to PSP. The flight attendant who was forced to
work more during the furloughs because in a cost-cutting
environment, productivity is driven high. She was displaced
from her home base and sent to spend more time on an airplane
to get to work out of Philadelphia instead of Phoenix. She lost
her life due to COVID just this past week.
Furloughs disproportionately affect women and people of
color and force an older workforce to leave home more often to
work with greater risks of serious effects of the virus.
Aviation has a long history of collaboration among Government,
industry, unions, scientists, and consumers. We can beat COVID
and emerge stronger, and let's do this together. I look forward
to your questions. Thank you.
[Ms. Nelson's prepared statement follows:]
Prepared Statement of Sara Nelson, International President, Association
of Flight Attendants--CWA, AFL-CIO
Introduction
My name is Sara Nelson. I am a twenty-five year union flight
attendant and president of the Association of Flight Attendants--CWA,
AFL-CIO (AFA), representing 50,000 flight attendants across the
industry. Thank you for the opportunity to testify today on what we are
experiencing in our work environment during this pandemic and how
uniform safety policies can mitigate risks and instill confidence for
the traveling public.
Exactly one year ago, on February 4, 2020, responding to concerns
voiced by rank-and-file Flight Attendants and in consultation with
infectious disease experts, our union called for the administration to
create and implement a coordinated, comprehensive federal plan to
contain and combat the virus. Aviation plays an important role in
stopping the spread of communicable disease. Our requests for
leadership and efforts to coordinate with government went unanswered by
the previous administration. In the year since, the pandemic has
battered our economy, devastated the aviation industry, and killed more
than 440,000 Americans.
The health and economic impacts of COVID-19 still loom large for
our industry. Keeping passengers and crew safe is our top priority.
Payroll Support Program (PSP)
While new health and safety standards for air travel are critical
to the recovery of the industry, these measures are only possible
because of Congress' unprecedented and bipartisan support for aviation
workers over the past year. And, I underscore that the reforms you
consider today will only succeed if Congress maintains that financial
support.
Members of this Committee joined together nearly one year ago to
pass a historic workers' first relief package for aviation workers in
the CARES Act. The result was the Payroll Support Program (PSP), the
most successful jobs program in the CARES Act. PSP was designed with a
single purpose: to keep aviation workers--gate agents, flight
attendants, mechanics, caterers, and pilots--paid, connected to
healthcare, out of the unemployment lines, and ready to lift the entire
country. This program is the best use of public funds because it used
systems already in place through airline payrolls, kept benefits and
payroll taxes in place, and maintains the basis for retirement security
both in terms of government programs and contractual or company policy
retirement benefits. Aviation workers were able to have certainty and
continue spending into the economy. Fundamentally, it allowed us to
take care of ourselves so our country could focus on those who were
sick or vulnerable.
Under the terms of the program, funding for PSP goes exclusively to
maintaining the salaries, wages, and benefits for aviation workers.
Corporate restrictions during the relief period and for years after
include, no dividends, no stock buybacks, and unprecedented limits on
executive compensation. It conditions the carriers' receipt of federal
funds on making no involuntary furloughs or layoffs. Participating
carriers must also maintain levels of scheduled service, critical to
small communities. In the pandemic this was especially important to
ensure well-functioning health care and pharmaceutical supply chains to
serve small and remote communities.
PSP has been an overwhelming success, responsible for saving
hundreds of thousands of jobs in our industry, and maintaining critical
spending in our communities, where every aviation job supports 3.55
additional jobs.
Last October, when the program expired prematurely, the impact was
immediately clear. The airlines' dire warnings turned into immediate
and massive furloughs and layoffs. Even more aviation workers took
unpaid leave to save healthcare, or had to make hard decisions like
moving across the country in the middle of the pandemic in order to
keep the job. The furlough numbers only tell a fraction of the story of
the impact on the workforce. Only a short-term extension in Congress'
end of year emergency relief forestalled a workforce disaster.
I share this background to underscore a point that members of the
Committee make all the time. The recovery of our nation's health and
our economy are inextricably linked. Long overdue federal coordination
on safety measures will help protect our passengers and aviation
workers, and with it payroll support is essential.
As we warned prior to the furloughs on October 1, furloughed
workers while back on payroll as of December 1 with the emergency
relief will not all be qualified to work until the end of March. Two to
three months of furloughs caused a three to four month recovery of the
infrastructure. Without an extension, this problem grows exponentially
and this demonstrates the unique issue in aviation with job loss.
PSP allows airlines to maintain staffing levels necessary to keep
air routes open and keep passengers safe. As we fight our way to the
other side of this pandemic, we need a robust crew list to ensure no
worker goes to work when they aren't feeling well and to avoid travel
disruption when crew call out sick. During the holiday travel season,
when PSP had lapsed and crews were involuntarily furloughed, we saw a
preview of the kind of disruption that can be caused when airlines do
not have reserve staff on hand to manage absences caused by the virus
or weather-related disruptions. In a diverse field, widespread
furloughs hit women and people of color the hardest. Those who remain
on the job are older and more likely to have complications from COVID,
and they are forced to work more during furloughs.
When PSP was originally put in place in March 2020, the assumption
or hope was that the country would be on its way to recovery by the
fall. The opposite happened and by the fall the only thing we knew for
certain about COVID was that there was no certainty about when recovery
would occur. Now we know more. We have a vaccine and an administration
with a plan. But we know revenues will continue to suffer by staggering
numbers for at least the first half of this year. International network
airlines are still losing up to 30 million dollars a day. Considerable
liquidity makes it possible for airlines to ``weather the storm'' with
furloughs and deep cost cuts, but the result is felt by workers and
consumers. In the long term, debt heavy balance sheets will lag overall
economic recovery and create downward pressure on good jobs.
Current emergency funding supports aviation jobs through March 31,
2021. But, airlines schedule two months in advance and the process of
job cuts for April 1 has already begun. Essential workers have been
living with incredible chaos and uncertainty. The furloughs are felt by
the entire workforce. The continuation of PSP can't wait.
A PSP extension through September 30, 2021 will keep hundreds of
thousands of airline workers current with certifications and security
clearances that will be necessary when more normal travel can finally
resume. I appreciate the Committee's continued support for this job-
saving program.
Providing consistent and ready access to vaccines
Interstate transportation workers--including airline crewmembers--
are essential to the U.S. economy, ensuring the transport of people and
goods (including vaccines) across state lines, on the ground and in the
air. These essential workers who cross state lines every day to carry
out interstate commerce should be covered by a federal vaccination
program. Providing clearly-defined access to vaccinations is
particularly urgent, given the emerging threat of new viral strains.
State programs are inconsistent in how they prioritize the vaccination
for crewmembers. We propose DOT, in coordination with other federal
agencies, run a federal vaccination program that reflects CDC's Tier 1B
priority vaccination (alongside public transit workers and other
essential workers) for frontline aviation workers.
Flight attendants, in particular, have contact with a large number
of people every day, typically crossing state lines, putting them at
increased risk of infection.\1\ To facilitate an efficient vaccination
rollout for this highly mobile workforce, the federal government should
set up vaccination clinics at major airports to make it easy for
airline crewmembers to access both their first and second doses,
without disrupting their travel schedules. Doing so would also maximize
the efficacy of the vaccine and prevent wasted doses.
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\1\ A 2020 Norwegian population study regarding the risk of COVID-
19 by occupation concluded the following: ``[B]artenders, waiters,
travel stewards, bus, tram, and taxi drivers had a higher risk of
infection than other occupation groups in the 1st and/or 2nd wave of
infection, and they also typically have contact with many different
people in their work possibly exposing many people if they are not
aware that they are infected.'' Note that ``travel stewards'' includes
flight attendants and their counterparts on ships. Reference:
Magnusson, K; Nygard, K; Vold, L; and Telle, K. (2021) ``Occupational
risk of COVID-19 in the 1st vs 2nd wave of infection,'' medRxiv
preprint, doi: https://doi.org/10.1101/2020.10.29.20220426; posted Nov.
3, 2020.
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Ultimately, widespread vaccination is the only path to sustained
recovery for the airline industry. Prioritizing access to vaccinations
for airline crewmembers will improve safety and public confidence in
airline travel. Airline crewmembers who are vaccinated will be ready to
report for work, assuring their ability to support the distribution of
vaccines to communities across the United States.
Confidence in the safety of aviation
Commercial aviation depends on consumer confidence that flying is
safe. Traditionally, aviation safety has been concerned with accidents
and terror-related threats but, today, viral spread is first and
foremost on the minds of most passengers. Simply put, American
aviation--and with it many key sectors of our economy like tourism and
travel--will not recover until passenger confidence returns and our
economy can safely open. This Congress and the new administration must
create and promote a culture that puts safety first in order to contain
the spread of COVID-19 in aviation and renew confidence in travel and
trust in our nation's handling of the pandemic. When President Biden
issued his Executive Order titled ``Promoting COVID-19 Safety in
Domestic and International Travel'' on his first full day in office, it
sent a clear message of his Administration's commitment to science and
public health. In tandem, we need the relevant federal agencies to
establish and enforce penalties for those who refuse to follow these
rules in order to keep us all safe. Confidence is not a static concept.
In light of the discovery of COVID-19 mutations that are more
contagious strains, safety procedures must also evolve to reflect the
science and enhanced dangers of the virus.
We support a comprehensive approach to safety that will protect
passengers and crew while rebuilding public confidence in air travel,
including mandating masks, minimizing food/beverage service, mitigating
disruptive passengers, ensuring appropriate access to pay-protected
quarantine, improving notification and contact tracing, maximizing
onboard ventilation and filtration, establishing sanitation protocols,
and prioritizing crewmember access to vaccines. We stand ready to
support Congress and the Administration in the important and necessary
work of implementing these measures.
Mask mandate
On January 29, the Centers for Disease Control and Prevention (CDC)
published a long-awaited mask mandate entitled ``Requirement for
Persons to Wear Masks While on Conveyances and at Transportation
Hubs,'' \2\ to effectuate President Biden's day one Executive Order.
This common-sense requirement aligns with the extensive scientific
findings that facial coverings are the most important line of defense
in crowded environments, particularly where the ability to social
distance is limited. We applaud and are deeply grateful for President
Biden's decisive action, mandating mask-wearing at airports, onboard,
and on ground transportation and for the CDC's timely promulgation of
the order. We now urge the FAA to promote enforcement by mandating
electronic signage at airports and safety announcements onboard and at
the gate.
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\2\ https://www.cdc.gov/quarantine/pdf/Mask-Order-CDC_GMTF_01-29-
21-p.pdf
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We know from experience that the flying public is ready to adapt to
new behaviors when instructions are clear and rules are enforced.
Passengers learned to stop smoking, pack minimal fluids in their carry
ons, and turn off their cell phones for engine start and climb. They
can readily learn to wear a mask if the FAA clearly and repeatedly
defines both the expectation and the penalties for non-compliance. We
applaud Administrator Dickson's recent public campaign to back up crew
who enforce mask policies and other rules to keep everyone safe,
including communicating clearly the consequences for failing to do so.
In addition, when flight attendants' work requires them to take on
additional risk of exposure--such as entering the flight deck with a
pilot who may not be wearing a mask, or providing first aid to a
passenger--airlines should be required to provide a supply of N-95
masks for additional protection.
Any exemptions must be stringent, well-documented and managed
before any passenger arrives at the gate for their flight. When the
smoking ban was proposed, a minority of passengers didn't want to be
told they couldn't smoke onboard. They argued it would be emotionally
hard and that surely there should be exemptions. But the blanket non-
smoking rule was put into effect anyway--without exemptions--because
the Department of Transportation recognized that doing so would improve
safety for everyone, send an unequivocal message about risks posed by
smoking onboard, improve confidence in the safety of travel, and make
compliance much easier.
Protocols in the airports are needed for Customer Service and other
ground personnel. Airlines should provide Personal Protective Equipment
(PPE) including equipment such as face shields to be worn along with
masks. High traffic areas such as ticket counters, waiting areas, jet
bridges and staff lounges must be routinely and thoroughly sanitized to
reduce the risk of infections. These measures are recommended by the
CDC and must be implemented to protect the safety of aviation workers.
To best protect workers, the Communications Workers of America (CWA)
advocates using the Hierarchy of Hazard Controls as a framework for
workplace protections. Multiple types of protections are necessary
based on job hazard assessments, including the use of administrative
controls, e.g. work from home when feasible, reduction in staffing or
staggered schedules, occupancy limits, and distancing.
Minimize onboard food and beverage service to essential items
A 2020 study of COVID-19 infection by occupation in Norway found
that flight attendants and their counterparts working on ships reported
nearly five times the risk of COVID-19 during the second wave of
infection last summer and fall, as compared to the general working
population in Norway, when matched by age and gender.\3\ The only jobs
that posed a higher risk of COVID-19 during that time involved serving
food and beverages. Even health care workers in Norway were at lower
risk than flight attendants during that time. The data is clear:
repeated exposure to unmasked individuals increases the risk of
transmission. For this reason, to protect passengers and flight crews,
it is critical that food and beverage services be reduced to the
absolute minimums.
---------------------------------------------------------------------------
\3\ Magnusson, K; Nygard, K; Vold, L; and Telle, K. (2021)
``Occupational risk of COVID-19 in the 1st vs 2nd wave of infection,''
medRxiv preprint, doi: https://doi.org/10.1101/2020.10.29.20220426;
posted Nov. 3, 2020.
---------------------------------------------------------------------------
Study after study confirms that wearing a mask is the single best
protection against spreading and receiving COVID-19. Modeling data and
population studies both show a strong effect, but only when masks are
worn properly and consistently. As Americans, we are told to wear a
mask in the grocery store and the doctor's office, and if we were to
remove our mask to eat a sandwich or sip a glass of wine in those
environments, we'd be escorted off the premises. Flight attendants work
in one of the most densely-occupied spaces in the world with windows
that don't open, doors that aren't available most of the time, and
limited ventilation.
Until the pandemic is over, the FAA must send a consistent message
about masking up to prevent onboard disease transmission, including
mandatory, regular announcements for passengers to not remove their
mask until the flight attendants have passed their row and, even then,
to only ``dip'' their mask down momentarily to take a bite or sip
(``dip and sip''). AFA recommends that airlines only serve cold food
and drinks on flights less than 1,800 miles or three hours, that drinks
are only distributed in individual cans/bottles, and that onboard
alcohol sales are suspended until the pandemic is over.
Disruptive passengers
Starting in mid-2020 and worsening in 2021, crewmembers have
experienced a notable increase in the frequency and intensity of
disruptive passenger incidents, many of which involve the combination
of alcohol and a refusal to comply with mask rules. AFA is deeply
appreciative of the leadership from FAA Administrator Steve Dickson who
issued a new order on Jan. 13, 2021 \4\ to enhance enforcement and
penalties against disruptive passengers. Under the new order,
passengers are advised there are no warnings or second changes for
passengers who interfere with, physically assault, or threaten to
physically assault aircraft crew or anyone else on an aircraft. They
will immediately and surely face stiff penalties, including fines of up
to $35,000 and imprisonment. Public health measures have been
politically charged and the subject of conflict on our planes. This
action by Administrator Dickson serves as an effective deterrent for
bad actors as flight crews work to protect the health and safety of all
passengers.
---------------------------------------------------------------------------
\4\ https://www.faa.gov/news/media/attachments/
Order2150.3C_CHG%204.pdf
---------------------------------------------------------------------------
Following President Biden's Executive Order and the new mask
mandate from the CDC, we ask that the FAA make clear that a refusal to
wear a mask and abide by federal regulations constitutes a violation
carrying the same significant penalties. Passengers who compromise
health and safety and violate federal rules may be banned from flying.
This action helps deter violations and bolsters the safety-first
culture that has long defined the aviation industry.
Gate agents who work inside the airport routinely come into contact
with passengers while helping them board the aircraft. Staying six feet
away from others is virtually impossible at these counters. Agents must
also enforce federal/airline rules to wear masks in the gate area and
to report symptoms on screening questionnaires. The combination of
irate passengers, reduced staffing levels, and slow response from law
enforcement has led to increased cases of assault against our members.
Airlines must give workers the support they need to protect themselves,
particularly in pushing for faster response from Airport Law
Enforcement.
The FAA Reauthorization Act of 2018 created new protections from
physical and verbal assault for customer service agents. Implementation
of these protections and FAA enforcement has been inadequate. Airlines
must be required to post ample signage alerting passengers of these
protections and properly record any violent interaction on injury/
illness logs.
Expanding eligibility to quarantine
As a general rule, airline policies state that a flight attendant
is only eligible to quarantine if they had a ``known exposure'' to
COVID-19, which the CDC defines as at least 15 minutes within six feet
of someone who has tested positive. This may be an appropriate standard
for exposures in an office or home environment where notification is
likely and dilution ventilation is generally high. But it is a nearly
impossible bar to meet on aircraft, in part because it is highly
unlikely that a flight attendant will know if a passenger has tested
(or will test) positive. Also, if a flight attendant spends five
minutes assisting a passenger who is coughing and removes their mask to
breathe more freely, that most certainly constitutes exposure. CDC
guidance is critical for a science-based approach to minimize risk and
limit spread of disease. However, occupational realities of the
aircraft must be integrated for guidance to be effective.
The CDC exposure tight definition means few flight attendants are
eligible to quarantine with pay protection and are, instead, told to
``self monitor'' for COVID-19 symptoms. As a result, if an airline
creates its policies based on this guidance alone, crewmembers risk
transmitting the virus to their fellow crew, passengers, and family
members. Also, crewmembers risk being stuck away from home on a
subsequent flight or layover with symptoms. It is very important to
expand the definition for crews to include ``known or suspected
exposure to someone who is positive or has symptoms consistent with
COVID-19.'' Importantly, while the current FAA guidance document ``SAFO
20009'' supports the airline interpretation of ``exposure,'' it also
recommends that crews should be excluded from work if they were exposed
to a person who was even ``likely'' to have COVID-19. Further, that
same ``SAFO'' document recommends that crews maintain six feet from
others while sitting on the jumpseat, working in the galley, and while
on ground transportation, all of which is impossible. The crowded,
enclosed nature of crewmembers' work spaces makes it all the more
important that crews who were likely exposed to COVID-19--without
necessarily defining a fixed number of minutes--are permitted to
quarantine until they either secure a negative PCR test or they
recover, and all without fear of discipline or financial penalty.
Crewmembers need consistent, safety-oriented definitions for what
constitutes an exposure and they need access to pay-protected
quarantine protocols that put safety first.
Ensuring a safe duration of quarantine
On Dec. 2, 2020, the CDC published revised COVID-19 quarantine
guidance. Specifically, the agency noted that, because a 14-day
quarantine period is onerous for most Americans, it would instead
recommend either a 7-day quarantine (for people who took a COVID-19
test and were negative) or a 10-day quarantine (for people who did not
get tested). The CDC noted that a shortened quarantine period should
``reduce the burden'' and ``increase community compliance'' which was
an exercise in pragmatism, but did not reflect any change in the
science of COVID-19. Since then, a population-based study was published
in a CDC journal which reported a negative effect of shorter
quarantine.\5\ The authors of that work concluded that ``persons
released from quarantine before 14 days should continue to avoid close
contact and wear masks when around others . . .'' However, avoiding
close contact and ensuring mask compliance for passengers and even
other crew is not possible in the aircraft cabin. Despite this, some
airlines have chosen to follow the less protective quarantine guidance
for their workers. Airlines should be required to ensure non-punitive
policies for testing and a pay-protected 14-day quarantine for workers
who have had either known or suspected exposure to COVID-19. Doing so
will help to reduce spread of the virus in aviation and reflect a
safety-focused aviation culture.
---------------------------------------------------------------------------
\5\ Rolfes, MA; Grijalva, CG; Zhu, Y; et al. (2021) ``Implications
of shortened quarantine among household contacts of index patients with
confirmed SARS-CoV-2 infection--Tennessee and Wisconsin, April-
September 2020,'' Morbidity and Mortality Weekly Report, 69(5152);1633-
1637, 1 Jan. 2021; Available for download at: https://www.cdc.gov/mmwr/
volumes/69/wr/mm695152a1.htm
---------------------------------------------------------------------------
Improving contact tracing
It is not clear which agency, if any, is responsible for contact
tracing of passengers and crews, and flight attendants are unlikely to
ever know if a passenger with whom they had contact onboard was
positive for COVID-19. We have had a few reports from members who
received a phone call from their state health department weeks after a
flight to notify them that a passenger tested positive, by which time
they had contact with thousands of passengers and multiple crews. Crews
can't even be assured of being notified if a member of their crew
tested positive, even though crewmembers routinely share ground-based
transportation to and from layover hotels, and may share meals during a
layover as well. Where possible, airlines should be required to conduct
a 72-hour lookback in response to a report of passenger or crew
infection, with timely notification to flight attendants. The Public
Health Agency of Canada maintains a website with a list of flights,
including the date, airline, flight number, city pair (and seat number,
if known), during which there was a report of one or more positive
COVID-19 cases. The list provides a useful and inexpensive first step
for contact tracing in a timely way. On this, we should follow the lead
of our northern neighbor.
Improvements are needed on incident reporting, contact tracing and
timely notification to all affected employees of potential exposure,
and reporting of cases to the Union. The employer's COVID-19 illness
reporting to the Union varies at each airline and station and is not
being used in a consistent manner to effectively give warning to
employees to prevent potential outbreaks.
Maximizing onboard ventilation and filtration
We urge the FAA to go beyond a recommendation and to mandate that
all recirculated air on aircraft be filtered to the high-efficiency
particulate air (HEPA) standard. Airlines and manufacturers
consistently claim that the high air exchange rate onboard aircraft
protects passengers and crew from airborne exposure to viruses like
COVID-19. While air exchange rate onboard is high, so too is the
production of ``bioeffluents'' onboard--the gases and particles,
including viruses, exhaled by people. In the small space of the cabin,
the rate of dilution of bioeffluents is consistently and considerably
lower than in ground-based environments. Ensuring that aircraft
ventilation systems are operating to maximize health and safety
protects passengers and crew, minimize risk of transmission, and help
build consumer confidence.
Implementing effective disinfection/sanitation protocols
It is well-recognized that the primary means of exposure to COVID-
19 is through the airborne route. However, to address contact with
contaminated surfaces, airlines must also maintain sanitation and
disinfection protocols. In addition, it would be prudent to minimize or
eliminate touch points for flight attendants, both within food and
beverage service, and for non-essential services such as hanging
passengers' coats. Finally, crews would benefit from being provided
with regular briefing sheet reminders about best practices of avoiding
common touch locations, using hand sanitizer with a minimum 60% alcohol
content, and routine hand washing for at least 20 seconds as
practicable after arrival.
Closing
COVID-19 is a public health emergency and financial catastrophe. It
has had a more severe impact on aviation than any other economic
downturn or crisis in aviation's 100 years combined. There is no doubt
our country and the airline industry have the experience and resources
to implement plans that can eradicate the virus and recover. Doing this
properly truly is an action of solidarity. Investing in people, jobs,
and safety nets now are critical if we are to have the vast majority of
the population able to care for themselves so we can focus on the sick
and vulnerable to isolate the virus, contain it, and get beyond the
pandemic. Aviation has a long history of collaboration among
government, industry, unions, scientists, and consumers. This
collaboration and careful approach to layered safety, security and
health has built the safest mode of transportation, the backbone of the
American economy, and the access that we enjoy around the world. We can
ensure safety and recover--together.
Mr. DeFazio. I thank the gentlelady.
I would now move on to Mr. Pugh.
Mr. Pugh, you have 5 minutes. Unmute wherever you are.
Mr. Pugh. Thank you very much. I appreciate it. I am Lewie
Pugh with the Owner-Operator Independent Drivers Association.
Prior to working at OOIDA, I had 23 years' experience of
driving and being a small business trucking owner and still
have a CDL. Thank you.
Throughout the COVID-19 pandemic, small business truckers
and professional drivers literally put their lives on the line.
When many Americans began working from home, truckers continued
to crisscross this Nation, picking up and delivering the items
that we all needed. When COVID first hit, shippers and
receivers started restricting access to their facilities.
Suddenly, finding a place to use the restroom became very
difficult, even impossible at times. Drivers weren't able to
find masks, hand sanitizer, or even bottled water. Ironically,
they were delivering everything Americans needed to survive,
yet, they could hardly buy much of this themselves. But it
wasn't until FEMA began distributing these items in truckstops
that truckers finally were able to get what they needed.
They also had no real idea what they were to do if they
experienced COVID symptoms themselves, a lot of times hundreds,
if not thousands, of miles from home.
And then things went from horrible to unimaginable when
freight rates dropped to historic lows. Some loads were paying
pennies per mile. By May of 2020, roughly 80,000 truckers were
out of work.
Congress, you could have temporarily suspended the Federal
diesel tax so drivers could have kept some extra money in their
pockets during these toughest times. You could have waived the
heavy vehicle use tax so that truck owners would have gotten a
modest break. You could have reinstated the per diem for
employee drivers or even suspended UCR payments. Instead, you
hung your hats on PPP which failed most small carriers.
DOT and DHS, they did rise to the occasion. They were
engaged with the industry and took a number of steps to address
the real issues that were affecting drivers. For example, the
Federal Highway Administration permitted States to allow food
trucks in rest areas. Unfortunately, many States, just like
here in Missouri, wouldn't allow the food trucks in these rest
areas. Think about that. Truckers couldn't buy food in a
truckstop. They couldn't buy food in a restaurant. And yet
States had the nerve to deny them to even have a hot meal at a
rest area. We here at OOIDA were not even allowed to give away
free food in a rest area. To me, that is a real shame.
We were all shocked last year when this committee voted in
the middle of a global catastrophe to increase Federal
insurance requirements by $1.25 million. Truckers watched in
disbelief as this panel, who was patting them on the back on
social media, went to kicking them while they were down.
Things are getting better, but safe truck parking is still
at a national crisis. Last year, this committee provided $250
million for truck parking projects in the highway bill. That is
a great starting point, but more must be done.
Thank you to Representative Mike Bost and Angie Craig for
working with us to develop a bill to address the problem.
Despite there being over 65 members on this committee in the
last Congress, only 4 of you cosponsored this legislation.
So what do we want? We want more truck parking. Not only
should you cosponsor the Truck Parking Safety Improvement Act,
but let's get it done.
Try to do something good for truckers without doing
something bad. Don't cripple them with unnecessary insurance
increases and speed limiter mandates.
Repeal the overtime exemption for employee drivers. I have
been asked by legislators what would be the result of this. The
result would be truckers would finally be paid for the time
that they work. This would also cure the driver churn that big
carriers misleadingly tout as a shortage.
Reinstate the per diem for employee drivers. Let them
deduct their meals while they are out on the road again.
You can take steps to help, but you must avoid causing
unnecessary damage. Truckers have earned your respect by now.
Show them some real appreciation. Twitter statements are real
nice, but they don't put food on the table.
Drivers still worry about how they are going to get the
vaccine while they continue to work. Finding a decent meal is
still tough for them. Many are concerned about the future of
their business, uncertain freight markets, and new regulations.
Some even fear that their business will survive COVID only to
be put out of business by you, Congress.
So I appreciate this time and look forward to answering
your questions. Thank you.
[Mr. Pugh's prepared statement follows:]
Prepared Statement of Lewie Pugh, Executive Vice President, Owner-
Operator Independent Drivers Association
Chairman DeFazio, Ranking Member Graves, and members of the
Committee, my name is Lewie Pugh and I am the Executive Vice President
of the Owner-Operator Independent Drivers Association (OOIDA). Prior to
working at OOIDA, I was a small-business trucker for nearly 23 years
with 2.5 million miles of safe driving. Before operating my own
trucking business, I drove a truck during my service in the United
States Army. I still proudly hold a Commercial Driver's License (CDL).
In short, I've been a trucker my entire career.
About OOIDA
OOIDA has represented the interests of owner-operators and
professional drivers for over 45 years. We were created by truckers to
ensure their voices were being heard in Washington and beyond. Decades
later, we continue to be led by men and women who make their living
behind the wheel. Today, we have over 150,000 members across the United
States and Canada. We know truckers better than anyone.
Small trucking businesses like those we represent account for 96%
of registered motor carriers in the U.S. We are undoubtedly the safest
and most diverse operators on our nation's roads. Our activities impact
all sectors of the American economy on a daily basis. We move
everything and anything--from agricultural products and household goods
to military equipment and energy resources.
Introduction
Throughout the COVID-19 pandemic, small-business truckers and
professional drivers have literally put their lives on the line to keep
us safe. When many Americans began working from home, truckers
continued to crisscross the country, picking up and delivering items
that we all need.
The perseverance of the nation's truck drivers has never faltered
even in the face of many new challenges. At the onset of COVID-19,
shippers and receivers started restricting access to their facilities,
including restrooms. Suddenly, finding a place to use the bathroom was
more difficult, even impossible at times. Initially, drivers weren't
able to find masks, hand sanitizer, or even bottled water. Ironically,
they were delivering everything Americans needed to survive, though
they couldn't actually buy much of it themselves. It was a cruel
reality, and it wasn't until FEMA began distributing items at truck
stops that many truckers finally had what they needed.
They also had no real idea what they would do if they experienced
COVID symptoms while on the road, often hundreds if not thousands of
miles from home. And then things went from horrible to unimaginable
when freight rates dropped to historic lows, in some cases only paying
pennies per mile. By May of 2020, roughly 80,000 truckers were out of
work.
Congress could have temporarily suspended the federal diesel tax so
drivers would have extra money in their pockets during the toughest
times. You could have waived the heavy vehicle use tax (HVUT) for a
year so that every truck owner would get a modest break. You could have
reinstated the per diem for employee drivers or even suspended Unified
Carrier Registration (UCR) payments. Instead, you hung your hats on the
Paycheck Protection Program (PPP), which failed to support most small
carriers.
In the midst of the crisis, the Department of Homeland Security
(DHS) and the Department of Transportation (DOT) rose to the occasion.
They engaged industry stakeholders and took a number of steps to
address real issues that were affecting drivers. For example, the
Federal Highway Administration (FHWA) allowed states to permit food
trucks at rest areas. Unfortunately, many states, like Missouri,
wouldn't allow it. Think about that for a minute--truckers couldn't buy
food at a truck stop or restaurant, yet some states had the nerve to
deny them a hot meal at rest areas. OOIDA wasn't even permitted to give
free meals away in Missouri. That's a damn shame.
We were all shocked last year when this Committee voted, in the
middle of a global catastrophe, to increase motor carriers' federal
minimum liability insurance requirements by $1.25 million. Truckers
watched in disbelief as members of this panel went from patting them on
the back on social media to kicking them while they were down.
Things are getting better, but safe truck parking is still a
national crisis. Last year, this Committee provided a one-year, $250
million authorization for truck parking projects in the highway bill.
This is a great starting point, but more must be done. We've worked
with Reps. Mike Bost (R-IL) and Angie Craig (D-MN) to develop a
bipartisan bill to address the problem. Despite there being over 65
members on this Committee last Congress, only 4 of you cosponsored the
legislation.
So what do truckers want?
We want more truck parking. Not only should you cosponsor
the Truck Parking Safety Improvement Act, but get it done.
Try to do something good for truckers without doing
something bad. Don't cripple them with unnecessary insurance increases
or a speed limiter mandate.
Repeal the overtime exemption for employee drivers in the
Fair Labor Standards Act (FLSA). I've been asked by some lawmakers what
would happen as a result. My answer is simple: employee drivers would
actually be paid for the hours they work. This would also help fix the
driver churn that big carriers misleadingly tout as a driver shortage.
Reinstate the per diem tax deduction for employee
drivers. Let them deduct their meals while out on the road again.
You can take steps to help, but you must also avoid causing
unnecessary damage. Truckers have earned your respect by now. We
encourage you to show them some real appreciation--Twitter statements
are nice but it doesn't put food on the table.
Drivers still worry about getting the vaccine while they continue
to work. Finding a decent meal is still tough. Many are concerned about
the future of their business, an uncertain freight market, and new
regulations. Some even fear that their business will survive COVID only
to be destroyed by Congress.
Truck Parking
The truck parking shortage is a national safety crisis. In 2015,
the Federal Highway Administration's (FHWA) Jason's Law survey report
recognized the lack of truck parking had become a serious highway
safety concern.\1\ Unfortunately, the problem has only worsened since
then. In December 2020, FHWA issued findings from its 2019 Jason's Law
survey, which found that truck parking shortages are still a major
problem in every state and region of the country.
---------------------------------------------------------------------------
\1\ Jason's Law Truck Parking Survey Results and Comparative
Analysis, Office of Freight Management and Operations, Federal Highway
Administration, United States Department of Transportation.
---------------------------------------------------------------------------
Furthermore, the expansion of truck parking capacity hasn't kept
pace with truck vehicle miles traveled, and a handful of states
actually have fewer public parking spaces than they did at the time of
the original survey. Governments at all levels are failing to confront
this challenge, and Congress must step in to solve this urgent safety
problem.
While the truck parking shortage has been a concern for decades,
the closure of rest areas during the coronavirus pandemic brought new
attention to truck parking challenges. For example, countless truckers
were left scrambling to find places to take a break after Pennsylvania
closed its rest areas early in the pandemic. At the time, our industry
pushed federal officials, as well as those in Pennsylvania, to reopen
these critical facilities without delay. With the encouragement of
FHWA, the state ultimately reversed course and reopened each of its
rest areas over time.
Unfortunately, the reopening process was unnecessarily slow and
undoubtedly still forced some drivers to park in unsafe areas. In the
future, federal and state transportation and health officials must
understand the importance of these facilities in the safe and efficient
movement of goods during a national emergency, and ensure they remain
accessible for truckers. Thankfully, swift outreach from industry and
federal officials not only helped reopen shuttered facilities in
Pennsylvania, but prevented other states from following suit. Although
pandemic-related parking issues have largely been resolved, the
underlying parking shortage remains.
Professional drivers regularly report difficulty accessing safe
parking for commercial motor vehicles (CMV), especially during times of
high demand. Surveys of our members routinely reveal most truckers have
been forced to drive beyond the point where they feel safe and alert
simply because they could not find a place to park. This not only
jeopardizes their own safety, but also the well-being of the motoring
public with whom they share the road. Truckers are commonly placed in
no-win situations where they must decide to park in an unsafe or
illegal location--such as a vacant lot--or violate federal hours-of-
service (HOS) regulations by continuing to search for a safer and legal
alternative.
The current crisis also creates hazards for the general public. As
a last resort, drivers who are unable to find adequate parking often
reluctantly park in hazardous road-side locations, such as highway
shoulders and interstate entry and exit ramps. This creates safety
risks for law enforcement officials as well. Often, they are faced with
the dilemma of allowing a tired trucker to rest in a dangerous location
or ordering them to relocate when they are out of drivable hours.
Congress can help address the truck parking shortage by enacting
the Truck Parking Safety Improvement Act, which would dedicate existing
highway safety funding for the expansion of truck parking capacity.
This legislation doesn't create any new uses for federal funds or
authorize new spending. Instead, it ensures that existing funding is
focused on creating new parking spaces through the establishment of a
competitive grant program. We would like to thank Representatives Mike
Bost and Angie Craig for introducing this legislation during the 116th
Congress, and we look forward to building even greater bipartisan
support for this legislation in the new Congress.
Unfortunately, too many federal dollars have been spent on
technology-based solutions that fail to address the root of the parking
problem. We've determined federal investment in the expansion of truck
parking capacity is key. With a focus on increasing capacity, the Truck
Parking Safety Improvement Act would provide funding for the
construction of new rest areas and truck parking facilities, while also
helping public entities convert existing spaces--such as inspection
sites, weigh stations, and closed rest areas--into truck parking
locations.
OOIDA believes providing federal investment in the expansion of
truck parking capacity must be a top priority for Congress in the
development of the next highway bill. Addressing this problem will
certainly demonstrate to professional drivers that Congress understands
one of the most significant challenges they face on a daily basis and
wants to help.
Minimum Liability Insurance
Trial lawyers and their allies in Congress have proposed
legislation to increase the minimum level of financial responsibility
for trucking companies operating in interstate commerce. While working
to gather support for their proposal, organizations like the American
Association for Justice (AAJ) have shared wholly misleading information
about this issue.
Federal law currently requires motor carriers to maintain at least
$750,000 in liability coverage ($5 million for those hauling hazardous
materials). However, the vast majority of carriers are insured at $1
million or more. Having additional coverage is obviously not required,
but the insurance industry tends to naturally adjust levels based on
market conditions. If enacted, legislation like H.R. 3781 (the
INSURANCE Act) from the 116th Congress would increase minimums from
$750,000 to a whopping $4,923,154. Small-business truckers would
quickly see their premiums dramatically increase.
OOIDA would like set the record straight on the real impact a
minimum insurance increase would have on highway safety and the
catastrophic effect it would have on small trucking businesses. This is
particularly important for small carriers, who are already struggling
as a result of the pandemic and uncertainty within the freight market.
Truckers want to operate safely, and to do so, they make significant
investments in their equipment to keep it in good working order.
Placing new costs on small-business truckers through unnecessary
increases to minimum insurance requirements would detract from these
goals and ultimately put some of the safest drivers out of business.
Because there are so many factors that determine premium costs, it
is difficult to estimate precisely how much they would increase for
different motor carriers. We know from surveying our members and
analyzing the American Transportation Research Institute's annual
surveys on the cost of operation that small motor carriers already pay
more per mile than their larger competitors. This is by no means a
result of poor driving records, but rather the inability of small
businesses to negotiate better rates. Our members also typically have a
higher deductible to keep costs down, meaning any increase in minimum
requirements would disproportionately affect small businesses.
Compounding this problem, any increase is likely to cause some insurers
to no longer provide coverage to large trucks. This will further
increase costs, as supply becomes limited.
We estimate that if Congress increased minimum coverage
requirements to $2,000,000, as this Committee did in last year's H.R.
2, premium costs for small business truckers could at least double,
causing a trucker who currently pays $10,000 per year to pay a whopping
$20,000. This would be unaffordable to many small businesses, who would
quickly be driven out of business. For other carriers that try to
offset the news costs by increasing their rates, they would likely lose
business to better-leveraged large fleets.
Contrary to claims by those who will benefit financially from an
increase in insurance minimums, this will do absolutely nothing to
improve highway safety. Supporters of the proposal have no reputable
research indicating it would. And they never will, because there is no
correlation between insurance coverage and highway safety. In fact,
increasing insurance minimums would likely force many owner-operators--
who are collectively among the safest, most experienced drivers on the
road--out of the industry because premiums would become unaffordable.
As a result, an increase to minimum insurance requirements may actually
decrease highway safety, not improve it.
Proponents of this proposal claim that insurance requirements need
to be increased simply because they haven't been raised since the
1980s. This erroneously assumes the insurance industry only provides
coverage at the federally-mandated levels. Again, most motor carriers
are insured at least $250,000 above the current minimum threshold
because that's what the market dictates.
AAJ and their allies, including members of this Committee, want you
to believe the rising cost of healthcare for those involved in a crash
justifies an increase in insurance minimums. However, research
indicates this is patently false. As required by MAP-21, the Federal
Motor Carrier Safety Administration (FMCSA) commissioned the John A.
Volpe Transportation Systems Center (Volpe) to research this issue in
greater detail. In 2014, Volpe released its report, which explained,
``The vast majority of CMV-caused crashes have relatively small cost
consequences, and the costs are easily covered with the limits of
mandatory liability insurance.''
If you're wondering if this includes some of the most costly
crashes, Volpe adds, ``A small share exceed the mandatory minimum but
are often covered by other insurance or assets.'' There are certainly
catastrophic crashes that exceed today's requirements. However, Volpe
helps put these rare occurrences into perspective by stating, ``A final
portion of high-cost crashes would fall outside compensation
instruments even if the minimum liability were raised.'' In short,
these exceptional cases are often times so expensive that no level of
insurance would cover them. We would also point out that, according to
Volpe, only 0.6% of crashes result in damages that exceed today's
minimum coverage limits.\2\
---------------------------------------------------------------------------
\2\ Kent Hymel et al., Financial Responsibility Requirements for
Commercial Motor Vehicles, John A. Volpe Transportation Systems Center
(2013).
---------------------------------------------------------------------------
If the existing insurance minimum covers over 99% of truck-involved
crashes, what's the impetus for increasing the current requirement?
It should come as no surprise that AAJ is leading this proposal, as
trial lawyers typically receive 30-40% of a judgment or settlement
against a motor carrier--and sometimes more. For AAJ, this is a shrewd,
if not unabashedly transparent effort. Mandating an increase in
coverage limits will exponentially boost their judgments and
settlements.
What remains most important is the fact that proposals to increase
minimum insurance rates for motor carriers will do nothing to improve
highway safety. Rather, it imposes yet another unnecessary and
expensive federal mandate that will force the safest and most
experienced truckers off the road, while further lining the pockets of
our nation's trial lawyers. It will also do nothing to help protect
transportation workers or rebuild our infrastructure. As Congress
rightfully focuses on defeating the coronavirus and reviving our
economy through infrastructure investment, a minimum insurance increase
has no place in the discussion.
FLSA and Overtime Compensation
Like all hard-working Americans, truckers want to be appropriately
compensated for their work. For decades, driver compensation has been
eroding, making careers in trucking less appealing to new entrants and
less sustainable for experienced truckers.
One of the most unnecessary barriers to fair compensation that
truckers face is the Fair Labor Standards Act (FLSA), which currently
exempts employee drivers from overtime pay requirements. This exemption
was implemented in the 1930s to prevent drivers from working too many
hours, but today it simply prevents them from receiving adequate
compensation for their work. It also contributes to problems with
excessive detention time because shippers, receivers, and others in the
industry have no financial incentive to load and unload trucks in a
timely, efficient manner.
The unfairness of the overtime exemption has always been clear, but
the long hours truckers have worked during the pandemic makes the
injustice even more obvious. Waivers to HOS regulations for truckers
hauling emergency supplies exacerbated this issue, with some truckers
working even longer hours than they normally would. All of this work
was done without a guarantee of overtime pay for their efforts. While
OOIDA supported the relaxing of HOS requirements to quickly respond to
the early challenges of the pandemic, keeping them in place for an
extended period of time has resulted in most drivers working longer
hours without any additional compensation.
Simply put, the FLSA exemption makes it the law that a driver's
time is less valued than other professions. If Congress is serious
about providing relief to the working class, then you must start by
repealing this outdated exemption. While the Education and Labor
Committee has final jurisdiction over repealing this exemption, it is
interrelated with the issues that the Transportation and Infrastructure
Committee is discussing today and handles more generally.
Access to Food and Restrooms
In addition to difficulty finding parking at the outset of the
pandemic, truckers also faced challenges accessing basic needs like
food and restroom facilities. During government mandated stay-at-home
orders, restaurants and other fresh food options at truck stops were
largely closed. To provide at least some relief to truckers, we
supported FHWA's decision to allow states to permit food trucks to
temporarily operate at highway rest areas. We thank Members of Congress
who also encouraged the agency to take this step. Unfortunately, very
few states embraced this solution. As COVID cases surged across the
country this fall and states renewed or expanded dining restrictions,
truckers again found themselves struggling to find warm, quality meals
while on the road.
Moving forward, we encourage Congress to not only allow states
greater flexibility in permitting food trucks at rest areas during
crises, but expand daily food access to hard-working truckers by
reversing the federal ban on the commercialization of rest areas.
Truckers also experienced difficulty accessing restrooms at
shipping and receiving facilities throughout the pandemic. Some
businesses claimed that limiting access was a way to control the spread
of the virus to their employees. These policies were counterproductive.
As the most transient community in America, truckers must have the
ability to wash their hands after handling freight, paperwork, and
business equipment to help combat the spread of the virus. During any
future public health crisis, Congress must work with the logistics
community to ensure truckers have access to restrooms.
More broadly, the federal government should continue to improve its
communication to public and private entities about the problems of
closing critical facilities to truckers during emergencies. While there
may be valid health reasons for these measures, truckers' needs were
often ignored in the heat of the moment when policies were implemented.
Access to PPE
In the early months of the pandemic, acquiring PPE was a serious
challenge for truckers. Many had to independently purchase equipment or
find free distribution sites, despite being appropriately deemed
essential workers. OOIDA worked closely with FMCSA to obtain and
distribute protective masks to drivers. We also appreciated the efforts
of the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency (FEMA) in obtaining and distributing PPE to hundreds
of thousands of truckers. Still, many truckers, including employee
drivers, have been forced to independently track down and pay out-of-
pocket for PPE, hand sanitizer, and other supplies to protect
themselves and those they come into contact with. In any future
national health crisis, the distribution of protective supplies to
truckers must occur immediately. Not only are professional drivers
moving critical supplies to areas of need, they are also the most
transient community in the country, which increases their chances of
exposure.
As an association that represents employee drivers, owner-
operators, and small-business motor carriers, our top priority is
ensuring the safety and well-being of truckers. We support government
efforts to help make PPE as widely-available as possible. We are also
open to legislative proposals that would require employers to provide
basic supplies to employees, but any proposal must take into account
the unique challenges small businesses face and the limited
availability of supplies, especially for those not purchasing in large
quantities. Furthermore, these measures must not be overly complicated
or punitive for businesses that are facing unprecedented challenges.
Access to Testing and Vaccines
Truckers face distinct challenges when it comes to accessing
testing for COVID-19. Most of the time, our members are out on the
road, away from home--often for hundreds of nights a year. It is not
easy for them to drop in to their doctor's office for a COVID test if
they are feeling sick, exhibiting symptoms or have been in contact with
an infected individual. During the worst parts of the pandemic, it was
very difficult for our members to find information about where they
could obtain a test while on the road. While the federal government has
since made information available on testing locations, Congress should
make certain this information is communicated to essential workers like
truckers much earlier and more clearly during any future health crisis.
Similarly, truckers are now concerned about how they will access
vaccinations while continuing to work. For professional drivers, who
often spend several consecutive weeks or even months on the road to
make ends meet, accessing vaccinations can be logistically difficult
and economically disruptive. Few truckers know precisely where they
will be from week-to-week, making it difficult to return home for shots
and often impossible to predict where they may be located when it's
time for a second booster. Even those who are capable of getting
vaccinated while they work will undoubtedly experience difficulty
accessing vaccination sites--visiting a clinic, pharmacy or medical
facility by car is much easier than finding a location to temporarily
park a CMV. Providing vaccinations at truck stops and rest areas
throughout the country would be an effective solution to ensuring the
essential workers in our industry are receiving the care they need.
PPP and Economic Relief
As this Committee considers how to improve the federal government's
response to future national emergencies and help small-business
truckers survive the current pandemic, it also needs to be aware of the
ways Congress failed to help truckers during the economic downturn
caused by coronavirus. Far too many of our members didn't qualify for a
loan under the Paycheck Protection Program (PPP) because of the way the
program was structured. In short, this program doesn't work well for
independent contractors that make significant investments in equipment
and take multiple deductions when filing taxes.
While the PPP falls outside the Transportation and Infrastructure
Committee's jurisdiction, it's important to understand the frustration
truckers felt when they were told to apply for this government
assistance program, only to find out that it doesn't work for them.
This was the go-to recommendation for small-businesses impacted by the
coronavirus, and when it didn't work for our members, they were
essentially out of luck.
Compounding this frustration, truckers have seen Congress provide
passenger airlines with billions of dollars in aid, but are left to
wonder why the small trucking businesses who keep the supply chain
moving were essentially left out. While some of these decisions weren't
made in this Committee, you have the power to help truckers make it
through these challenging times by avoiding unnecessary regulatory
costs and burdens.
For truckers who didn't get any relief in 2020, the last thing they
need is new costs that don't provide them, or the public, any real
benefit. Small-business truckers need to be able to make necessary
investments in their equipment and their businesses to continue
operating safely, and they need to make investments to adapt to changes
brought on by COVID. None of this will be possible if they are hurting
from the economic downturn, are unable to access federal aid, and have
to pay new costs to meet new federal regulations.
Broker Transparency
In the immediate aftermath of the pandemic, freight rates reached
historic lows and many drivers were struggling. After years of small-
business truckers expressing frustration about the deliberate evasion
of transparency regulations (49 CFR Sec. 371.3) by freight brokers, the
detrimental impacts of COVID-19 finally caught the attention of federal
regulators. In May, the President remarked that truckers were being
price-gouged by brokers and DOT started listening. Let's be clear,
current regulations mandate that brokers keep transaction records and
allows carriers to review such records.
These rules enable carriers to make educated decisions about what
loads to take and with whom to do business. However, because these
regulations go largely unenforced, brokers have implemented common
practices that make it difficult for carriers to ever access
transactional information required by Sec. 371.3. These practices
include making carriers visit a broker's physical business location to
view information in person or forcing carriers to waive their rights
under Sec. 371.3 when signing contracts.
As a solution to improve broker transparency, OOIDA filed a
petition with the agency that would require brokers to provide
transaction information automatically within 48 hours of the completion
of the contractual services and would prohibit brokers from including
any contractual provision that waives a carrier's right to access
transaction records. Since our petition was submitted in May 2020,
FMCSA has opened up a variety of regulatory dockets to gather public
comments regarding this issue. Once the agency has completed their
review of these comments, OOIDA strongly encourages FMCSA to promulgate
and enforce measures that will prevent brokers from continuing to
circumvent transparency requirements. All truckers want is for brokers
to comply with existing federal regulations. They're not asking for
anything more than their right to transparency, which is used to help
them differentiate good brokers from unscrupulous ones.
Conclusion
Throughout the COVID-19 pandemic, small-business truckers and
professional drivers have literally put their lives on the line to keep
us safe. While they have faced daunting new obstacles, our truck
drivers have ensured that critical supplies get delivered to all
corners of the country. We have outlined just a few of the steps that
Congress can take to show their appreciation and support, but we also
urge you to avoid causing unnecessary damage that would force the
industry's safest drivers off the road.
Thank you.
Mr. DeFazio. Thank you, Mr. Pugh.
Mr. Rivera.
Mr. Rivera. Good afternoon. Hello, and thank you for the
opportunity to testify. My name is Ismael Rivera. I have been a
transit worker since 1997. I began driving a bus for New York
City Transit Authority and came to Lynx in Orlando 17 years
ago.
I am a proud member of ATU Local 1596. Led by international
president John Costa, ATU has taken extraordinary steps since
the beginning of this pandemic to keep transit workers and
passengers safe and save our members' jobs. ATU developed a
list of demands for transit systems on the safe provision of
service including gloves, masks, protective barriers, pandemic
leave, rear-door entry, and onsite testing.
The International also partnered with transit agencies to
secure $39 billion in Federal funding to save the industry and
buy PPE, and we are now seeking another $39.3 billion. Our
union in many locations stepped up and helped transit systems
acquire gloves and masks. ATU International also launched a
mask education campaign to ensure our members know their right
to refuse to work when confronted with hazardous safety
conditions.
Driving a bus has always been a tough job. Busdrivers get
attacked on moving vehicles regularly. Now we are being
attacked by an invisible enemy. Each time a passenger coughs
just a few feet behind us, we know that we are in a potential
death trap, driving down the road in a tin can with bad air
circulation. One hundred twenty-six ATU members have died due
to COVID, and thousands have been infected.
In addition to driving a bus, ATU members also now serve as
the mask police. We are getting brutally attacked for simply
enforcing the rules and trying to stop the spread of the virus.
There was a baseball bat beating in California and a 2 by 4
attack in Texas. Here in Florida, a homeless woman boarded a
bus and began coughing on passengers. The driver told her that
she needed to wear a mask. The woman then spat on the driver.
When someone boards without a mask, we are faced with a
tough choice: say nothing and risk that an infected rider will
spread the virus or tell them to put on a mask and risk a
violent reaction. It is just the beginning. I am constantly
checking the mirror, making sure that riders are keeping their
masks on. They often pull the mask off, and that is when the
real tension begins. I am a busdriver, not a police officer. I
don't need political debates on my bus, but that is the way
things are right now.
Social distancing on a bus is very hard to do. In Orlando,
we have been told to limit our capacity to 15 passengers on a
40-foot bus. Although the agency gives us discretion to allow a
few more riders, passengers are allowed in front rows, which is
too close for comfort for many of us. Lynx gives us four masks
per shift for passengers who don't have one, and we hit the
road hoping that is enough. We come in early to wipe down the
vehicles, especially the driver shields. Our shields are better
than nothing but still leave a gap, exposing us to attacks. We
must still touch wheelchairs to help disabled riders get on
board, secure their wheelchairs, and help them exit. The buses
we drive have major issues with air flow, air sterilization,
and filters. It is no wonder so many of us are dying.
By my count, about 20 workers at Lynx have been infected
with coronavirus, including myself. We do have contact tracing,
for what it is worth. Florida officials are not following
Federal vaccine guidelines, that give transit workers priority.
So, despite our high risk, we wait for the shot, putting our
lives on the line every day.
FTA needs to fully use its safety authority as soon as
possible. President Biden's action on day one requiring masks
on public transit is a great start. We need high-quality masks
available more widely and help enforcing mask requirements and
making sure buses are not overcrowded. ATU joins APTA in urging
Congress to provide an additional $39.3 billion in relief to
help keep systems running and buy PPE. We strongly support
hazard pay for transit workers in the next COVID bill. Our
members are heroes, but we get treated like zeroes at the
bargaining table. It is not right.
Finally, the CARES Act required employers to offer 2 weeks
of paid sick leave to anyone who got sick with COVID or had to
quarantine because they had been exposed. That expired in 2020.
Congress needs to restore this. Nowadays, getting behind the
wheel of a bus or working at a maintenance shop when you are
not feeling well can have deadly consequences for so many
people.
In conclusion, COVID has shown the world the true meaning
of essential workers. Since the pandemic began, transit workers
have put their lives on the line, bravely reporting to work
every day. With continued operations funding, commonsense
safety measures, and a seat at the table for the workers to
express their concerns, we can work our way through these
challenges together. Thank you very much.
[Mr. Rivera's prepared statement follows:]
Prepared Statement of Ismael Rivera, Bus Operator, Lynx, and Member,
Amalgamated Transit Union Local 1596, Orlando, Florida
Introduction
Chairman DeFazio, Ranking Member Graves, and Members of the
Committee, thank you for the opportunity to testify today on protecting
transportation workers and passengers from COVID. I look forward to
providing information on gaps in safety, lessons learned and next
steps. My name is Ismael Rivera. I've been a transit worker since 1997.
I began driving a bus for the NY MTA in Brooklyn and then up in Harlem,
and came down here to Lynx in Orlando 17 years ago, where I am a proud
member of Amalgamated Transit Union (ATU) Local 1596.
Saving Jobs, Lives
Led by International President John Costa, ATU has taken
extraordinary steps since the beginning of this pandemic to keep
transit workers and passengers safe and save the jobs of our members
nationwide. Early on, ATU developed a list of demands for transit
systems regarding the safe provision of service. These recommendations
included, but were not limited to, gloves, masks (for both workers and
passengers), protective barriers, pandemic leave, rear door entry, on-
site testing, and other critical measures. The International also
partnered with transit agencies in 2020 to secure $39 billion in
federal funding to save the industry and provide the resources to
purchase critical personal protective equipment (PPE). In fact, at the
height of the PPE shortage in the spring, it was our union that in many
locations stepped up and helped the transit systems acquire life-saving
gloves and masks. ATU International also launched a mass education
campaign to ensure our members know their right to refuse to work when
confronted with an imminent hazardous safety or security condition, as
protected under the National Transit Systems Security Act, the Surface
Transportation Assistance Act of 1982, the federal Occupational Safety
and Health Act, and National Labor Relations Act.
Dangerous Job
Driving a bus has always been a tough job, even before the
coronavirus. Bus drivers get attacked on moving vehicles regularly.
People don't like paying fares or being told about regulations, and
they get angry about service issues, so they often take out their
frustrations on the drivers. ATU members all across the country have
been viciously assaulted. With no barriers to protect us, we are
sitting ducks. I was attacked back in New York.
Now, we are being attacked by an invisible enemy. Our members drive
everyday not knowing who's at each stop, or who they've been in contact
with. Each time a passenger coughs just a few feet behind us, the
drivers' hands grip the wheel a bit tighter, as we know that we are in
a potential death trap, driving down the road in a tin can with bad air
circulation. Throughout the U.S. and Canada, 124 ATU members have died
due to coronavirus and thousands of transit workers have been infected.
The Mask Police
In addition to driving a bus, ATU members also now serve as the
``mask police.'' Far too often during these politically charged times,
we have been brutally attacked for simply enforcing the rules and
trying to stop the spread of the virus.
A baseball bat beating in California, a two-by-four attack in
Texas, and a bone-breaking sucker punch in New York are just a few
violent incidents that underscore another danger for transit workers in
a coronavirus world--and they all happened in one month. Since the
pandemic began, there have been hundreds of COVID-related violent
encounters between bus drivers and angry passengers who refuse to wear
masks or follow social distancing protocols.
At the beginning of the pandemic, transit systems were boarding
from the back and waving fares. But regular fare collection and front
door boarding resumed again in the summer, bringing passengers and
drivers within a few feet of one another, exposing us to the virus and
angry people.
When someone boards one of our buses without a mask, we are faced
with a tough choice: say nothing and risk that an infected rider will
spread the virus, or tell the passenger to put on a mask and risk a
violent reaction. When you confront someone, it can escalate quickly.
He could spit on you, he could throw something at you, or he could hurt
another passenger. But what if that person is sick and contaminates
everyone on this bus? And you could have prevented that?
Last May, a St. Louis man boarded a bus without a mask. After the
female driver informed him that he could only ride the bus with a face
covering on, the man fired a 9 mm pistol at the driver. She was saved
only by the polycarbonate shields that were installed as part of the
COVID response. In Austin, TX, a man threatened a bus driver with
broken scissors after being told to wear a mask. In Springfield, MA, a
PVTA bus driver was assaulted after asking a passenger to wear a face
covering. The suspect punched the woman driver in the back of the head
and then assaulted another person who tried to help. Knoxville, TN
police arrested a man after he threatened a bus driver with a box
cutter after she asked him to put on a face mask before boarding. In
Staten Island, NY, a man was arrested on assault charges for throwing
hot coffee onto an MTA bus driver's face when he was asked to put on a
face covering.
In Boston, a teenager recently attacked an MBTA bus driver after he
was asked to put a mask on or get off the bus. He then began coughing
on the driver, claiming he had COVID and attacked the driver with a
block that's put under the bus wheels when it is parked. Here in
Florida, a homeless woman recently boarded a Miami bus and began
coughing on passengers. The driver told her she needed to wear a mask.
The woman then spat on the driver. Coughing on someone is not a
laughing matter. When the pandemic first began back in March, ATU
Member Jason Hargrove, from Detroit, posted a Facebook Live video
complaining about one of his passengers who was openly coughing several
times on his bus without covering her mouth. Eleven days later, Jason
died of COVID-19. Jason loved his job and was proud to do it. He was
always concerned about his passengers. He suffered too, as his
temperature soared, his fingertips turned blue, and he couldn't
breathe.
Once a passenger gets on the bus with a mask, it's just the
beginning for me. While driving down the road, I am constantly checking
the mirror, making sure that riders are keeping their masks on. They
often pull the face coverings off, and that's when the real tension
begins. I'm a bus driver, not a police officer. I do not need political
debates on board my vehicle, but that's the way things are right now.
When people don't listen, we need to call in the issue to the company
so they can send help.
Driving a Bus in a COVID World
We are frontline workers. That does not change, virus or no virus.
Our job is to make sure that people can get where they need to go--the
doctor, the pharmacy, the grocery store--safely. All of this has become
quite challenging during the pandemic.
Social distancing on a bus is extremely hard to do. In Orlando, we
have been told to limit our capacity to 15 passengers on a 40 foot bus,
although the agency gives us the discretion to allow a few more riders.
My route includes our local Home Depot, where day workers gather each
day looking for work. I make sure they get where they need to go. But
if I reach the maximum and come to a stop where people want to board,
they have to wait for the next bus. Passengers are allowed in the front
row, which is too close for comfort for many of us, and we are once
again collecting fares.
In some cities, passengers are provided with masks if they do not
have one, but our members often drive in the inner cities where
homeless people are currently boarding the buses for free, and boxes of
masks on the vehicle usually disappear quickly. My employer, Lynx,
gives us four masks per shift for passengers who do not have one, and
we hit the road hoping that is sufficient.
We come in early, not to use the company gym, which is closed, but
to complete the COVID pre-shift tasks, grabbing the spray bottle and
wiping down the vehicles, especially the driver shields that have been
installed since the pandemic started. Our shields are better than
nothing, but still leave a gap exposing us to attacks.
As always, we must still touch wheelchairs to help disabled riders
get on board, secure their wheelchairs, and help them exit. Anywhere we
touch, the surface gets wiped down.
By my count, about 20 workers at Lynx have been infected with the
coronavirus, including myself. We do have contact tracing--if one of us
comes down with the virus, people who have come into contact with the
person are told to stay home for ten days.
Federal vaccine recommendations give priority, in the second tier,
to grocery store employees, transit workers and other front-line
workers, along with people age 75 and older. Unfortunately, Florida
officials are not following those guidelines. So despite our high risk,
we wait for the shot, putting our lives on the line every day.
Bus Air Flow Issues
It's no surprise that nationwide, thousands of transit workers have
already tested positive for COVID, and hundreds have died. The buses we
drive have major issues with air flow, air sterilization, and filters.
When a bus is moving forward, it creates reversed airflow in the cabin,
bringing unhealthy air into the driver's workstation. The buses have
dangerous airflow with recycled and very poorly filtered air. Some
jurisdictions have tried temporary measures, such as hanging shower
curtains near the driver and separating us from the passengers, but
transit worker deaths are still piling up.
Federal Action Needed
The original CDC interim guidance for reopening public transit took
into consideration many of the ATU's demands regarding social
distancing, PPE, contact tracing, and several other protective measures
for transit workers. But the previous administration watered down the
CDC guidance, seriously scaling back or completely removing specific
recommendations for transit systems:
No specific guidance on necessary PPE;
Lack of recommendations for testing transit workers and
performing contact tracing;
No guidance for strategic continuation of service to
reduce overcrowding;
Failure to offer specific guidance for effective
sanitation and filtration of HVAC systems on transit vehicles;
Scaled back recommendations for waiting to allow for air
exchange before cleaning possibly contaminated work areas;
Removed examples of physical barriers and partitions as
effective measures to enforce social distancing and correct air flow
recirculation issues; and
Watered down protocols for responding to cases of
potentially infected workers.
We look forward to working with the new leadership at the Federal
Transit Administration (FTA) to put these ideas into practice at the
local level for the safety of the passengers and workers. Although the
previous administration had recommended transit agencies make policies
regarding facial coverings to reduce the risk of COVID, it stopped
short of a mandate. FTA needs to use its safety authority in this area
as soon as possible. President Biden's action on Day One requiring
masks on public transit is a great start. Right off the bat, transit
workers need high-quality masks available more widely, and as discussed
above, we need to get help with new duties, such as enforcing mask
requirements and making sure buses are not overcrowded.
The Next COVID Relief Bill
We are of course incredibly grateful to the U.S. Congress for
providing the resources necessary for the transit industry to survive
the public health crisis. The $25 billion in emergency operating aid
from the Coronavirus Aid, Relief, and Economic Security (CARES) Act and
the recent $14 billion in the Coronavirus Response and Relief
Supplemental Appropriations Act of 2021 (CRRSAA) have preserved
essential service for the millions of people who rely on transit and
kept hundreds of thousands of transit workers off the unemployment line
during these very difficult times.
However, even if the vaccine rollout improves drastically in the
first half of this year and our economy comes back to life, transit
will still be in need of emergency operating aid for the foreseeable
future. Dedicated sales taxes from bars and restaurants have dried up,
leaving the agencies with no local transit operating assistance. Choice
riders are understandably hesitant to get back on transit vehicles due
to safety concerns. It will likely take years for ridership levels and
fare box revenue to recover, and we will need significant levels of
federal operating aid to survive. As highlighted by the American Public
Transportation Association (APTA), an independent economic analysis
found that public transit agencies face a projected funding shortfall
of nearly $40 billion through 2023. We therefore urge Congress to
provide an additional $39.3 billion in emergency funding to help public
transit agencies provide safe, reliable service as they continue to
grapple with the financial burden caused by the COVID-19 pandemic. All
transit systems have been hit hard by this pandemic, and ATU calls on
Congress to ensure that the next bill provides funding for all FTA
grantees. The December bill, with its formula providing up to 75% of
2018 operating costs between the CRRSAA and the CARES Act, did not
result in distributing funding to every system.
ATU also strongly supports pandemic premium (hazard) pay for
essential workers (including public transit workers) in the next COVID-
19 legislation. The dictionary defines a ``hero'' as ``a person noted
for courageous acts or nobility of character.'' Long before the
coronavirus, transit workers, the eyes and ears of our communities,
have been routinely performing heroic acts that impact all of us,
whether you ride transit or not, like providing CPR to a taxi driver,
saving a six year old boy with disabilities wandering through a busy
intersection, or preventing a woman from jumping off of a bridge. Now,
of course, ATU members and other essential workers are considered
heroes for simply reporting to work each day. Our members are getting
sick at a rate that is much higher than the general population because
we are continuously exposed to large crowds of transit-dependent riders
at close range, often times without the necessary PPE to keep us safe.
There are safer and easier ways to earn about $25 per hour. The least
we can do as a nation to recognize the sacrifices that transit workers
and their families have made and will continue to make during this
health crisis is to provide us with pandemic premium pay. While transit
workers are rightfully being called ``heroes'' during these horrific
times, we are finding that when we return to the bargaining table, we
are being cast away as ``zeroes.''
Finally, the CARES Act required employers to offer two weeks of
paid sick leave to anyone who got sick with COVID or had to quarantine
because they'd been exposed, and up to 12 weeks of partially-paid
family and medical leave for parents who had to stay home with a child
whose school or daycare closed. But that mandate, which applied to
companies with between 50 and 500 employees, expired at the end of
2020, and Congress did not extend it when it passed the CRRSAA. It is
critical that Congress restores these provisions. Even before the
pandemic, the lack of sick leave has always been a major issue for
frontline workers, including transit employees, struggling to make ends
meet. It's one thing to report to work with a common cold. Nowadays,
getting behind the wheel of a bus or working in the maintenance shop
when you are not feeling well can have deadly consequences for so many
people, including coworkers, passengers, and their families. If you are
sick, you should not have to feel the pressure to come to work because
your paycheck is in jeopardy.
Conclusion
The coronavirus has shown the world the true meaning of
``essential'' workers. We are the ones who people rely upon to survive
when everything around us shuts down. Since the pandemic began, transit
workers have put their own lives on the line, bravely reporting to work
every day, driving riders in our communities to the doctor, the grocery
store, and the pharmacy. We make sure that nurses and other hospital
workers get to their jobs to care of our family members and friends who
are suffering. With continued adequate operations funding, a stronger
federal role in the enforcement of common sense safety measures, and a
seat at the table for workers to express their COVID concerns, we can
work our way through these challenges together and live to see brighter
days ahead.
Mr. DeFazio. Thank you.
We now move to Professor Bahnfleth.
Mr. Bahnfleth. Thank you, Chairman DeFazio and Ranking
Member Graves, for the opportunity to address the committee
today. I am testifying on behalf of ASHRAE, a professional and
technical society of more than 55,000 individual members
dedicated to advancing the arts and sciences of heating,
refrigerating, air conditioning, and aligned fields. The
president of ASHRAE, Charles Gulledge, extends his thanks for
your investigation of this important subject and offers
ASHRAE's continued technical support.
I chair the ASHRAE Epidemic Task Force, which was formed to
develop the guidance for space conditioning systems needed to
make indoor environments as safe as possible during the
pandemic. Task force members are volunteer experts who
specialize in making indoor environments safer and healthier.
ASHRAE guidance standards and other resources are science-based
and free from commercial interests. The task force has produced
hundreds of pages of widely referenced guidance materials based
on current understanding of infection transmission and control,
including recommendations specific to transportation systems.
COVID-19 is believed to transmit by three modes.
Short-range droplet transmission that occurs when an
infected person and a susceptible one are close together.
Public health authorities have long held this is the most
important mode.
Fomite transmission that occurs when an infected person
contaminates an intermediate object that has been touched by a
susceptible person who infects themselves. There is little
evidence that this is a common mode of transmission.
Airborne transmission resulting from the inhalation of fine
particles small enough to remain airborne for long periods of
time that can move far from their source is the third mode. The
perceived importance of airborne transmission has grown
substantially over the course of the pandemic.
Each mode has specific controls: distancing and masks for
short-range transmission, cleaning and personal hygiene for
fomite transmission, and HVAC engineering controls for airborne
transmission, ventilation, air distribution, filtration, and
air cleaners. Masks also help control airborne transmission by
reducing aerosol emissions from infected persons.
How do these fundamentals apply to the protection of
transportation workers and passengers?
First, public health guidance should be followed.
Distancing, hygiene, and indoor mask use are critically
important. Secondly, mobile environments, such as aircraft,
ships, cars, buses, and trains, are indoor environments
provided with some level of HVAC system. The same engineering
controls apply to buildings also apply generally to mobile
environments.
With respect to engineering controls, ASHRAE's primary
recommendations are: provide at least required full occupancy
ventilation whenever people are present, including janitorial
and maintenance crews; use filters for recirculated air that
remove infectious particles efficiently. If necessary,
supplement ventilation and filtration with air cleaners
demonstrated to be effective and safe. Combine ventilation and
filtration and air cleaners to meet risk reduction targets
while minimizing energy use and cost. Avoid indoor air flows
that can extend short-range transmission by large droplets.
Prevent reentry of contaminated air. And, finally, commission
systems to verify that they are functioning as designed. This
can improve protection and reduce energy use.
Transportation HVAC systems vary widely in terms of the
levels of ventilation and filtration they provide, as others
have already noted. Aircraft have highly maintained systems
that provide large air change rates and utilize high-efficiency
filters. The age, condition, and air quality controls of buses
and trains, however, cover a wide range and may present
significant risk to passengers and workers alike. Ships may
have good HVAC systems but space layouts that make distancing
difficult.
Plus, it is hard to generalize, but what is generally true
is that there is non-negligible potential for COVID-19
transmission on all modes of transport. Published studies of
COVID-19 outbreaks document, among others, that a 10-hour
flight carrying 217 travelers resulted in 14 infections; a 7\1/
2\-hour flight, only 17 percent full, that yielded 13 cases
among 49 passengers; a 100-minute trip in a poorly ventilated
bus on which 24 of 68 passengers were infected by a single
person; and an ocean cruise on which 712 of 3,711 passengers
and crewmembers contracted COVID-19.
For the safety of those who must travel and those whose
work is supporting travel, the ventilation and filtration
capabilities of mobile environments, as well as related
stationary facilities, should be evaluated and updated as
necessary. Post-pandemic, consideration of significant design
changes for new systems may be warranted. Some technologies
needed to make future transportation safer are available now,
but there are also many opportunities and needs for applied
research to improve system design.
ASHRAE is committed to support this effort, helping to
ensure that the safest possible conditions are provided for all
who need and want to travel today and in the future.
I appreciate the committee's attention. I will be happy to
answer your questions. Thank you.
[Mr. Bahnfleth's prepared statement follows:]
Prepared Statement of William P. Bahnfleth, Ph.D., P.E., FASHRAE,
FASME, FISIAQ, Professor of Architectural Engineering, The Pennsylvania
State University, testifying on behalf of his role as Chair, ASHRAE
Epidemic Task Force
Thank you for the opportunity to address the committee today. I
appreciate that Chairman DeFazio and Ranking Member Graves recognize
the importance of transportation worker and passenger safety as the
COVID-19 pandemic continues to threaten health and life worldwide. I
also want to thank the leadership of this committee for their foresight
in holding a hearing on this topic last summer when few imagined that
the worst days of the pandemic lay ahead. Today, COVID continues to
take a terrible toll, so it is more important than ever to understand
the tools available to us to reduce risk of disease transmission in
aircraft, ships, trains, and buses, as well as the stationary
facilities that support transportation. The lessons of this
unprecedented public health crisis must be applied upon now to reduce
case numbers and save lives, and absorbed so we will be better prepared
to confront future epidemics that threaten our lives and livelihoods.
I am testifying today on behalf of ASHRAE, a professional and
technical society made up of more than 55,000 individual members
founded in 1894. The President of ASHRAE, Charles Gulledge, also wants
to extend his thanks for your investigation of this important subject.
He asked me to share his message: ``Protecting the transportation
workforce and passengers, many of whom are essential workers, is
critical for all of us, as those traveling can rapidly spread the
coronavirus over large distances. I am delighted that you have called
upon the Chair of ASHRAE's Epidemic Task Force who is one of the
leading experts in this field. On behalf of the entire ASHRAE
organization, we offer continued technical support to your committee as
you work on policies and legislation to make transportation systems
safer and healthier.''
In response to the pandemic, ASHRAE formed an Epidemic Task Force
last March, which I was appointed to chair. The Task Force is comprised
of volunteer members who are experts in the fields of air conditioning,
ventilation, filtration and air cleaning. It includes practitioners as
well as researchers and academics like myself who have focused their
careers on making indoor environments safer and healthier. Importantly,
as part of ASHRAE, the task force like all activities at ASHRAE, is
free from commercial interests. Our guidance, standards, and other
resources are based on science and consensus. The Task Force has
produced hundreds of pages of guidance materials, conducted more than a
hundred instructional webinars and courses, held briefings for policy
makers, and developed summaries of this guidance that can be more
accessible to the general public.
ASHRAE's Epidemic Task Force has produced a 43-page guidance
document specific to transportation systems (Attachment A). This
guidance is based on current understanding of how COVID-19 is
transmitted and on the principles of infection controls applicable to
indoor environments generally, which includes mobile environments such
as cars, trains, buses, aircraft, and ships. I will begin by reviewing
those foundational considerations and then relate them to the
transportation applications.
According to the US Centers for Disease Control and Prevention
(CDC) as well as other public health authorities such as the World
Health Organization (WHO), COVID-19 transmission is believed to be
possible through three modes:
Short range ``droplet'' transmission that occurs when an
infected person and a susceptible one are sufficiently close together
that large virus-containing droplets emitted by the infector through
activities such as breathing, speaking, talking, coughing, and sneezing
land in the eyes, nose, or mouth of the susceptible person. This mode
of transmission is addressed by social distancing and use of masks,
which limits the distance that infectious droplets travel and also the
quantity of droplets. It should be noted that while the customary
guideline in use for distancing is six feet, it has been shown
experimentally that a sneeze may project a cloud of infectious droplets
more than 25 ft from the source in still air. Air currents in an indoor
environment may carry these infectious clouds over even larger
distances. There is strong evidence for droplet transmission.
Intermediate surface or ``fomite'' transmission that
occurs when an infected person contaminates a surface that is touched
by a susceptible person who infects themselves by touching their eyes,
nose, or mouth. Fomite transmission is controlled primarily by personal
hygiene, i.e., not coughing or sneezing into one's hands, regular hand
washing, and not touching the face, and by disinfection of surfaces,
especially high touch surfaces like door handles. While still deemed
possible, the perceived importance of fomite transmission has decreased
over the course of the pandemic and there is little evidence that it is
a significant mode of transmission.
Airborne transmission resulting from the inhalation of
infectious aerosols, the particles produced by drying of respiratory
droplets that are sufficiently small to remain airborne for long
periods of time and to become distributed throughout an indoor
environment. Airborne transmission has been divided by some into short
range and long range airborne transmission, as aerosols are always
present even within the range associated with droplet transmission and
may contribute significantly to risk within the 6 ft distancing radius.
Airborne transmission risk is controlled by ``engineering
controls'' associated with heating, ventilating, and air-conditioning
(HVAC) systems, including dilution with outdoor air, exhaust of
contaminated air at its source, control of indoor air flows, filtration
to remove infectious particles from the air, and air cleaners that
capture or destroy infectious particles. Risk is also reduced through
the use of masks, which reduce the amount of infectious material
emitted into the air as well as the amount inhaled by a susceptible
person. The focus of ASHRAE's COVID-19 guidance is mitigation of
airborne infection risk, but within the context of a layered infection
control strategy that addresses all significant modes of transmission.
Early in the pandemic, WHO, CDC, and other health authorities
were highly skeptical of the significance--or even possibility--of
airborne transmission. Based on evidence of airborne transmission at
the time, ASHRAE and some other organizations concluded that while
definitive proof might not yet be available, there was sufficient
reason to suspect airborne transmission that it should develop guidance
to prevent it. Over time, the potential for airborne transmission
became clearer and, since October of last year, however, both WHO and
CDC have recognized that it can occur under certain circumstances and
now recommend taking precautions against it. An important
characteristic of airborne transmission is that it is proportional to
airborne concentration of infectious particles, duration of exposure of
susceptible persons, and the type of activities taking place. For
example, an infected person exercising in a fitness center will shed
infectious droplets at a higher rate than a sedentary individual and
susceptible exercisers will inhale droplets at a faster rate.
These modes of infection may occur in any type of indoor
environment, but the extent of the risk represented by each mode and
the extent to which it can be mitigated varies with the characteristics
of a particular environment.
ASHRAE's COVID-19 guidance currently addresses nine different
facility types: residential, multifamily, healthcare, residential
healthcare, commercial, communities of faith, school and university,
laboratory, and transportation. Additional guidance is under
development. The recommendations for each of these indoor environment
types involve applications of the same engineering controls in ways
appropriate to the specific indoor environment.
Ventilation with outdoor air. Outdoor air is normally
free of indoor pathogens, particularly viruses, which do not survive
well outside the body. Outdoor air is mixed with indoor air, diluting
viral aerosol it may contain and replacing potentially contaminated air
that is exhausted at an equal rate. Ventilation is the most fundamental
control for control of all contaminants. For buildings, a minimum
amount of ventilation based on the type of use, number of occupants,
and floor area is generally required by codes that are based on ASHRAE
Standard 62.1 for non-residential buildings, Standard 62.2 for
residential buildings, and Standard 170 for healthcare facilities. For
non-healthcare facilities, the minimum ventilation requirement
specified in the standard is not sufficient to provide a high degree of
protection from airborne transmission.
Air distribution. Air movement in indoor spaces can have
positive and negative impacts on infection risk. Poor circulation of
air in a space can result in poor removal of contaminants by
ventilation. High velocity currents of air created by HVAC systems can
create risk of extended droplet transmission. However, directional
airflow can also be used to efficiently remove contaminants when the
location of the source is known, for example, when an infected patient
is in bed in a hospital patient room.
Filtration. The filters used to remove particles from
indoor air are typically composed of densely matted fibers. A range of
filter efficiencies are available. The MERV rating system established
by ASHRAE Standard 52.2-2017 is most commonly used for filters found in
HVAC systems. MERV ratings range from 1-16 with higher numbers
representing filters that are more efficient, particularly for small
particles in the size range associated with respiratory aerosols.
Current minimum filter efficiency requirements in ASHRAE Standards 62.1
and 62.2 are MERV 8 and MERV 6, neither of which removes fine particles
with high efficiency. As in the case of minimum ventilation rates,
minimum filtration requirements do not provide much protection against
airborne transmission.
Air cleaners. A large number of technologies are
available that disinfect air via different process. This includes many
for which the evidence for efficacy and safety is lacking. If
effective, air cleaners can be adjuncts to ventilation and filtration.
The best established technology currently is disinfection with
germicidal ultraviolet light, which can be applied in a number of
different ways, both inside occupied spaces and in HVAC systems.
ASHRAE's Core Recommendations for Reducing Airborne Infectious
Aerosol Exposure (Attachment B) summarize guidance for HVAC system
design and operation changes to reduce risk of COVID-19 transmission.
The recommendations address the following key points:
Public health guidance should be followed. Social
distancing and good hygiene help reduce droplet and fomite risk and
indoor mask use in public spaces during the pandemic reduces both short
and long distance exposure.
Minimum levels of ventilation and filtration should be
maintained and may be exceeded if necessary to achieve desired levels
of exposure reduction. Code minimum ventilation and MERV 13 or better
filter efficiency should be viewed as baseline requirements that may
not be sufficient. A requirement to increase outdoor air is not needed
if exposure can be reduced sufficiently by other controls.
Air cleaners may be used as a supplement to minimum
ventilation and filtration to achieve risk targets. Only those
demonstrated to be safe and effective should be used.
Ventilation, filtration, and air cleaners may be combined
to achieve exposure reduction goals while minimizing energy use. The
energy cost of increased outdoor air flow, which must be brought to the
indoor temperature, can be significant and a disincentive to increase
protection. Filters and air cleaners can also reduce the amount of
active virus in the air and may be able to do it with lower energy use
and operating cost.
Unless a directional airflow strategy is applicable, air
distribution should not create strong air currents in the occupied part
of a space that can blow large droplets from person to person and
should thoroughly mix the air in a space. As noted previously the range
of droplet transmission can be extended by high velocity air flows.
Some studies of ventilation in healthcare facilities have found that in
many cases good mixing of room air results in lower exposure than
stratified air distribution.
Ventilation systems should operate whenever occupants are
present and outdoor air flow should not be reduced from its design
values. Systems should remain in operation when, for example,
janitorial or maintenance crews are present. Demand controlled
ventilation, which reduces outdoor air flow in proportion to the number
of people in a space, should not be used because it slows the removal
of infectious particles and increases their concentration in the air.
Re-entry of potentially contaminated air should be
limited to safe values. Infections may be transmitted by recirculation
of exhaust air in some types of energy recovery devices, placement of
exhausts too close to outdoor air intakes, and by unintentional air
flows through plumbing and ventilation shafts. Unintentional airflows
were identified as the cause of outbreaks during the SARS epidemic.
Recent investigations indicate that COVID-19 can be transmitted in this
way.
Systems should be commissioned to verify that they are
functioning as designed. Many existing HVAC systems are not properly
maintained and, as a result, use more energy than necessary and may not
provide good control of indoor air quality.
Further, in assessing risk related to transportation, an end to end
approach should be taken that includes the entire trip, not only, for
example, time spent on an airplane. An air traveler may take a train to
the airport, then spend time in the terminal prior to boarding and,
after arrival must again move through the terminal and may again use
public transportation to reach their destination. Any of these steps in
the process may be the cause of transmission.
Ground facilities associated with transportation, including
terminals, stations, hangars, garages, barns, and business offices have
much in common with facility types for which extensive guidance is
already available from ASHRAE and others. It should be possible to
apply effective airborne protections to such facilities. A primary
concern for public facilities such as terminals is the combination of
large transient populations passing through them and the difficulty of
maintaining distancing and of keeping the many high touch surfaces
disinfected.
Although they are not stationary, aircraft, ships, cars, buses, and
trains are, nevertheless, indoor environments typically provided with
some level of HVAC system. Therefore, the same engineering controls
applied to buildings potentially can be applied to them. However, they
are by no means simply small moving buildings. Aircraft, ships, cars,
buses, and trains are all relatively small enclosed volumes in which
the density of people is ordinarily much higher than in buildings. This
density inherently increases the risk of short range transmission and
it is difficult, if not impossible, to isolate passengers and workers
in some cases, for example, in taxis. Ships, particularly cruise ships,
bear more resemblance to land facilities but still provide many
opportunities for close contact and fomite transmission.
Transportation HVAC systems vary greatly in terms of the levels of
ventilation and filtration they provide. Aircraft HVAC utilizes high
recirculation rates through very efficient (HEPA) filters to greatly
reduce airborne transmission risk, and aircraft maintenance is
typically very thorough. There is a much wider range of conditions in
trains and buses. Ventilation rates are likely to be low, and filter
efficiencies not sufficient to provide good control of infectious
aerosols. Ability to provide protected environments for workers that
are isolated from the passenger environment also vary. Bus and taxi
drivers, in particular, are exposed to the same environment as
passengers in an enclosed environment that may not be well ventilated.
HVAC systems on ships may be more like those in buildings with respect
to ventilation and filtration, but the layout of ships can make
distancing difficult. These differences affect the requirements for,
and even the feasibility of making substantial reductions in risk. In
some cases, control options are limited by security concerns, for
example the risk of fire from malfunctioning electronic air cleaning
devices in buses.
Numerous case studies have been published investigating the
transmission of COVID-19 during the current pandemic, mostly focused on
aircraft, cruise ships, and buses. Similar studies in the past have
investigated transmission of SARS and other diseases, particularly
influenza. A few examples will serve to illustrate typical findings.
Even in the highly ventilated, HEPA filtered environment of aircraft,
transmission of COVID-19 has been observed during long-haul flights. In
general, infections traced to travel tend to be passengers or workers
who are in proximity to the index patient. For example, during a
roughly 10-hour flight from London to Hanoi carrying 217 travelers that
resulted in 14 infections among passengers and one among crew members,
12 of the infected were in the business class cabin where the index
patient was located (Khanh, et al. 2020). Significant outbreaks have
been associated with even sparsely occupied planes, as in the case of a
flight to Ireland that yielded 13 in-flight cases--12 passengers and
one crew member--even though it was only at 17% capacity with 49 of 283
seats filled (Murphy, et al. 2020). In this case, there were several
groups of infected travelers in adjacent seats. While these incidents
suggest close contact transmission because of the clustering of cases,
investigations of other incidents suggest airborne transmission. For
example, during a 100 minute round-trip by bus to a religious event, 24
of 68 passengers were infected by a single index patient. The air
conditioning system on the bus was in recirculation mode during the
trip, i.e., no outdoor air was being brought in to dilute air
contaminants (Shen, et al. 2020). In the case of the Diamond Princess
Cruise ship incident, in which 712 of 3711 passengers and crew members
contracted COVID-19, one analysis of infection data concluded that long
range aerosol transmission accounted for most of the cases, even though
the HVAC system on the ship was not recirculating air, while a second
implicated close contact (Xu, et al. 2020).
Like most buildings, our means of transportation have not been
designed to protect us from the risk of airborne infection. Aircraft,
with their well-maintained systems that provide good ventilation and
filtration of air still have proved vulnerable to infection
transmission because of passenger density and the long duration of some
flights. Other transportation modes provide greater opportunities to
transmit disease to passengers and workers because of their designs
that provide only modest ventilation and filtration and that may not be
subject to the stringent maintenance requirements of aircraft. The
COVID-19 pandemic has exposed the extent of these limitations as
documented in forensic studies of transportation-related outbreaks. For
the present, the best way to minimize infection risk related to travel
remains to do so only when necessary and, even then, by observing all
recommended safety and hygiene measures, particularly distancing and
use of masks.
For the safety of those who must travel, it may be possible to
upgrade the HVAC systems of some modes of transportation by improving
ventilation, increasing filter efficiency and adding air cleaning
technologies where applicable. However, as noted previously, there are
limitations to the kind and extent of upgrades. This lesson--that risk
can be significant and that our transportation systems currently may
not provide the desired level of protection to workers and passengers,
should be reflected in the design of future trains, buses, automobiles
and ships. Improvements could include the obvious measures of
increasing ventilation rates and filter efficiencies as well as making
use of emerging air cleaner technologies. Some of the technologies we
need are available now, but there are many opportunities for applied
research to improve system design. For the safety of workers, providing
isolated, clean environments for workers is also important, given the
higher level of risk they experience due to spending a much greater
amount of their time exposed to the risks inherent in transportation.
Clear instructions to passengers regarding safe travel practices that
are enforced is also a way to make existing transportation system safer
while new and better protected fleets are developing. Given the rate at
which vaccines for COVID-19 are being deployed, follow through in
addressing all of these needs is essential. ASHRAE is committed, within
its sphere of expertise, to helping ensure that the safest possible
conditions are provided for all who need and want to travel, today and
in the future.
I appreciate the committee's desire to investigate this important
topic and your consideration of my testimony. Protecting transportation
workers and passengers is vital, especially for essential workers and
those with critical needs such as doctor appointments. I hope my
perspective focused on the built environment and HVAC systems proves
useful, and I look forward to answering your questions. I also would be
happy to provide any additional technical assistance from ASHRAE's
Epidemic Task Force to advance the work of this committee. Thank you.
references
Azimi, P., Keshavarz, Z., Laurent, J.G.C., Stephens, B.R. and Allen,
J.G., 2020. Mechanistic transmission modeling of COVID-19 on the
Diamond Princess cruise ship demonstrates the importance of aerosol
transmission. medRxiv.
Khanh, N.C., Thai, P.Q., Quach, H.L., Thi, N.A.H., Dinh, P.C., Duong,
T.N., Mai, L.T.Q., Nghia, N.D., Tu, T.A., Quang, L.N. and Dai Quang,
T., 2020. Transmission of SARS-CoV 2 during long-haul flight. Emerging
infectious diseases, 26(11), p.2617.
Murphy, N., Boland, M., Bambury, N., Fitzgerald, M., Comerford, L.,
Dever, N., O'Sullivan, M.B., Petty-Saphon, N., Kiernan, R., Jensen, M.
and O'Connor, L., 2020. A large national outbreak of COVID-19 linked to
air travel, Ireland, summer 2020. Eurosurveillance, 25(42), p.2001624.
Xu, P., Qian, H., Miao, T., Yen, H.L., Tan, H., Cowling, B.J. and Li,
Y.J., 2020. Transmission routes of Covid-19 virus in the Diamond
Princess Cruise ship. medRxiv.
Shen, Y., Li, C., Dong, H., Wang, Z., Martinez, L., Sun, Z., Handel,
A., Chen, Z., Chen, E., Ebell, M.H. and Wang, F., 2020. Community
outbreak investigation of SARS-CoV-2 transmission among bus riders in
eastern China. JAMA internal medicine, 180(12), pp.1665-1671.
attachment a
ASHRAE Epidemic Task Force Guidance on Transportation
[The 43-page document is retained in committee files and is
available online at https://www.ashrae.org/file%20library/
technical%20resources/covid-19/ashrae-transportation-c19-guidance.pdf.]
attachment b
ASHRAE's Core Recommendations for Reducing Airborne Infectious Aerosol
Exposure
[Attachment B is retained in committee files and is available
online at https://www.ashrae.org/file%20library/technical%20resources/
covid-19/core-recommendations-for-reducing-airborne-infectious-aerosol-
exposure.pdf.]
Mr. DeFazio. Thank you, Professor. Now Councilman Buscaino.
Mr. Buscaino. Good morning, Chair DeFazio, Ranking Member
Graves, and members of the committee. I am here today on behalf
of the National League of Cities, the Nation's oldest and
largest network of cities, towns, and villages across America.
The Nation's cities are on the front lines of the COVID-19
response, and it is clear that the health and economic crisis
is not over. Together, Congress and America's city communities
must keep up the pace this year to respond, recover, and
rebuild from the COVID-19 pandemic and the economic challenges
that came with such a prolonged and devastating pandemic.
Local governments and our essential employees have been
organizing since the first cases of COVID-19 were reported.
Whether it was mask-wearing policies, keeping essential workers
and projects moving, or supporting local restaurants and
businesses with sidewalk or street access, we have tried to
tackle every challenge head on.
Locals are working to keep essential services and workers
moving during COVID-19, but it has created a ripple effect of
shutdowns and devastating health impacts that has docked almost
every budget line in our city. This year, local budgets
nationally are facing a shortfall of at least $90 billion, and
we have depleted our reserves throughout 2020 on COVID
expenses, leaving little cushion.
To balance budgets, it has cost the U.S. 1.3 million good
Government jobs, including transportation workers. In Los
Angeles alone, the city's budget is short by $600 million this
year, which will wipe out our $259 million reserve savings. It
also leaves us with an unpaid $75 million loan to ourselves
from our public works trust fund, which must be repaid on July
1st, per our city charter.
Large cities like ours that were lucky enough to get CARES
Act COVID relief funding have met needs quickly; 96 percent of
L.A.'s CARES relief funding have been used. While many cities
and towns had to wait for State or county allocation, they put
their CRF funds to good use by getting PPE to essential city
workers, helping small businesses, and providing housing relief
to families.
I want you to know, colleagues, that any relief Congress
passes for cities will be used to continue to support our most
valuable asset: our people. America's communities are proud to
have a dedicated and resilient workforce of professional,
essential workers who have kept everything running, especially
those who are part of our national supply chain, like my family
and friends and neighbors in my hometown community of San Pedro
that work the docks at the Port of Los Angeles and those that
provide transportation to our communities.
Unfortunately, far too many have fallen ill or lost their
lives, like my dear friend Eddie Greenwood. They protect others
from the virus. Our dockworkers may be essential but shouldn't
be sacrificial.
We salute them as essential workers and this committee can
honor their sacrifices by taking steps to protect them and
their jobs. Most importantly, colleagues, we have to get
essential supplies and vaccinations to essential workers. The
COVID-19 spread to dockworkers at the Port of Los Angeles is
concerning, and we have come close to having to shut down.
Ten percent of our longshore workers are quarantined, while
more than 30 ships are lined up waiting to unload all the goods
Americans are ordering online and getting shipped to their
doorstep. This is unheard of at our port complex.
Port truckdrivers, the men and women who haul containers
from our Nation's seaports to warehouses, distribution centers,
and rail yards, are also essential workers, transporting the
necessities like food and medical supplies, like PPE, to make
sure that we all can survive this pandemic.
But because they are misclassified as independent
contractors, they don't receive sick leave and are not offered
any protections to guard against the virus. This situation
leaves drivers to fend for themselves against the pandemic,
placing their lives at risk and threatening our supply chain
that provides over 40 percent of goods to the country.
It is clear a stronger connection is needed between FEMA
declarations during a pandemic, DHS definitions of essential
workers, and then access to PPE for our essential workers. We
cannot have a Wild West PPE procurement strategy. From
profiteering to seizures, it was a mess, and it cost us more.
We must do better.
Finally, the Federal Government can directly partner with
local governments to support workers effectively. The National
League of Cities recommends passing additional COVID relief,
using a formula like the one in H.R. 199 by Representatives
Delgado, Katko, and Zeldin, and keeping our transit moving.
FEMA can be a more reliable partner, and we thank President
Biden and FEMA for ensuring that COVID relief will be 100
percent federally matched.
We ask this committee to support our transportation workers
across all modes by working with us and to help us bridge the
last gap between now and substantial vaccine distribution.
Members, colleagues, we must act with urgency, but we must all
be prepared to tackle the important rebuilding that is ahead of
us.
Mr. Chairman, thank you, sir.
[Mr. Buscaino's prepared statement follows:]
Prepared Statement of Hon. Joe Buscaino, President Pro Tempore, Los
Angeles City Council, testifying on behalf of the National League of
Cities
Good morning, Chair DeFazio, Ranking Member Graves and Members of
the Committee:
I am Joe Buscaino, President Pro Tempore of the Los Angeles,
California, City Council, and I am here today on behalf of the National
League of Cities (NLC), the nation's oldest and largest network of
cities, towns, and villages across America. While I happen to represent
one of the biggest cities in the U.S. with one of the nation's largest
ports in my district's backyard, I am proud to serve alongside great
elected city leaders from Lexington, SC; Union City, GA; Bozeman, MT;
Easton, PA, and so many other cities and towns of all sizes across the
country. NLC is the collective voice of every town in America working
with Congress on local priorities, and we are proud to be a part of
each and every one of your Districts. NLC looks forward to working with
you to strengthen our federal programs and policies and providing
innovative solutions that can serve all our communities in COVID-19
relief and infrastructure legislation this year.
Supporting Essential Workers in America's Cities
The nation's cities are on the front lines of the COVID-19
response, and it is clear that the health and economic crisis is not
over. Together, Congress and America's communities must keep up the
pace this year to respond, recover and rebuild from the COVID-19
pandemic and the economic challenges that have arrived with such a
prolonged and devastating pandemic. Local governments have been the
first line of defense in responding and organizing against the virus
since the first cases were reported. Whether it was mask wearing
policies, keeping essential workers moving, or supporting local
restaurants and businesses with sidewalk and street access, we have
tried to tackle each challenge head on. But COVID-19 at the local level
has not been one single challenge. The ripple effect of shutdowns and
devastating health impacts has docked almost every budget line in our
city. Even with our best efforts, we have already lost far too many
friends, family members, and local workers to this pandemic.
Vaccinations cannot come quickly enough for essential workers who must
stay on the job like our transportation workers, police, firefighters,
and many others.
In my hometown of Los Angeles, we are doing everything we can to
fight the rapid spread of the virus. My fellow city leaders across the
nation also responded with urgency to protect the health of residents
while also trying to keep as much of our essential businesses and
services as open as possible. Yet, as we reach one year after the
crisis began, Los Angeles has one of the highest concentration of cases
in the country despite our efforts to combat COVID-19. To put this more
starkly, one in every nine residents of L.A. County has tested
positive. Now, we are reaching the end of our fiscal reserves, even
while COVID cases surged in L.A. in the winter.
To pay for the COVID response essentials and services, we have
exhausted our budget and typically dependable revenues are off
substantially. One clear and unavoidable example is the $92 million
economic loss to Los Angeles' economy of a cancelled 2020 cruise season
out of the Port, and the loss in 2021 may be equally severe. The City
Administrative Officer has projected that General Fund revenues are
likely to fall short of the 2020-21 Budget by $600 million. Closing
this gap will deplete the entire $259 million Contingency Reserve
Account and Budget Stabilization Funds, created in the wake of the last
recession, by the end of the fiscal year. Compounding the problem, the
City already borrowed $75 million from the Public Works Trust Fund, in
order to meet immediate, emergency expenditures related to COVID, such
as setting up the nation's largest testing site at Dodger Stadium and
providing meal delivery for our seniors. This loan must be repaid by
July 1, 2021, according to the City Charter. Congress chose not to
include local aid in their December COVID response package, and we do
not expect FEMA reimbursements before then. Your support in the next
COVID package will make a difference as we continue to respond to every
911 call, provide housing assistance programs like Project Room Key,
and keep vaccine sites like Dodger Stadium running at full pace.
Cities and towns of every size and in every state have reached out
to Congress to tell you clearly--local budgets in the fiscal 2021
budget year are short by at least $90 billion, and we have depleted our
strategic reserves throughout 2020. Two-thirds of America's cities
indicated in an NLC survey that they are delaying or completely
cancelling capital outlays and infrastructure projects. Six out of ten
cities are cancelling equipment purchases. Cities in the middle like
Duluth, Minnesota, were projecting a $25 million budget hit to its $93
million general fund, had to lay off over 50 workers and institute a
hiring freeze. Kansas City, Missouri, now anticipates a $50-million
deficit during this fiscal year despite freezes and cuts. Cities and
towns have slashed programs, positions, and postponed local
infrastructure projects, and the strain on keeping essential services
and workers protected is nearing a breaking point. The U.S. has lost
1.3 million jobs connected to local and state government in the last
year, leaving many positions unfilled and many workers doing overtime
to fill in the ranks.
We need Congress to understand the urgency of the situation at home
in our communities. Those cities like ours who were lucky enough to
receive direct CARES Act funding have put that Congressional support to
use swiftly and prudently. The City of Los Angeles has committed 96% of
our Coronavirus Relief Funds (CRF) to eligible tasks, programs, and
equipment, and the remainder of the funds will soon be expended. Those
smaller cities and counties who received a small portion of what their
states shared are moving quickly to use it on personal protective
equipment (PPE) and gaps in basic needs for their residents like food,
housing, and utilities. Places like North Kansas City, Missouri, used
the majority of their funds for small business grants, and the
remainder for rental and utility assistance as well as PPE and physical
distancing supplies.
However, in most places, the CARES Act CRF funds are not equal to
the need even with additional city resources. In Los Angeles, we
dedicated $100 million for rental assistance, and in less than three
weeks we stopped accepting applications for the program due to the huge
demand and limited funding. In many ways our cities are more directly
and quickly reaching the pressing needs of residents. The City of
Phoenix, Arizona, used CRF to provide $30 million in rental assistance
compared to the state which only stood up a $5 million rental
assistance fund. As Congress negotiates the next response bill, we
implore Congress to pass additional COVID economic relief that can be
quickly and efficiently delivered everywhere it is needed to combat the
scale of this challenge. To fight this, we must lead together, with
urgency. This crisis continues to eat away at our communities and our
economic competitiveness, and we cannot wait until there is nothing
left to appropriately respond. The time to act is now, and only then
will we all be prepared to tackle the important rebuilding that is
ahead of us.
America's communities are proud to have a dedicated and resilient
workforce of professionals who have kept everything running during
these unprecedented challenges. We ask this Committee to support our
transportation workers across all modes. They have been essential
workers since the beginning of the pandemic, and they have kept our
transportation systems for people and goods moving. Unfortunately, far
too many have fallen ill or have lost their lives to protect others
from the virus. Today, I'd like to highlight two groupings of local
workers: those who are part of our national supply chain--like the
family, friends, and neighbors in my hometown community of San Pedro
that work down on the docks at the Port of Los Angeles, and those that
provide transportation to our communities--and some specific actions
this Committee can take to protect and support them as they earn their
livelihood.
Supporting Transportation Supply Chain Essential Workers and Safe
Operations
America's transportation supply chain is a national resource, but
it all starts and ends in local areas like my District which includes
the Port in Los Angeles. The Port of Los Angeles is the busiest
container port in the nation and supports more than 144,000 jobs (about
1 in 13 jobs) in the City of Los Angeles and 517,000 jobs (1 in 17
jobs) in the five-county Southern California region, and 1.6 million
jobs nationally. These include 15,000 members of our longshore
workforce, 18,000 truckers, in addition to railroad, warehouse, and
other logistics service providers. The City has worked consistently to
support essential workers across the supply chain by donating masks and
personal protective equipment (PPE) procured through a whole-of-city
effort called Logistics Victory Los Angeles, as well as providing the
Port a supply of industrial grade bleach from our Department of Water
and Power to dilute for cleaning of terminals. The Port, in turn,
worked with restaurant supply companies to provide these supplies to
other essential workers as well.
The COVID-19 spread at the Port of Los Angeles is concerning. Two-
thirds of all imports into our local ports make their way across the
country brought by the port drivers and train operators who are
delivering these goods. Almost 700 dockworkers at the Los Angeles and
Long Beach port facilities alone have confirmed they contracted COVID-
19, and around 10% of the longshore workforce is in quarantine.
Logistics and transportation workers have seen their mortality rates
increase 28% due to COVID, second only to food and agriculture workers
(39%). One of the port's largest container terminals was close to
shutting down over the holidays. They were able to remain open only by
adopting enhanced protocols--including remote dispatching, temperature
checks for workers, and more rigorous testing. However, even with
current protocols in place for cleaning and social distancing, COVID
transmissions are increasing.
Port longshore workers and drivers are also staring at over 32
arriving container ships that are backed up on our shoreline--a clear
visual reminder of how the pandemic is affecting our economic well-
being as well as our health and the need to quickly vaccinate this
essential and at-risk group of transportation workers. While COVID-19
cases have surged locally and transportation workers are trying to be
careful, the port is very busy and likely will continue to be. While
Americans were not taking flights or going to sporting events, they are
shopping from their phones and getting everything delivered to their
doorstep which all comes through the national and localized
transportation network. If a large number of longshore workers are
unavailable to work, or if terminals need to shut down, the waiting
time to unload will increase causing a ripple through the national
supply chain.
Supporting Local Transportation Workers and Essential Rides
Local transportation workers range from construction crews to bus
drivers to maintenance specialists and so many more. Transportation is
particularly sensitive to demand, and one of the immediate clear signs
of an effective healthy stay-at-home order was that far less people
were using transportation. Through shutdowns and uncertainty, COVID-19
has greatly impacted the 435,000 transportation and workers and transit
agencies, like the Los Angeles Metro, as well as all the businesses
they work with and riders across the nation. With the shift in demand,
transit agencies and providers, like transportation network companies
and scooter and bike rentals, have shifted as well with many
reevaluating their routes and services and how to best protect their
workers as well as the public.
For many transit providers, the stay-home orders gave a very clear
view of the essential rides they were providing for essential workers.
For many low-wage essential workers in Los Angeles--such as grocery
store workers and hospital janitorial and maintenance staff--public
transit is likely their primary way to get to work, and we now have
insight on how to serve them. This is also true with rural and small-
urban transit providers, as recent analysis by Community Transportation
Association of America shows that ridership held steady during COVID-19
at half their normal ridership, indicating these trips are for
essential workers or essential functions. For a larger system like
Metro which adjusted service levels during Los Angeles' Safer at Home
restrictions, April ridership was about 31 percent, and by September,
Metro was up to 55 percent of its normal ridership.
Transit providers, including Los Angeles' Metro, worked
collectively with the American Public Transportation Association (APTA)
to commit to actively communicate with riders and to show exactly what
transit agencies are doing to help keep their service as safe as
possible and slow the spread of COVID-19. For workers, the necessary
PPE continues to be distributed and procured as safety of employees is
one of Metro's top priorities. For customers, mask requirements and
cleaning have been a visual and robust reinforcement of the commitment
to reduce the spread. Metro mandated the use of operator safety
barriers on all buses to ensure the separation of bus operators from
customers. To spread out passengers and avoid frequent contact with bus
drivers and the public, many systems implemented rear door boarding and
alighting, with the exception of our ADA passengers requiring the use
of wheelchair lifts to safely board buses.
For those required to work at Metro locations, masks are required
for all employees, vendors and customers; self-symptom self-checks are
required prior to entering Metro facilities and locations; social
distancing requirements are posted and monitored by management; and
hand sanitizers are installed at locations and stations. Metro
continues to issue trainings, communications, and written guidance to
employees regarding safety and social distancing requirements. The
agency has issued daily communications to all employees regarding COVID
updates, leave requirements, emergency telecommuting, deaths and
positive case counts, and revenue service updates. For all
administrative staff, Metro has expanded its telecommuting policy to
allow for emergency telecommuting for all positions whose jobs can be
performed remotely. This has significantly reduced onsite workforce and
has resulted in the use of modified work schedules to allow for
telecommuting where practicable.
While we are arriving at the one-year anniversary of COVID, only
this week has a comprehensive national mask mandate while traveling
across modes been in place with the executive action of the President
and the Centers for Disease Control and Prevention (CDC). Cities
welcome this support as one of the most effective ways to keep everyone
across the transportation chain safer as they work. As COVID cases and
deaths increase in communities, transportation workers are at risk as
their jobs are often performed by necessity in the public sphere and in
close proximity to the public or with colleagues. Masks and social
distancing are key to stopping transmission so much so that some
transportation service providers went as far as to pause all fare
collection temporarily to limit interaction time with drivers. In Los
Angeles, Metro's transit drivers confirmed COVID cases track with
community spread, but as with most skilled transportation workers, the
pool of qualified workers is limited, sometimes leading to more
overtime hours and therefore, more transmission risks just from time
spent on the job.
As the vaccine rollout begins, urban and rural transportation
services will be essential to getting at-risk populations to vaccine
sites. Forty-four percent of rural transit system responders reported
they are already engaging with public health officials at the local
level to assist in a variety of ways with vaccine distribution. Private
transportation providers are also stepping up their advertisements and
support for this as well. Transit has benefited from previous
Congressional COVID packages, but the financial limits to providing
service with limited passengers and farebox revenue is challenging many
of the largest systems. As vaccinations increase, the CDC guidance and
federal and state strategies must continue to take into account the
critical interaction of essential workers who serve the public daily.
COVID-19 Lessons Learned That Congress Can Act On
1. Share Essential Supplies with Essential Workers
Locally, we ensured that all local and state emergency orders
recognized workers across the supply chain as ``essential,'' as defined
by the U.S. Department of Homeland Security Cybersecurity and
Infrastructure Security Agency (CISA). As we reflect on the gaps for
port and supply chain workers, their delineation as ``essential
workers'' by CISA did not provide them any minimum guarantees of
protective equipment by the federal government, and in fact, it
increased their risk. Essential workers were encouraged to go to work
even without access to PPE, and in some cases, such as port drivers who
are identified as independent contractors, their employers did not have
to provide them PPE. The City and our Port made every effort to fill
these gaps. Since a larger percentage of the nation's essential worker
jobs are held by people of color, it is concerning that the risks of
our policies are being passed on disproportionately. From a national
legislative perspective, a stronger connection between FEMA
declarations during a pandemic and CISA definitions of essential
workers would establish a clearer process to procure essential
protection items for essential workers.
2. Improve the National Pandemic Procurement Strategy
Unfortunately, the federal government's lack of national
procurement strategy of PPE led to higher prices for local and state
governments, health care workers, and essential workforces. Many
suppliers were profiteering middlemen that sold at highly inflated
prices, set unacceptable terms, or offered shipments of goods that
could not be verified as legitimate, medical grade PPE. During that
period, L.A. competed with other government agencies to procure N95
masks; in another, a shipment targeted by L.A. for potential
procurement was seized by the federal government. In a pandemic, local
governments should have insight into how their mask and PPE
acquisitions would be aligned with national procurement as well as the
number of essential CISA workers in their cities. The federal
government may learn from Los Angeles' whole-of-city effort, Logistics
Victory Los Angeles.
3. Provide More Transportation Workforce Testing and Targeted
Vaccinations
Each state is providing vaccinations to essential workers
differently, and some have prioritized transportation workers more than
others. In my role with the City of Los Angeles, I have led a
resolution in Council to ask our state legislature and administration
to support the Port's essential waterfront workers and prioritize
distribution of the COVID-19 vaccine for essential waterfront workers.
The need for both prioritized vaccination and available testing for
essential workers is clear. Scaled up and more frequent testing is
necessary to get a more accurate assessment of positivity rates. The
Los Angeles Port is working with stakeholders to identify a location
for large scale testing and vaccination of the workforce.
4. Direct Funding Is the Quickest Delivery of Emergency Relief
Local officials are distinctly positioned to protect the health and
safety of America's residents and to provide reassurance in times of
crisis. In the future, NLC recommends that all pandemic emergency
funding should use an allocation formula based on the Community
Development Block Grant program (CDBG) as approved by the House in the
HEROES Act and now H.R.199. Relying on a CDBG framework would eliminate
the time-consuming need to stand up a completely new administrative or
regulatory framework as was required by the CARES Act Coronavirus
Relief Fund (CRF). CDBG is also the most familiar revenue sharing
mechanism for states and localities. Additionally, entanglement of
state and local funding should be minimized. A lack of clarity burdened
communities trying to responsibly use the CARES CRF from the start,
resulting in confusion, delays, and infighting among primary and
secondary grant recipients.
Federal transit support in Congressional COVID relief bills has
been incredibly effective and efficient using existing and dependable
formulas to support local transit agencies. We urge you to consider the
level of service reliability that may be jeopardized if draconian cuts
must be made to transit service and workers. APTA has recommended a
funding level of an additional $39.3 billion in additional COVID-19
emergency funding to help public transit agencies continue to provide a
critical lifeline to essential workers and to help our communities
begin to rebuild our economy. Unfortunately, the ability of cities to
fill gaps in local transit budgets are now limited by our financial
challenges from COVID, and depending on action by Congress, the ability
to support additional service may be limited.
5. FEMA Must Be Reliable, Relief Must be Accessible and Available
Quickly in the Future
The Federal Emergency Management Agency (FEMA) is responsible for
assisting communities in disaster, but the level of support is
dependent on quick Congressional action or Presidential Executive
Order. Congress and this Committee introduced H.R. 8266, the FEMA
Assistance Relief Act of 2020, adjusting the FEMA cost-share for all
COVID-19 related Emergency and Major Disaster declarations to 100
percent, and while it did not pass, President Biden's recent executive
order has unlocked future FEMA support at 100 percent. However, a gap
remains that Congress could fill now and provide some relief to
communities who still have to meet the matching requirements for last
year after their budgets have been depleted by COVID-related expenses.
Congress must pass legislation that would consistently provide 100
percent federal support under all COVID FEMA emergency designations
rather than only some.
We would also strongly encourage legislation to confirm that
communities could be reimbursed for certain expenses including PPE for
public transit, public utilities and other government buildings and
services, and for FEMA to rescind their prior policy guidance which
does not allow for essential workers to receive essential protective
equipment. NLC also strongly encourages all action to expedite FEMA
repayment so that communities do not have to float costs over budget
cycles. Cities and towns across this country employ thousands of
dedicated police officers, firefighters and transportation workers that
courageously serve the public and keep our communities moving, even in
the most challenging times. They rely on the cities and towns across
this country to meet their biweekly or monthly payroll obligations.
Delayed FEMA repayments will result in layoffs of critical frontline
workers. Lastly, we also urge action to limit the amount and standards
for FEMA to claw back reimbursements that were approved.
6. Broadband Remains a Pandemic Gap and Future Transportation Demand
Connectivity became an essential utility for workers and students
during the pandemic as much as water and electricity, and with
connected vehicles, signals and other infrastructure, transportation is
poised to benefit from a reliable broadband ``highway'' nationally. A
serious national connectivity effort is needed to meet the demands of
business and our transportation future. However, local investment has
been hampered by state and federal preemption, digital redlining, and
monopolistic practices by incumbent providers. Congress should
prioritize rectifying these mistakes and invest in broadband as a
national priority as part of any recovery or infrastructure effort.
This Committee could allow for broadband buildout alongside all
federally funded transportation projects. Regrettably, cities in half
of the U.S. states are prohibited from building, owning, or operating
broadband service that is essential to our residents. Congress could
include the Community Broadband Act in future legislation to free
cities from these state limitations, at no cost to the federal
government. The Protecting Community Television Act and Accelerating
Broadband Development by Empowering Local Communities Act would provide
communities with needed flexibility and more substantial support to
protect residents and promote digital equity, again at no cost to the
federal government.
Congress Can Partner With Local Governments
America's cities, towns and villages need urgent support from
Congress to keep essential services and workers moving locally, and we
remain fully committed to being the federal government's partner in
fighting this pandemic and solving the challenges we are confronted
with. It cannot be overstated that U.S. transportation patterns and
revenues changed overnight, and cities, states, and this Committee must
analyze what is fundamentally changed, along with what is temporarily
changed yet extremely difficult, and, finally, what advantages and
disadvantages exist as we rebuild and reimagine our current assets and
goals for transportation. The National League of Cities looks forward
to the discussions to come to address this and how to improve and
innovate across the nation's transportation systems.
appendix
[The 22-page appendix is retained in committee files and is
available online at https://docs.house.gov/meetings/PW/PW00/20210204/
111128/HHRG-117-PW00-Wstate-BuscainoJ-20210204-SD001.pdf.]
Mr. DeFazio. All right. I thank the gentleman for his
testimony.
We want to move on to Member questions. Each Member will be
recognized for 5 minutes. I will start by recognizing myself.
What is that? Oh, sorry.
I ask unanimous consent to insert into the hearing record
the statement from the National Safety Council.
Without objection, so ordered. Thank you. All right.
[The information follows:]
Statement of the National Safety Council, Submitted for the Record by
Hon. Peter A. DeFazio
Thank you for holding this hearing on the important steps that need
to be taken to protect all transportation users from COVID-19, and for
allowing the National Safety Council (NSC) to submit these comments for
the record.
NSC is America's leading nonprofit safety advocate and has been for
over 100 years. As a mission-based organization, we work to eliminate
the leading causes of preventable death and injury, focusing our
efforts on the workplace, roadway and impairment. We create a culture
of safety to keep people safer at work and beyond so they can live
their fullest lives. Our more than 15,500 member companies represent 7
million employees at nearly 50,000 U.S. worksites.
These are times like no other, with the coronavirus impacting all
aspects of our lives, including our mobility systems. To help tackle
some of these issues, NSC launched the Safe Actions for Employee
Returns (SAFER) initiative with large and small companies, nonprofits,
legal experts, public health and medical professionals and government
agency representatives.\1\ SAFER includes a transportation sub-group
focused on many of the key transportation and COVID-19 safety issues
you will undoubtedly examine during this hearing. The SAFER initiative
also produced a free online playbook \2\ specifically focused on
transportation considerations.
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\1\ www.nsc.org/safer
\2\ https://www.nsc.org/getmedia/6fa9f7e9-166d-476c-9fdb-
9f9f97a2dbae/transpotation-considerations.pdf.aspx
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Transportation is one sector that has largely continued operations
during the pandemic, placing transportation workers on the front lines.
They have been essential to providing critical transportation for
healthcare and other essential workers, as well as food, medicine, and
other goods necessary to keeping the economy going. Through SAFER, NSC
has provided the transportation and other sectors with factual,
scientific information for employees to keep them safe and healthy.
Some of the recommendations we have made for months include basics such
as wearing face masks, social distancing, and hand washing, which we
know must continue even as people are being vaccinated. These basic
steps have been proven effective at limiting the spread of the virus.
NSC supports the executive actions of the new Biden Administration and
subsequent CDC guidance requiring masking on domestic transportation
systems. This is a simple step to keep people safe and the economy
moving.
Regarding vaccinations, NSC calls on employers to be leaders in
helping educate their employees on the fact that the coronavirus
vaccine is safe and effective, and by taking the vaccine once it is
available to them, they are keeping their families and the most
vulnerable safe. Employers should also lead by providing factual,
science-based information to counter vaccine misinformation. Many of
the vaccination recommendations are centered around occupations,
underscoring required employer leadership and education, and we urge
state and federal policymakers to communicate clearly with employers on
which personnel are eligible for vaccinations. The CDC developed an
occupational guidance document to assist.\3\ NSC likewise supports the
call from President Biden to provide paid time off for employees and
contractors to be vaccinated due to how critical vaccine uptake is for
addressing the pandemic and continuing our economic recovery.
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\3\ https://www.cdc.gov/vaccines/covid-19/categories-essential-
workers.html
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On January 29, NSC was also pleased to see the U.S. Department of
Labor Occupational Safety and Health Administration (OSHA) issue new
guidance to help employers mitigate the risk and prevent the spread of
COVID-19.\4\ We support this guidance, and we urge widespread sharing
of this information and updates as they are available with all
industries.
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\4\ https://www.osha.gov/coronavirus/safework
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Another transportation safety issue this committee should address
is the declining state of roadway safety during the pandemic. Roadway
fatality rates and numbers have increased at an alarming rate. Emptier
roads have led to dangerous driver behavior such as operating at
excessive speeds, being impaired or distracted behind the wheel, and
not wearing seat belts. From January-November 2019, 35,879 people died
on our roads. For the same period in 2020 (January-November), 38,370
people died on the roads. Preliminary estimates show a 9% increase in
motor vehicle deaths for November 2020, up from last year, despite an
11.1% decrease in the number miles driven. Transportation incidents are
still the leading cause of workplace deaths.\5\ There is much more we
can and must do to end these preventable deaths, and NSC looks forward
to working with you to address our roadway fatality epidemic as well.
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\5\ https://www.bls.gov/news.release/pdf/cfoi.pdf
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Transportation workers are heroically meeting the many logistical
challenges to ensuring the distribution of supplies, including
vaccines, head-on. However, the alarming increase in roadway fatalities
indicate that we must continue to double down on proven roadway safety
practices rather than loosen regulations which could lead to more
deaths on the road. For example, NSC supports maintaining the existing
requirement for interstate commercial motor vehicle drivers to be at
least 21 years old. Data shows that motor vehicle crashes are the
leading cause of death for 15 to 24 year olds, and drivers 21 and
younger have the highest fatal crash rates of any age group.\6\ Many
teens lack the maturity and ability to respond quickly to hazards,
struggle at driving the appropriate speed for conditions, have trouble
driving at night and are easily distracted by young passengers.\7\ We
remain concerned about a pilot program proposed by the Federal Motor
Carrier Safety Administration (FMCSA) \8\ to allow 18-20 year olds to
operate commercial motor vehicles (CMVs) across state lines.
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\6\ https://injuryfacts.nsc.org/motor-vehicle/overview/age-of-
driver/
\7\ The Anatomy of Crashes Involving Teens, http://
www.ncbi.nlm.nih.gov/books/NBK9672/
\8\ Docket No. FMCSA-2018-0346
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Employers and their workforces, including in the transportation
sector, have been grappling with one of the worst workplace safety
challenges in history. Continuing to promote basic safety precautions
for employees and users alike will ensure that our transportation
system continues to operate safely, while ensuring widespread vaccine
access to communities across the U.S. NSC looks forward to working with
this committee to protect the workers and users of our national
transportation system, on which so many of us depend.
Mr. DeFazio. OK. I am going to move to, in the sense this
is potentially looming, the issue of mandatory COVID testing
before people get on airplanes, what that would do potentially
to the industry, what it would mean for diverting COVID tests
from other needed places, et cetera. So I'll first start with
Ms. Nelson.
Ms. Nelson. Thank you, Chairman DeFazio. Let's just
recognize that this would be devastating to the airline
industry. We cannot do cosmetic things that won't actually
contain, kill the virus, and make sure that we are eradicating
it. We do not have the tests to be able to perform this.
Isolating the airline industry and not doing the same thing
for mass transit or doing this at grocery stores or restaurants
doesn't make any sense as we have community spread. So this
would really be more about targeting the airline industry and
the workers who would suffer from this policy without having
something that we can actually do that is effective.
We really need to focus our efforts on effective methods of
containing the virus and keeping us all safe.
Mr. DeFazio. OK. Thank you. Would one of our two healthcare
experts like to comment on the problems and/or potential for
such a measure?
Mr. Michaels. Certainly, Mr. Chairman. I agree with Sara
Nelson. I think while testing can be useful, I actually don't
think it adds much. I think we know how to protect workers and
passengers on planes. Masking, improved ventilation,
filtration, and distancing has been shown to be very effective,
and I think if you give people tests, given the possibility of
false negatives, you actually could provide a sort of false
security that we don't really want to have. So, given the cost
and the imposition of it, I would oppose that as well.
Mr. DeFazio. You raised the issue of distancing. If I could
just get into that, some analysis I have read said it is not so
much the actual physical distance because you can't get that
far away from anybody in a plane, but the fact that you are
limiting in total the capacity of the plane, which lessens the
likelihood of a severely infected person transmitting on the
plane. Is that your understanding of how we would deal with
this in aviation? Because I am only aware of one airline that
has totally continued that policy at this point.
Mr. Michaels. You know, I think it is a combination of
factors. Certainly you want to limit distance. The improved
ventilation system will help you more than probably anything
else. But my understanding is that airflow is key, and you got
to watch exactly where the air goes and test that.
But you also want to limit the people who are sitting right
next to each other because people don't have their masks on all
the time. They take masks off for eating and for other reasons,
and that should happen in a minimal way, but it still does
happen. So I think we have got to really focus on this from a
public health point of view. Get everybody together and say,
OK, what is the way to ensure that these planes can be as safe
as possible.
Mr. DeFazio. So, since planes have the capability of more
or less when in flight, it does cut into fuel mileage, if they
run the packs on full. They should be running the packs on full
at all times.
Mr. Michaels. You know, I don't know much about fuel
economy and fuel usage in airplanes. I am going to pass on
commenting on that.
Mr. DeFazio. Well, what I am saying is, we know we can get
more air circulation, but they are going to burn a little more
fuel.
Mr. Michaels. Yes.
Mr. DeFazio. I think the trade-off would be beneficial.
Thank you.
Mr. Michaels. That is unfortunately the case. You know,
look, with COVID-19 everybody has got to make sacrifices. We
have got to make sure people are safe.
Mr. DeFazio. OK. And then Mr. Rivera, you talked about the
problems. I mean, I can see enforcement and how we are going to
do enforcement at the airport and on the airplanes, but how are
we going to do enforcement and give you folks some help on the
buses when you are all just so dispersed?
Mr. Rivera. Well, on the bus side, we would have to get
more kinds of PPE, better PPE, and get some kind of
enforcement, law enforcement, get all the resources to help us
on the ground. That is all I can say at the moment.
Mr. DeFazio. OK. All right. Thank you. My time has expired.
Mr. Rivera. Thank you.
Mr. DeFazio. I would now recognize first on the Republican
side the Honorable Rodney Davis.
Mr. Davis. Mr. Chair, did you miss me? He didn't even say
yes.
Mr. DeFazio. He said no. I had my microphone off.
Mr. Davis. You know, Mr. Chairman, I did miss you, and I
missed all of our colleagues. And I am wondering if there is a
camera above me or there might be a bug, but you took my
question on the CDC testing. But it is an excellent question,
and I agree with you; it is something that needs to be
addressed.
And, Sara, you had great comments. I was going to ask you
to offer the same comments as Chairman DeFazio did, and I think
your answer and the other responses were spot on. This is an
issue that can punish this industry and stop it at its most
critical time from being able to overcome what we have all gone
through, and especially the aviation industry over the last
year.
Most of us in this room utilize your industry, and we see
the devastating effects that have taken place with a lack of
passengers and a lack of ability to continue to operate in a
very high-cost environment. And I want to thank you and your
members too for the hard work they have done to keep passengers
safe and also keep our aviation industry going.
I do have a second question and, again, agree
wholeheartedly with what the chairman said about this
discussion of mandatory CDC testing and agree wholeheartedly
with you also, Sara. But there is another issue I know that the
chair and the ranking member and those of us on this committee
have been working on, and that is trying to figure out the--and
you mentioned it in your testimony--the need for additional PSP
dollars. How bad will it get for the aviation industry if both
the PSP is not extended and the CDC implements a testing
mandate?
Ms. Nelson. Well, let's be clear, the furloughs that we saw
in October would be dwarfed by the furloughs that we would see
if we had a testing mandate that we can't effectively run. We
would see many, many more furloughs, and without the extension
of PSP, which also requires the airlines not to furlough and
continue to support that payroll that they simply can't support
in this kind of environment where revenue is down 80 percent,
it would be devastating.
And in that situation, we wouldn't just be talking about
lost jobs. We would also likely be talking about airline
bankruptcies. So that is how devastating it would be.
I just want to note one thing, air travel, through the work
of airlines working with unions, there is more we can do still,
but it is one of the most controlled environments in the
country for public health.
And we need to focus on those controlled environments,
focus on the mask policies, using those properly, single touch
on service, no alcohol being served, which makes people take
those masks off, and all the other things that we have been
doing in layers of safety to keep this a controlled
environment.
Those are the things we need to focus on with the continued
payroll support to make this work and be able to lift the
economy again.
And just one other note, the airline industry employees are
part of the infrastructure that this country counts on, and
when we lose our jobs, we lose our qualifications. And it takes
a long time for the airlines to get back up and running again
and have the airlines in place to be able to support vaccine
distribution and everything else that our communities count on
and then be able to lift the economy again. So it would be
devastating not only for us but for the whole country if PSP is
not continued.
Mr. Davis. I appreciate your comments, Sara, and it is
great to see you, even if it is via video. I think the last
time we saw each other, we were at a bipartisan press
conference talking about the importance of PSP last fall. And
thankfully we came together in a bipartisan way to get those
dollars to an industry that needed it.
And it is great to see you teaming with the aviation
industry and your members' employers, to be able to work
together on solutions. That is what we need to do here, and I
appreciate your voice and the chairman's voice and the ranking
member's voice, and all our voices, in urging President Biden
to include an additional round of PSP funding in any
coronavirus package that is going to be debated, be it
reconciliation or hopefully via a bipartisan agreement.
So, Sara, it is great to see you again. Thank you all for
your testimony.
Mr. Chairman, great to see you, my friend, I missed you,
and I will yield back.
Ms. Nelson. Thank you, Congressman.
Mr. DeFazio. I do have a few decent beers upstairs in the
chairman's office. We will get caught up sometime.
Mr. Davis. Can we do it now?
Mr. DeFazio. The sun isn't--well, it is over the yardarm--
but we are not.
Anyway, Representative Eleanor Holmes Norton, you are
recognized.
Ms. Norton. Thank you. Thank you, Mr. Chairman, and I very
much appreciate this hearing. Just the issues discussed here,
transportation issues, have disproportionate effects on our
Nation's Capital which I represent.
Ms. Nelson of the Association of Flight Attendants, your
testimony was very moving, and of course your members are put
in a disproportionate position. So let me ask you this
question. As far as one of your members sees a passenger not
following the public health guidelines like wearing a mask, can
you kind of take us through, walk us through, how your members
respond? How are they trained to handle this difficult
situation, and what are the potential repercussions they weigh
when determining how to intervene? I am just trying to find
ways Congress can be helpful to you.
Ms. Nelson. Thank you, Congresswoman Norton. I appreciate
that very much, and we are trained in deescalation tactics. We
are trained in how to make sure that people are complying with
the rules because there are rules in aviation, and there has to
be the spirit of we are all in it together, to do things that
are maybe a little bit uncomfortable so that we can all safely
fly.
Now, today, that absolutely includes the mask requirement.
And so on the front end, making it clear to people with
notifications from the airlines, that they will absolutely
acknowledge that they will wear that mask, they will wear it
the right way, announcements from the airlines to help people
understand you have got to wear that over your nose and mouth,
if you are going to sip a sip, make sure that the crews are a
few rows away----
Ms. Norton. Ms. Nelson, have you encountered people who
simply refuse to wear masks? I am trying to find out what
position that puts a flight attendant in.
Ms. Nelson. Yes, we have. And it is one thing to say that
someone is not used to doing this and reminding them, but the
problems that we encounter are when people come to the door of
the airplane or come into the airport, and they have been told
that this is a political issue rather than a public health
issue, and they are confrontational.
We have websites out there that instruct people about how
to avoid wearing the masks the whole time. Just this past week,
we had a family of four sucking on lollipops the whole time and
thinking that that was going to be their excuse for not wearing
the masks. Those people are being banned from that aircraft
now.
But we are trained in deescalation and helping to advise
people, so we know, flight attendants know, when we approach
someone who maybe just forgot to put that mask back on and we
are reminding them, as opposed to someone who is absolutely
refusing to do that.
And the refusal can either be trying to avoid it and coming
up with sneaky ways to do that, or it can be outright
confrontational where we have had flight attendants even
assaulted. This has been confrontations on the plane over the
past year that have been very difficult for our members, and we
are very grateful now for the FAA, with the backing of the
Biden administration, stepping up and making it very clear
there is going to be clear fines for anyone who is not
complying.
Ms. Norton. Well, I wish you would keep us in touch with
whether those fines are working because the testimony was
important for us to hear.
Mr. Rivera, I am particularly interested in what is
happening with respect to our busdrivers and those in your
union. You mentioned a series of CDC recommendations for
transit systems that had been watered down by the prior
administration. In particular, I am interested in the areas of
airflow, and the sterilization and filters that busdrivers may
be concerned about.
We know now that COVID is spread through the air as we
learn more and more about it, and indeed, we are hearing the
notion that people should double-mask, which scares me. What
steps would you like to see taken for busdrivers who face this
airflow issue with people on the bus and filters that may be of
concern to busdrivers?
Mr. Rivera. Well, thank you for the question.
Mr. DeFazio. Be very brief because her time is expired, but
answer quickly.
Mr. Rivera. OK. They need better ventilation because
everything that goes on in the buses, the bus operator gets it
at front, and we are constantly getting all the customers
boarding the buses and they're trying to have conversations and
ask us questions without the masks. So they need better
sterilizing of the bus, the air filters have to be much better,
and the flow itself has to be--they have to do a greater job
than they are doing now.
Ms. Norton. Thank you very much.
Mr. Rivera. Thank you.
Mr. DeFazio. Thank you. I now recognize Representative
Webster for 5 minutes.
Mr. Webster. Thank you, Mr. Chairman. I would like to
direct my questions to Dr. Bahnfleth, and I thank you that
ASHRAE has brought up air quality and the idea of using
mechanical means to clear the air, as opposed to inoculate
somebody from getting the disease. This keeps the disease from
getting to them, and I am grateful for that.
A couple of the other recommendations I actually gave to
the engineer of the Capitol over a year ago, and one was just
increasing the fresh air. The other, though, is: I have one of
these on [indicating]. I don't know if you can see it or not.
It is an ionizer. It produces about 2 million ions a second and
basically takes down viruses and germs and so forth, down to
the ground and attaches themselves to them and takes them down.
And my question is: I noticed that you had recommended UV
lights, which is a great thing, and then also there are these
ionizers. Have you done any tests on them, not this particular
one, but I am talking about ones that would be fitted in duct
systems and so forth, have you done any tests on those also?
Mr. Bahnfleth. Thank you for the question. The short answer
is, no, I have not, but there is some literature on ionizers
and also a lot of laboratory reports produced by the
manufacturers. And the reason that ASHRAE, and in fact CDC as
well, does not make an affirmative statement about ionizers is
because the evidence base for them is simply not as strong as
for UV.
UV has been in use since the 1930s. It is approved by CDC
for tuberculosis control. We don't have the same basis in peer-
reviewed evidence for ionizers, either for effectiveness or
safety that we do for UV.
But that said, there is some evidence that indicates it can
be effective. On the other hand, some evidence that indicates
that there may be some hazards associated with it. So I think
one of our clear needs is to do the research to determine what
the characteristics of that technology actually are and develop
standards so that we can have certified products that we can
apply confidently.
Mr. Webster. Maybe I am frying my brain, I don't know. But
the other question is, though, UV lights work, but you can't
hang them around your neck. Basically they will blind you, or
they will burn your skin. But I have heard--and maybe you could
say something about this, because I don't know enough about
it--aren't there some studies or development of UV lights that
may be a shorter wavelength than--I think the usual ones are
about 254 nanometers, but they would be shorter, and they can
be exposed to the skin, exposed to your eyes, and not bring any
harm. So it can be kind of like the lights in here, you could
just screw them into the--and clean the air. Do you know
anything about the development of that?
Mr. Bahnfleth. Yes, I do. Thank you. You have done your
homework, obviously, Congressman. We are talking about what is
called far-UVC, and that is currently being produced by sources
that make 222-nanometer UV. And because of the shorter
wavelength, it penetrates the skin to a much smaller depth, and
there have been animal studies and one human study that I know
of, that shows that it doesn't cause skin irritations. So that
would open up new applications where you could use UV on an
entire room.
I should say, though, that 254-nanometer UV, produced by
mercury vapor lamps, essentially fluorescent lamps, is highly
effective, but you do have to keep it in the upper room, away
from the occupants.
Mr. Webster. So, anyways, appreciate that. I had one other
thought. I noticed that you had in there that a six or eight
MERV filter, which is standard but kind of minimal but still
quite a bit effective, more than just a--something else. These
little masks here, I don't think, have the filter of even them,
and it says that that particular MERV efficiency is not very
effective. You need to get to about 13, which is a pretty thick
filter, maybe around 6, 7, 8 inches or something in thickness.
What do you think of masks?
Mr. Bahnfleth. Thank you. Another great question. Masks of
the type that you might be wearing, a cloth mask, are most
effective at blocking aerosol emissions. They are indeed not as
effective as an N95 respirator at protecting the wearer but by
stopping coughs and sneezes from traveling long distances, and
by substantially reducing the amount of infectious material
that gets into the air, it actually greatly reduces risk. So if
everyone is wearing even cloth masks indoors, it makes a big
difference in the amount of airborne risk that everyone is
subjected to.
Mr. Webster. Thank you very much. I yield back.
Mr. DeFazio. Thank you, Webster. Representative Larsen? I
left out the ``Mr.''
Mr. Larsen. Thank you, Mr. Chair. My first question is for
Ms. Nelson. Since 2015, I and many others have called for a
national aviation preparedness plan to ensure all levels of
Government, airlines, airports, and frontline aviation workers
are better equipped for public health crises like we have. We
have learned some lessons over the last year about being not
prepared.
What priorities would you include in a future national
aviation preparedness plan?
Ms. Nelson. So thank you very much for the question,
Chairman Larsen. We actually learned a lot during the Ebola
crisis, and we had an interface with CDC on lessons learned in
our occupational space, how the best CDC guidelines can be
applied to our workspace.
The first thing that I would say is that it was very
quickly a problem that we did not have a proper supply chain on
the proper PPE for the people on the front lines. We did not
have access. Airlines did not have access to get the proper PPE
to protect crew and keep us safe.
In addition to that, we finally got OSHA training on blood-
borne pathogens on board. I would say that crewmembers were at
an advantage because we had training in the first place to be
able to stop the spread or take actions that would limit the
risk of a spread.
First and foremost, though, we really need to make sure
that we are coordinating immediately. We can stop the spread of
communicable disease at transportation's door, if we are doing
the things that we need to do, about identifying where these
outbreaks may be taking place in the rest of the world, how we
can get resources to be able to target that and try to contain
that where those breakouts exist, getting information to
transportation workers so that we know what to look out for,
and getting that proper PPE on the lines to be able to protect
ourselves and make sure that we are not carriers ourselves, and
also doing screenings at the airports and all the agencies
involved at the airports about screening and making sure that
we are keeping problems on the ground.
So those are the first and most important steps, but it
really does require good information, coordination between
unions, industry, and Government. And we have seen it work
before. It can work even better now with the lessons that we
have learned.
Mr. Larsen. OK. Well, tomorrow, I will be introducing the
National Aviation Preparedness Plan bill, and I would encourage
Members to sign on to that.
Ms. Nelson. Thank you.
Mr. Larsen. Again, Ms. Nelson, Reuters reported that a
major U.S. carrier instructed some of its flight attendants--
this was in December--whose coworkers tested positive to
continue flying and just monitor their symptoms. Have you heard
of any similar situations from your members since?
Ms. Nelson. Yes. This is a problem that we see across the
industry, and it is because of the very narrow definition of
what exposure is. So CDC is defining exposure as 15 minutes in
close contact with someone who has tested positive. And
crewmembers are told to continue to monitor themselves and keep
working and come in contact with thousands of people and cross
State lines.
We think this is a very narrow definition that needs to be
expanded because of the kind of contacts that crewmembers have
with people, in close contact in our workspace, but also
serving people food, picking up their trash. So we need to be
much more attentive to when those contacts have been made and
the cases where we have found that someone has contracted the
virus and make sure that we are getting those crewmembers
notified and into quarantine and supported with pay during that
time.
Mr. Larsen. Thank you. Professor Bahnfleth, I apologize if
I am mispronouncing, but in your presentation, in the backup
material on guidance for air operators, you say, for various
reasons, modifications to aircraft ECS are not recommended as a
short-term response to COVID-19 concerns, and emphasis
therefore on operation measures should be the focus.
Can you explain that recommendation, and are you arguing or
is ASHRAE recommending that we think longer term about the ECS
systems in aircraft?
Mr. Bahnfleth. Yeah, thank you, Congressman, for the
opportunity to clarify that point. I think when I say that, it
is in the context that I have already indicated that we believe
that aircraft are generally the safest transportation
environments available because of the high air circulation
rates, the large ventilation rates, and the fact that air is
recirculated through HEPA filters. So the point is that I think
we have airborne transmission covered about as well as
possible.
And so what is left is close-contact transmission which is
not really affected by the ECS and contaminated surfaces to the
extent that there might be fomite transmission. So that is why
I think that in that particular mode of transport, that is
probably the place to focus rather than further enhancements to
technology.
Although, I would certainly be happy to see evidence that
improving ECS would make further improvements in risk.
Mr. Larsen. All right.
All right, thank you.
Mr. DeFazio. Representative Perry?
Mr. Perry. Well, thank you, Mr. Chairman. Thank all our
guests for their time and testimony today. My conversation and
question will eventually be to the president pro tem of the Los
Angeles City Council.
Joe, in your testimony, you highlight the impact of the
COVID-19 response on local budgets and revenue streams,
particularly your experience in Los Angeles, and as you
acknowledge, the economic harm was not uniform across the
Nation. ``Some parts of the country may be ready to move
forward post-virus more quickly, growing revenues and expanding
the local economy, while others take longer''--and that is a
quote.
There are obvious reasons for these economic disparities
that need to be addressed so that calls for State and local
bailouts are put in the proper context. Certain States like
California, Michigan, Minnesota, New York, and the Commonwealth
of Pennsylvania, where I reside, imposed prolonged, widespread
lockdowns on their economies that killed economic activity,
gravely restricted their citizens' personal liberties, and
eliminated their tax bases. These five Democrat-governed States
shed almost one-quarter of a million jobs in December 2020
alone.
Other States, like Texas, Georgia, and Florida, among
others, kept their economies open to a much greater degree,
allowing businesses to safely remain open and citizens to
participate in the economy in a safe manner. And not
surprisingly, these States are already recovering economically.
Fifteen States saw job growth in December 2020, despite the
virus resurgence.
Importantly, numerous studies have demonstrated that
lockdowns have no significant effect on the spread of COVID in
a community relative to less restrictive approaches. This fact
is demonstrated by the situation in Los Angeles, which has some
of the strictest lockdowns in the Nation, and yet L.A. County
has the most cases in the Nation, over 1 million infections,
more than the next 2 highest counties combined.
So, given this context, can you please explain to us why
the tax dollars of the constituents I represent should be used
to subsidize ineffective, economically destructive restrictions
on their personal liberties and create a moral hazard that will
incentivize similar lockdown orders in the future?
Mr. Buscaino. Thank you, Representative, for your question.
Let's be mindful that COVID can care less what color skin, how
you pray, how you love, what size city you live in. COVID is
deadly. It is a pandemic, and it is real.
Here in Los Angeles, as you mentioned, sir, we do live in a
global city. It is a dense city. And that comes with
challenges. The truth is that last week I attended a funeral of
a 41-year-old friend, David Lopez, who died of COVID. We bonded
together over Dodgers and French bulldogs. He came out of East
Los Angeles to become a very successful man, raising a
beautiful family. He was an asset to our city, his family, to
our culture, to our workforce. He had an entire lifetime ahead.
He should be here with us today, prospering in the richest
country in the world.
The fact of the matter is, cities are crying for help,
regardless if you live in a city of 5,000 population or 5
million population. We are on the ground zero of this pandemic.
We are proud that we are home to the largest inoculation
site in the country, Dodger Stadium. We are supposed to be
vaccinating 20,000 people a day, and that is not happening.
Herein comes the local Federal partnership that we are
thirsting for. Bring the vaccinations to the city, so that we
can get back to the recovery and get the American people back
to work.
Mr. Perry. Well, thank you, sir. I appreciate your answer
which, quite honestly, wasn't much of one. And while I lament
the loss of your friends and my friends and everybody's friends
throughout this circumstance, you can't just go on failing to
acknowledge there is a difference in the approaches and the
effect of those approaches and require citizens from across the
country to pay for inefficient, ineffective approaches that
neither save lives, nor save jobs, nor save taxpayer revenue.
And I wish somebody would acknowledge that.
We understand your plight, we are concerned for you and all
American citizens. Actually, we are concerned with all the
world's citizens that are under this circumstance, but there is
a better way of doing it, and simply being willing to pay over
and over again for ineffective nonsolutions doesn't seem a
solution to me.
And, with that, Mr. Chairman, I yield back.
Mr. DeFazio. I thank the gentleman. I would refer him to an
article today--it was either the New York Times or the
Washington Post, I know that is fake news, but--documenting
what went on in South Dakota with Governor Noem, a former
Member of Congress--I think on this committee, I can't
remember--who took zero steps, and they have one of the highest
death rates in America.
With that, I would turn to Representative Napolitano.
Mrs. Napolitano. Thank you, Mr. Chairman, and thank our
witnesses and transportation workers who are risking their
individual health and lives to keep our Nation moving during
this pandemic.
Council Member Buscaino, you talk about the port, over 30
ships outside waiting to be unloaded. The current challenge
facing your workers, what is being done to prevent the spread
since a lot of them have been contaminated, and how is it
impacting the efficiency of the ports and our greater economy?
Mr. Buscaino. Thank you, Representative Napolitano. Let's
be mindful, as I mentioned, that 10 percent of our longshore
workforce are out ill today because of COVID. Nearly 700 of our
dockworkers are out sick. Coupled with the fact that there is
such a high demand, this is why we see over--and you have
recognized this too, ma'am--we see over 30 ships waiting to
come in to the Port of Los Angeles and the Port of Long Beach.
Tests and vaccines, we need to prioritize. I am working
alongside the leadership of ILWU here on the west coast. The
Los Angeles City Council unanimously approved prioritizing
vaccinations to our longshore workforce, our truckdrivers that
come in and out of our port complex.
Mrs. Napolitano. But you don't have enough vaccines, right?
Mr. Buscaino. We just need the vaccines, ma'am, absolutely.
We stand ready, we have the infrastructure in place. The fact
that we are using transportation hubs, can you just imagine a
longshore worker coming in to check in, get vaccinated, a
truckdriver coming into the port, getting vaccinated. They are
already here working. Let's move on the vaccinations. We just
need them and we need them with urgency.
Mrs. Napolitano. All right. Thank you very much.
Mr. Rivera, I introduced the Transit Worker and Pedestrian
Protection Act in H.R. 2 last Congress which required buses to
install bus shields to protect the drivers. What are your
thoughts on it, and how necessary is the bill for the
protection of the drivers?
Mr. Rivera. Well, thank you for that question. I believe
they need to build a better workstation for all the operators,
including the shield, with better filters, with UV lighting so
that the circulation of the air can flow a lot better and safer
environment for everyone, including the operators.
Mrs. Napolitano. OK. My suggestion, I don't know how many
of you can speak on this, but to ask the manufacturer of the
buses to incorporate what is put forth by Professor Bahnfleth,
the ventilation systems, the air distribution systems, the
filtration, and the air cleaners into the buses as well as the
shields. Can anybody opine on that?
Mr. Rivera. Well, is that question for me?
Mrs. Napolitano. Anybody.
Mr. Rivera. OK. Well, right now, what we have is, you know,
the airflow, we get everything. I don't see them sanitizing
these buses where they have these special machines where they
do it on a daily basis. They do it periodically. So right now
they just wipe down the buses. They sweep them. They mop them,
but----
Mrs. Napolitano. What would you say of having the
manufacturers do the new buses as they are purchased to
incorporate all of these things?
Mr. Rivera. Yes, we would definitely be on board with
something like that. And have our own workstation. They have
buses like that at the airport--at Orlando Airport they had
them--where they just kind of close off to the public, and we
are secluded in our own workstation altogether.
Mrs. Napolitano. Mr. Bahnfleth, Professor, we are looking
at a virus that is mutating, and there are going to be new
viruses coming forth. What do you suggest that we should be
looking at for the future? In fact, they are saying that we may
get control of this virus sometime this year maybe, but since
there are new viruses coming, what can we do to protect our
workers?
Mr. Bahnfleth. Thank you for the question, Congresswoman. I
think the thing I don't like to point out is that all of the
types of control I mentioned will work on a mutation of the
virus just as well as it works on the current strains.
The real question is how virulent, how infective, are these
new strains going to be, and are the levels of protection that
we have now that may be appropriate for the current strain of
SARS-CoV-2 going to work on one that is 30 percent or 50
percent more infective, and I think we have to go back to the
drawing board and look at whether further levels of protection,
whether it is ventilation or filtration, are necessary in that
case.
Mrs. Napolitano. Well, that leads us to the N95s and
whether they are effective enough or going to be effective
enough in the future.
Thank you, Mr. Chair. I yield back.
Mr. DeFazio. I thank the Representative.
Representative Babin?
Dr. Babin. Yes, sir, thank you, Mr. Chairman.
In the early days of the pandemic, freight rates in the
trucking industry reached historic lows, and while these rates
are dictated by market forces, there are Federal transparency
regulations that require brokers to disclose certain
documentation to the carriers that they work with.
With the goal of transparency in mind, I want to ensure
that these requirements are enforced by DOT and not evaded,
ignored, or too burdensome for a carrier to comply with.
Currently, FMCSA has opened up a variety of regulatory dockets
to gather public comments regarding this issue.
So, with that, I will direct my question to Mr. Pugh.
Mr. Pugh, I know that this might sound like an obscure
issue to most folks, but could you tell us a little more about
the issues that your members have had in accessing transaction
records when they are working with freight brokers?
I understand that these are regulations that are supposed
to provide trucking companies the right to see these documents.
But from what you mentioned in your testimony, it doesn't sound
like that is happening right now.
And more importantly, how does this tie into our discussion
today about addressing the needs of workers during the
coronavirus pandemic? Mr. Pugh?
Mr. Pugh. Yes, thank you for your question, Representative
Babin, it is much appreciated. And yes, you are correct. I am
sure many of you that were in Washington working last year
remember the truckers all coming to Washington and--because
these freight rates, well, they just went completely in the
toilet, I guess, for lack of better terms. Drivers were being
paid [inaudible] per mile. This brought to light, in the
FMCSRs, which are the rules that all truckers must follow and
you can't exempt yourself from, brokers, there is a rule in
there that brokers, 371.3, that they have truckers and all
people part of the transaction, are allowed to see what people
are paid.
So, in essence, the trucker can ask the broker what they
were paid by the shipper. That is the long and short of it.
This isn't happening. Unfortunately, a lot of brokers put right
in their contract that they are exempted from this regulation
and a trucker can't. Those who do not, they tell you that you
have to come to their office, which doesn't work very well in
trucking, because I may be hauling a load from Ohio to New
York, may live in Ohio, but the broker I received the load from
is in California. For me to drive from Ohio to California just
to look at this paperwork is really impossible. Especially on a
load that pays maybe $1,000.
We put a petition for this to FMCSA. We said that this
could be done electronically. Broker carrier agreements are
sent electronically, contracts are sent electronically in this
age that we are in now. So there is no reason this information
cannot be sent.
Dr. Babin. OK.
Mr. Pugh. Pardon me. Just one quick thing, the one thing
that brokers always say is that they sign nondisclosure
agreements with their shippers. Well, they could easily have
the trucker or the motor carrier sign these same nondisclosure
agreements so they cannot discuss what these rates are as well.
Dr. Babin. Thank you so very much, Mr. Pugh. And let me
just also say that I commend the work that OOIDA has done
throughout the pandemic, the fight for your drivers. And while
many Americans, including some in this room, worked from home
last year, truckers continue to crisscross this Nation to pick
up and deliver items that we all need, including life-saving
PPE and millions of doses of the COVID vaccines.
And we would not be moving toward reopening this country, I
think, if it wasn't for the essential work of your members, and
I hope that you will pass along our gratitude for their
perseverance and dedication to their jobs, and I hope this
committee will work with you in a serious, good-faith effort to
help provide our truckers with the resources they need in a
timely manner. So thank you so much.
I will yield back, Mr. Chairman.
Mr. Garamendi [presiding]. Thank you, Mr. Babin.
Mr. Cohen, you are next.
Mr. Cohen. Thank you, Mr. Chair. The problem with safety
procedures in public transit has been going on since the
coronavirus was detected in our country. I think it was as far
back as March, no later than April, but I think it was March
that the chairman and others, including, of course, myself,
started writing the airlines and the administration urging a
mask requirement.
The first couple of flights I went on in March, there was
not only a no-mask requirement of the flight attendant, but
they were talking right in our faces. They were talking without
any regard for masks. And there were people doing the same. The
airlines finally kind of came around, but the Trump
administration never did. And I commend President Biden and our
new administration for putting this mandate in place. It is
necessary for the protection of the public.
When I got on my flight to come home after the insurrection
at the Capitol on the 6th of January, I heard people getting on
the plane, when offered tissues for protection, say--take it,
put it back on the plate that it came out of, and say ``COVID
hoax.''
I heard people walking down the aisle, going, I guess we
need to be 6 feet apart or we will get in trouble. And none of
the people who had Trump material on wore masks in the waiting
area. So I don't know who can answer for the airports, but I
know Ms. Nelson can answer for the flight attendants.
Can you give me some examples of problems that the flight
attendants have had with the people who refuse to wear masks,
who refuse to accept [inaudible] the tissues--the cleansing and
any [inaudible] about the airport. I was shocked at BNA, they
made an announcement that we are supposed to wear a mask in the
waiting area, but nobody got up and said a word to anybody. I
could not find a seat in the waiting area without being next to
somebody who was exposed to the coronavirus.
Ms. Nelson, if you could respond, and I appreciate your
efforts and your work. And everything Rodney Davis said, I say
double.
Ms. Nelson. Thank you, Representative Cohen. The days
immediately preceding the insurrection and right after were
some of the scariest times that we have ever experienced in
aviation. This was a new safety and security threat that we
have never experienced.
And typically when someone is acting out in an airport,
swearing at other people, refusing to comply with rules, acting
belligerent, and even delusional, they are denied the freedom
of flight.
We were very clear that anyone who attacked our Nation's
Capitol and our democracy should be denied the freedom of
flight. And we were right, because what we saw in the airports
was: we were not really prepared to deal with this. This was a
bit of a mob mentality that took over.
We are trained to deescalate. We are actually trained to
ask other passengers to help us contain any problems if we are
not able to peacefully deescalate the problem, but when there
are so many people acting out, we didn't have the training or
the resources to deal with this on our planes, and everyone was
at risk.
We had a situation on one flight--there are many, many
stories, but--where the flight attendants called the pilots,
begged them not to open the door because they were fearful of
people entering the cockpit and taking over.
We had people who were yelling at other passengers, a group
of passengers berating a Black woman and her baby on the plane,
and people who were not complying.
And the mask policies were a big part of this. Enforcing
the mask policies did two things. One, we understood that there
was a concerted effort not to wear these masks, believe that
this is part of the political effort to push back. People
thought this was about their personal liberties.
I would relate this to the smoking ban when people said
that they wouldn't be able to last for 5 minutes without a
cigarette. They didn't get to have exemptions because it was
going to put the rest of us at risk.
So we had to very, very quickly clamp down on these mask
policies. We were just not prepared for what we experienced in
our airports. I am sorry that you went through that. The crews
that I represent went through very scary times on board.
Mr. Cohen. Sara, I am about out of time. I would like to
get one other issue in for you----
Ms. Nelson. Go ahead.
Mr. Cohen [continuing]. And that is the middle seat issue.
It is very discomforting to sit next to somebody in the--what
you used to call [inaudible] I guess. I don't know if it's
called [inaudible] steerage--to sit next to somebody who
doesn't wear a mask. Should the airlines not keep those seats
open regardless of cost?
Ms. Nelson. Well, first and foremost, everyone must wear a
mask, and you are absolutely right. Secondly, we can't properly
socially distance on a plane, so, while a middle seat provides
some additional comfort, and as Chairman DeFazio noted,
controlling how many people are on board will help with the
number of people who are spreading the virus.
But what some of the airlines have done, instead of
blocking the middle seat, is they have put more airplanes up in
the air, so that the load factors are lower overall. You are
not really experiencing that on the flights to DC because
oftentimes those are the ones that are the highest capacity,
highest demand, but there is more capacity in the airline
industry that hopefully will give us some room to work with
there.
Mr. Garamendi. Thank you, Ms. Nelson.
Mr. Cohen, your time is expired.
Mr. Cohen. Thank you.
Mr. Garamendi. We now turn to Mr. Graves.
Mr. Graves of Louisiana. Thank you, Mr. Chairman. Mr.
Chairman, first of all, there was a letter that was originally
sent by Airlines for America and many other organizations
indicating strong concerns, I think, with this concept that we
are going to be testing all of the domestic airline passengers
and just indicated that airline travel has very low
transmission rates, and it suggested that this was unwarranted.
So, Mr. Chairman, I would like to ask unanimous consent
that this letter from A4A, as well as Ms. Nelson's group and
others, be included in the record for the hearing.
Secondly----
Mr. Garamendi. Without objection.
[The information follows:]
Letter of January 29, 2021, from Airlines for America et al., Submitted
for the Record by Hon. Garret Graves of Louisiana
January 29, 2021.
Mr. Jeffrey Zients,
COVID-19 Recovery Team Coordinator,
The White House, 1600 Pennsylvania Ave., NW, Washington, DC 20500.
Dear Mr. Zients:
Thank you for your work on the Executive Order Promoting COVID-19
Safety in Domestic and International Travel. As representatives of
America's aviation, travel and tourism industries, we share President
Biden's commitment to saving lives and allowing all Americans to travel
and work safely. We believe the only way to achieve these goals is
through data-driven, risk-based and feasible public health measures
that reduce COVID-19 transmissions and allow travel and economic growth
to safely resume. Our continuing partnership with relevant Federal
agencies has played a critical role in developing and implementing
policies that enhance the safety of flying. The aviation industry is
committed to partnering with the COVID-19 response team, and we urge
you to work together with us to continue these efforts and to continue
providing industry an opportunity to participate meaningfully in
discussions about transportation and travel restrictions.
To that end, we strongly support many aspects of the Executive
Order, such as the Federal mask mandate for interstate travel and pre-
departure testing for international arriving passengers. However, we
are concerned by recent media reports that the Centers for Disease
Control and Prevention (CDC) is considering a pre-departure testing
requirement for domestic air travel. The industry remains committed to
supporting risk-based, scientific approaches to contagion mitigation.
Since the beginning of this pandemic, the health and safety of
workers and traveling public have been the aviation and travel
industries' top priority. In April, representatives across the entire
travel ecosystem partnered with public health officials to develop
uniform health and safety guidance to reduce the risk of COVID-19
transmission throughout the travel process.\1\ This science-driven,
layered approach aligns with CDC's own guidance and includes
recommendations on universal mask wearing, physical distancing,
enhanced sanitization and more. U.S. airlines have implemented multiple
layers of protection to prevent virus transmission onboard the
aircraft, including strict face covering requirements, pre-flight
health forms, enhanced disinfection protocols, hospital-grade
filtration systems and air exchanges that remove viruses. Likewise,
airports have augmented efforts to clean and sanitize their facilities,
upgraded their air filtration systems, promoted physical distancing,
provided facial coverings for those in need and expanded touchless
technology options to reduce the likelihood of the virus being
transmitted to travelers or workers in these facilities.
---------------------------------------------------------------------------
\1\ https://www.ustravel.org/toolkit/industry-guidance-promoting-
health-and-safety-all-travelers
---------------------------------------------------------------------------
According to a growing body of rigorous scientific research, these
health and safety protections have significantly reduced the risk of
COVID-19 transmission onboard an aircraft. In November, a Harvard
Aviation Public Health Initiative study found that air travel is as
safe as--or substantially safer than--other routine activities, such as
eating out and grocery shopping.\2\ Similarly, US TRANSCOM \3\
conducted 300 tests over six months with mannequins to reproduce
breathing and coughing to determine how particles moved within the
cabin when a mask was on or off. The study concluded that when masks
are worn, there is a 0.003 percent chance that particles exhaled by a
passenger can enter the breathing space of passengers sitting next to
them. Therefore, it's not surprising that data published by the
International Air Transport Association (IATA) shows that, of the 1.2
billion airline passengers who traveled since the beginning of 2020,
only 44 cases of in-flight COVID-19 transmission have been reported.
And the vast majority of cases occurred before face covering were
universally required.\4\
---------------------------------------------------------------------------
\2\ See https://npli.sph.Harvard.edu/resources-2.
\3\ See https://www.ustranscom.mil/cmd/
panewsreader.cfm?ID=C0EC1D60-CB57-C6ED-90DEDA
305CE7459D&yr=2020
\4\ See https://www.iata.org/contentassets/
a1a361594bb440b1b7ebb632355373d1/iata-cabin-safe.pdf
---------------------------------------------------------------------------
Given the strong scientific evidence that the risk of COVID-19
transmission onboard an aircraft is very low, we believe that a testing
requirement for domestic air travel is unwarranted. Further, public
health and economic data indicate that this policy would
disproportionately prevent low-income travelers and rural Americans in
small communities from travel. They may have less access to testing
facilities, which could cause further job loss and economic harm to the
most devastated sectors of the economy, who will need air service to
take part in recovery. Therefore, the costs and consequences of a
testing requirement for domestic air travel would far outweigh any
potential benefits.
In fact, a pre-departure testing mandate for domestic air travel
would divert testing and financial resources away from more pressing
public health priorities. For example, based on January 2021 data, a
testing requirement for domestic air travel would necessitate a 42
percent increase in daily testing capacity nationwide.\5\ Although
testing production is expected to increase, there is no question that a
mandate of this magnitude would syphon public health resources away
from more vulnerable populations such as nursing homes, medical
facilities and schools. Singling out air travel also would not
effectively capture movement from state to state since travelers are
likely to simply drive, take a bus or a train, all conveyances which do
not have the measures in place that make air travel uniquely safe. Both
the WHO and European CDC have noted that when community spread is as
prevalent as it is now these types of restrictions and mandates simply
aren't that effective. As a country we need to focus on the behaviors
and activities that are driving transmissions and double down on mask
wearing, social distancing and hand washing.
---------------------------------------------------------------------------
\5\ Data compares TSA throughout for January 2021 and daily
reported COVID-19 tests for January 2021: https://www.tsa.gov/
coronavirus/passenger-throughput and https://covidtracking.com/data/
charts/us-daily-tests
---------------------------------------------------------------------------
We look forward to continuing our partnership with COVID-19
response team and relevant Federal agencies to develop and implement
risk-based, data-driven public health measures that enhance the safety
of flying. We urge you to seek input from aviation and travel
stakeholders before implementing any additional measures to ensure that
implementation will be feasible and effective for defeating the health
and economic consequences of the virus.
Again, thank you for your focus on protecting the United States
from the health and economic damage inflicted by COVID-19. We look
forward to continuing our work together to safely and responsibly
restore domestic and international air travel.
Air Line Pilots Association, International,
Aerospace Industries Association,
Airlines for America,
Airline Passenger Experience Association,
Airport Council International--North America,
American Association of Airport Executives,
American Hotel and Lodging Association,
American Society of Travel Advisors,
Asian American Hotel Owners Association,
Association of Flight Attendants--CWA,
Cargo Airlines Association,
Global Business Travel Association,
International Air Transport Association,
International Flight Services Association,
Latino Hotel Association,
National Air Carrier Association,
National Association of Black Hotel Owners, Operators & Developers,
Radio Technical Commission for Aeronautics,
Regional Air Cargo Carriers Association,
Regional Airline Association,
Travel Technology Association,
Travelers United,
U.S. Travel Association.
Mr. Graves of Louisiana. Thank you. I have another UC,
Baton Rouge Metropolitan Airport director, which I am going to
refer to his letter later, but I would like to also ask that
Mike Edwards, director of Baton Rouge Metropolitan Airport, his
letter, be included in the record, similar sentiment, as well,
as others.
Mr. Garamendi. Without objection, so ordered.
[The information follows:]
Letter from Mike Edwards, Director of Aviation, Baton Rouge
Metropolitan Airport, Submitted for the Record by Hon. Garret Graves of
Louisiana
Congressman Garret Graves,
2402 Rayburn House Office Building,
Washington, DC 20515.
Congressman Graves,
On February 4, 2021, the full House Committee on Transportation and
Infrastructure will be meeting to discuss the topic of ``Protecting
Transportation Workers and Passengers from COVID: Gaps in Safety,
Lessons Learned, and Next Steps.'' In anticipation of said hearing, I
would like to raise some concerns that have been raised by the aviation
industry and internally here at the Baton Rouge Metropolitan Airport
(BTR). As always, your support and advice are greatly appreciated.
First, on January 31, 2021, the Transportation Security
Administration (TSA) issued Security Directive (SD) 1542-21-01:
Security Measures--Face Mask Requirements. (Attached). This SD covers
airport operators such as BTR and went into effect February 1, 2021 at
11:59 pm EST. Most measures directed by the TSA were already in place
at BTR because of our own actions, actions of the Airlines, and
Governor Edwards' Executive Orders. However, there are some areas of
concern that may be difficult to ensure compliance and enforcement. We
need further clarification on the SD and modification to the wording.
Section B of the SD places the requirement that the airport
operator ``must require that individuals in or on the airport to wear
face masks. This requirement is written so broad that it renders it
impractical. As you are aware, BTR is comprised of hundreds of acres of
land. There is no way the current staff of BTR can patrol the entirety
of airport property. Airport property is not only the terminal, but
also warehouses, parking garages, private hangars, an industrial park
containing private non-aeronautical businesses and tenant, and public
offices (Federal, State, and Local) etc. A strict reading of the SD
would require airport employees to spot check or inspect the premises
of Coca-Cola or All Star Automotive to verify masks are being worn,
especially in isolated offices. This can't be the intent of the SD. It
is our belief that the intent of the SD is to take action to implement
President Biden's Executive Order promoting safety in public
transportation, specifically traveling passengers. Of course, BTR, in
partnership with the airlines and concessionaires, will continue to do
its best to advise passengers as to the mask requirements, provide
complimentary masks when necessary, and enforce the SD within the
passenger terminal building.
Additionally, the SD goes beyond the CDC recommendations. As an
example, Section D(2) provides for an exception to mask wearing,
``while eating, drinking, or taking oral medication for brief
periods.'' This language is consistent with the CDC Order. However, TSA
went further to state that masks must be worn between bites and sips,
while ``prolonged'' eating or drinking. How is this even enforceable
unless the airport stations employees at restaurants, common areas, and
gates?
Next, it is my understanding that discussions are taking place
concerning adding COVID testing for those traveling domestically. BTR
understands and does not oppose the requirement for international
travel. However, a domestic testing requirement will place a great
burden and obstacle that will have a significant impact on air travel.
While COVID testing can enhance the safety of the traveling public, the
implementation of a testing requirement is a challenge for any airport
no matter the size or location. Further, there is strong scientific
evidence that the risk of COVID-19 transmission onboard an aircraft is
very low. As such, BTR believes that a testing requirement for domestic
air travel is unwarranted at this time. Attached is a letter sent to
the White House COVID-19 Recovery Team Coordinator that raised concerns
about the possibility of a pre-departure testing requirement for
domestic air travel.
A domestic testing mandate would impact airports by reducing
passenger traffic, which is already at significantly low levels
compared to pre-pandemic, even further. The public may opt to drive or
not travel at all, in lieu of taking a flight, due to availability,
time, risk, or cost associated with obtaining a COVID test either at
home or at the destination before returning. Further, such a mandate
would divert testing and financial resources away from more pressing
public health priorities and vulnerable populations. An additional
concern stems from the fact that some individuals travel on a weekly
basis and could be required to have multiple COVID tests each week in
different locales across the country. This is quite a burden to place
on interstate travel. Before implementing a testing requirement, BTR
urges the Biden Administration, TSA, CDC, and other relevant Federal
agencies to seek input from the aviation and travel industry
stakeholders before implementing any additional measures to ensure that
these measures are feasible and effective. The decision to implement a
domestic test requirement should be a data-driven, risk-based, and
feasible approach to public health measures.
Safety is extremely important at the Baton Rouge Metropolitan
Airport. It is our first priority. BTR, as with most airports, took
significant efforts since the beginning of the pandemic to ensure the
health and safety of our employees and the traveling public. Additional
regular cleaning, sanitization, social distancing measures, and
providing complimentary masks are just some of the efforts taken.
However, measures that are mandated by Federal, State and Local
government agencies should be reasonable, practical, feasible,
enforceable, and data driven. Most importantly mandates should be
narrow and clear to ensure compliance. Perhaps, these are questions and
issues that can be addressed at the full committee hearing or through
your role in with the Aviation Subcommittee.
Best Regards,
Mike Edwards,
Director of Aviation, Baton Rouge Metropolitan Airport,
www.flybtr.com.
Mr. Graves of Louisiana. Thank you, Mr. Chairman.
Ms. Nelson, I would like to ask you a question. So, if you
look at this suggestion that at some point you may have
domestic travelers being required to, before they can get on a
plane, to be COVID tested, do you believe that that is going to
result in basically an inconvenience that would result in
higher costs, disproportionate impact on those of lower income,
and potentially even pushing some of those travelers to other
modes of transportation like bus and rail that don't require
testing, which ultimately would be less safe?
Ms. Nelson. I believe that that will absolutely be the
result. We are not set up to do this in a way that can be
convenient for everyone in order--and be effective. So it would
be a cosmetic change that would hurt the airline business and
actually make us less safe because of what you are talking
about in pushing them to other modes of transportation.
Mr. Graves of Louisiana. And likely so we would be making
decisions that were less safe, at the same time, probably
increasing the demand for PSP support, so additional taxpayer
dollars going out to try and provide assistance. Is that fair
to say?
Ms. Nelson. You are 100 percent correct, and as I said
earlier, if this is in place, the furloughs that we have seen
so far would be dwarfed by what would happen if this policy
went into effect without us being able to properly make it
work.
Mr. Graves of Louisiana. OK. Thank you, Ms. Nelson.
Mr. Pugh, I would like to ask you a question. I know that
some of these smaller independent operators were unable to
access the Paycheck Protection Program assistance, the program
under the SBA and Treasury that offered assistance directly to
small businesses to cover payroll.
Last year, there was legislation that was going to require
increasing the minimum insurance coverage for trucks, even
though I believe it was less than 99--excuse me--less than 1
percent of the actual accidents hit the cap already, there was
an effort to increase it.
Do you believe that in these times when truckers are unable
to access PPP, suffering extraordinary economic injury as a
result of the pandemic, that putting additional insurance
requirements that, according to statistics, clearly aren't
needed, would complement the economic recovery and
sustainability for the trucking industry, or do you believe
that that would cause harm?
Mr. Pugh. I think it would cause lots and lots of harm.
Thank you for your question, Congressman. Yes, you are correct,
there are all kinds of studies that show there is no
correlation in safety and increased insurance.
In fact, we feel that it will have an opposite effect
because most small carriers, they don't have the borrowing
power as the big carriers. But they own the truck. They own the
trailer. They are some of the safest people out there. By doing
this, you are going to drive them out of business.
Trucking is a penny-profit business. No one is getting rich
in the trucking business that owns a truck and trailer. It is a
very, very tight profit margin business. These guys are already
paying $10,000 to $20,000. If they put these increases and we
have no idea even what the charges will go to, they could
double, maybe more. We figure the availability for insurance
will go away. There will be less carriers willing to write
these policies, you know, so who knows. It eliminates
competition. So, yes, this would be a detrimental effect on
small business carriers and on safety for the highway, in our
opinion.
Mr. Graves of Louisiana. Thank you, Mr. Pugh. I appreciate
y'all in terms of providing feedback and helping guide us as we
move forward.
Last quick question here. Mr. Chairman, perhaps one of the
Ph.D.s. Under President Biden's Executive order on the mask
requirement, it is unclear, particularly in section B, where it
makes reference to airports being required to enforce the mask
mandate on airport property. For example, in my hometown
airport, they own lots of open land. They actually even have
tenants that have very little to do with the airport. Do you
believe that enforcing mask mandates on open land when folks
are not surrounded by other people or in private businesses
that are not aviation-related, necessarily, makes sense and
should be part of this order as strictly interpreted? If you
could quickly answer.
Mr. Garamendi. I think that will be a yes-or-no answer, and
we will move on.
Mr. Bahnfleth. Yes.
Mr. Garamendi. So that was a yes. All right.
Heads up, everybody. Mr. Sires is next, then Mr. Bost, and
myself and then LaMalfa, so get ready for your questions.
Mr. Sires.
Mr. Sires. Can you hear me?
Mr. Garamendi. Yes, we can.
Mr. Sires. I represent a district that is one big
transportation hub. I represent Hoboken, New Jersey, which is 1
square mile, and it has about 52,000 people. Every kind of
transportation system you can think of is in my district from
the ferry to the buses, jitney buses that don't pay attention
to the local rules. You name it, we use it, because we are, by
far, the most densely populated square mile in the country.
I had the opportunity to visit one of the garages of the
ATU, and the stories that I heard broke my heart, how people
just don't pay attention to wearing a mask and doing the right
thing. I don't know what kind of technology we can use to
protect these drivers and these people that are performing such
a vital service because if we didn't have transportation in my
district, I mean, it will come to a standstill.
And my concern is, what actually works for these people? I
know we talked about a shield. We talked about the air. We talk
about it, but they are not comfortable with that. And I don't
know how we make them comfortable to do their job.
Anybody want to take a shot at that?
Mr. Bahnfleth. Well, Congressman, an important point, and I
would be happy to say a couple words. I think Dr. Michaels
talked about the hierarchy of controls, and then what that
illustrates is that we have layers of protection, and they all
add to one another. So what I would hope to see is that
everyone does everything reasonable they can to reduce risk,
and that is going to give us the best result.
Honestly, we are in a situation of imperfect knowledge, but
we know all of these things that are being recommended do
something to reduce risk, and I think it is helpful to do as
much of that as we can. We need everyone to do their part.
Mr. Sires. Does the National League of Cities, are they
able to provide us with information on how many cities with
public buses have protective shields installed in the buses?
Mr. Buscaino. Congress Member, thank you for the question.
Here in Los Angeles and the L.A. Metro, we do have
installation. We have installed shields in our bus fleet. As
far as data is concerned with National League of Cities, we
don't have that specific data now, but we will be more than
happy to provide a written report for you, sir.
Mr. Sires. Thank you.
You know, I rode Amtrak coming here this week. I have to
tell you: I was one of two people in the car. And my concern is
once we hopefully get this pandemic under control, how are we
going to get people back into trains? That is so important,
especially in this corridor that I travel in. I don't know how
we get people confident to go back. It will take a long time. I
think Amtrak is losing something like $200 million a month,
some ridiculous number. But, you know, you cannot do without
this kind of transportation. And I think part of our job as
Congress is to find a way to bring back that confidence of
people to ride the train, to ride the buses. [Inaudible] The
questions have been answered that I wanted to ask, but my
concern is the confidence that we are going to be able to
install for people to go back to using public transportation.
Like I said, my district is nothing more than a transportation
hub.
Mr. Michaels. Congressman, if I can respond, I think that
the first thing the country really needs to do is to change the
culture around masks. The number one effective tool is to make
sure everyone is masked. And if we want people to be able to
get back on trains, on buses and planes, they have to have
confidence that they will be safe. And, you know, in other
countries, they issue tickets like a traffic ticket if you
don't wear a mask. We think it is just voluntary here, but it
is not voluntary to ride the bus without paying. There are
certain responsibilities we all have. And certainly masking in
public is absolutely a responsibility, and I think it is
irresponsible to tell people, well, masking is just voluntary.
It is something you can do if you want to. It is a public
health concern. You are not masking to protect yourself. I have
heard people say ``I don't need to wear a mask because I don't
care if I get sick.'' That is not what it is about. You are
wearing a mask because you respect other people. You want to
make sure other people don't get sick. And that is what we need
to be talking about. I think everybody needs to get behind that
message and make it strong.
Mr. Sires. Well, I agree with you 100 percent. Now we have
people that, after two shots of the vaccine, they feel they
don't have to wear the mask.
Mr. Garamendi. Mr. Sires, could you please wrap up? Your
time has expired.
Mr. Sires. Thank you.
Mr. Rivera. Mr. Chairman, if I can answer his question
really quick.
Mr. Garamendi. Yes. Go ahead quickly.
Mr. Rivera. I think the industry needs to rebuild the buses
and perhaps work with unions and help redesign them so we can
have a better feeling and understanding of what needs to be
done. Thank you so much. And, thank you, Congressman Sires.
Mr. Garamendi. Thank you.
I will now turn to Mr. Bost.
Mr. Bost. Thank you, Mr. Chairman.
You know, recently the Federal Highway Administration
released results of a 2019 Jason's Law survey, which examines
truck park shortages nationwide. This was an update from the
FHWA's 2015 report on the same issue. And it was confirmed that
the truck parking shortages are still a major problem in every
State and region. In fact, some States, including Illinois, now
have fewer public parking spaces than they did 5 years ago.
That being said, Mr. Pugh, as a trucker and with firsthand
experience out on the road, could you talk a little bit more
about the safety challenges that the parking shortages created
for drivers, especially during this COVID-19 crisis?
Mr. Pugh. Yes. Thank you, Representative Bost, and thank
you again to yourself and Representative Craig for going across
party lines to come out with such a good bipartisan bill to
help truckers get some parking. So thank you very much. We
appreciate that from both you and Congresswoman Craig.
But, yes, you are correct. I have been traveling to
Washington, DC, personally since 2005 attending meetings,
hearings, surveys, discussions, and everything about parking.
Since 2005 until now, the only thing I've seen is less parking
than what there was in 2005. So the Jason's Law survey of 2019
is no surprise that there is less than there was in 2014, and
this is still an issue.
Myself, personally, I can speak. I have had to park in
places where my truck has been hit, where someone tried to
break into my truck, where I have been harassed. I used to
always carry a Collie dog with me, to give me some company but
mainly for protection. I have parked in places where I have had
my tire shot out.
One of the worst ones I can relate to you. You know, when
you hear all of the time the trucking--the truckstop industry
can handle all this. That isn't true. I was going to Boston one
time, was getting sleepy, still had plenty of time, but I was
getting tired. So coming into Connecticut on I-84, I started
looking for a place to lay down and take a nap. This is later
evening, probably 9, 10 o'clock at night. I stopped at every
truckstop in Connecticut on I-85, which at the time, I think,
was two or three, ran through every rest area, there was no
park, places to park. Got into Mass., same instance. Before I
got on the Mass. Pike, there was a couple truckstops. Nowhere
to park. Finally, I got on the Mass. Turnpike, got to the first
service plaza. By now, it is probably close to midnight, pulled
in there to see if I could find a place to safely rest.
The truck side was full. There was some parking on the car
side. And there were a couple trucks parked there back in the
back. I personally backed in there and parked with those other
trucks. At 4 o'clock in the morning, I was awakened by
Massachusetts Highway Patrol, given a parking ticket, and told
they weren't concerned that I was going to run out of hours.
They sent me down the road and told me to get on out of there.
So this is a real problem that continuously gets worse and
worse and worse.
During COVID, Pennsylvania shut their rest areas down. We
had to get the Federal Highway Administration and some involved
to get the rest areas back open. There are just not enough
places to park. There are so many trucks, and with ELDs and all
the hours of service and flexibility, it is just--everything's
maxed out. Government has to get involved. Government,
Congress, you have to help by passing something like
Representative Bost's bill.
Mr. Bost. Well, thank you for that, but also, you just--and
we have only got a minute, but you brought up something that is
vitally important that our committee needs to know and
understand, especially those that have never been in the
trucking business, and that is it is the hours of service, and
it is the electronic logbooks that are putting us in
situations. And then you have police officers, God bless them
for what they do, but maybe a local community police officer
that doesn't understand that, when you say you have got to shut
that truck down, you have got to shut the truck down according
to Federal laws. And then the local laws will say, no, you
can't park here because you are violating the law by parking
here, but you don't have any more hours to go anyplace else. It
is a real problem that people need to know and understand, so
thank you for bringing that up.
Mr. Pugh. And if I could add, it's not only a problem with
the law; it is also a problem with these shippers and
receivers. Some of these huge shippers and receivers have huge
parking lots, plenty of space, but they make you leave, and
when they have tied you up for 4 or 5 hours waiting to load
when they should have loaded you in an hour and got you down
the road.
Mr. Bost. Right. That is correct.
With that, I yield back. Thank you.
Mr. Garamendi. Thank you, Mr. Bost.
Heads up. The next three witnesses or questioners will be
Garamendi, LaMalfa, and then Hank Johnson. So I will turn to
myself for the next few moments.
Like Chairman DeFazio, I have the pleasure of living on the
west coast. I also have the pleasure of spending 5 hours going
either east or west in an airplane. So the question of air
quality on the plane is of utmost interest to those of us. And
I see our friend from Hawaii here, and he gets to add another 5
hours to that trip either way. So air quality becomes very,
very important. Last year, we introduced legislation on air
quality. It was specifically for toxins. We now deal with
viruses.
And so my question goes to Ms. Nelson--is legislation
useful and necessary to mandate that the airlines provide
airplanes that have systems to make their air safe from toxins
as well as from viruses or other pathogens? The same question
will go to Mr. Bahnfleth.
Ms. Nelson. Yes. So we do need legislation on sensors and
filters to make sure that we are not circulating toxins into
the cabin air, but I do want to note that the HEPA filtration
on board, not all aircraft, but many aircraft and certainly on
Boeing aircraft, is helpful because it does at least filter out
those virus particles. Now, that is not a complete protection.
We have to have all the layers of safety, but air circulation
and air filtration is a key part of keeping people healthy and
safe on board.
Mr. Garamendi. Thank you. I will look forward to your
continued support of the legislation.
Mr. Bahnfleth.
Ms. Nelson. Thank you.
Mr. Bahnfleth. Yeah. Thank you for the question. And I have
to say that as a representative of the technical society, it is
not really, I think, my place to say how things should get
done, but I do believe that our standards should continue to
improve. And I would like to see standards like ASHRAE Standard
161 that relate specifically to aircraft air quality is adopted
as the basis for design of the aircraft in the future to the
extent that it is not already being used. So I believe in
standards produced by consensus bodies being widely adopted.
Mr. Garamendi. Thank you. I would appreciate from your
organization specific recommendations on HEPA filters, UV, and
other kinds of filters and systems that might be used on
aircraft and also on other modes of transportation. So we have
talked a lot about buses and trains here. So what can be done
to improve the air quality?
I will also note that, in this building, the Architect of
the Capitol decided that they ought to put in windows, new
windows, that we cannot open, without the proper ventilation
also, but that is a problem here. So if you would do that, sir,
I would appreciate it.
With that, I have completed my questions, and I am going to
turn to Mr. LaMalfa. Mr. LaMalfa, if you are still there. If
you are not, we will go to Mr. Stauber.
Mr. Stauber. Thank you very much, Mr. Chair.
And I do want to thank the witnesses, and I also want to
thank the industries who are testifying, our flight attendants,
owner-operator truckers, and our public bus operators. And I
appreciate this hearing today because I think it really has
been the American worker who has proven to be more resilient
than any virus could, and I have personally seen some of the
best of humanity in the American worker since the beginning of
this pandemic.
I agree that we must protect workers from COVID by ensuring
that they have proper PPE and proper policies in place to
ensure that people are safe. But protecting workers from COVID
not only means protecting them from the virus; it also means
protecting their jobs and their ability to make a living.
Mr. Pugh, how important is it to your industry that the
businesses that drivers deliver to, the restaurants, the
retailers, the supply chain partners, remain open for business
and consumers who patronize these businesses?
Mr. Pugh. Yes. Thank you for the question, Representative.
And, yes, you are correct. It is very important. I hate to say
it is life and death, but when you are in a truck, and you are
out on the road, I can speak for myself. You leave your home on
Sunday or Monday morning, and you don't get back until Friday.
Maybe you don't get back for multiple weeks, you know. A lot of
guys--some guys can fix things, you know, microwaves and stuff
like that in their truck. But, you know, you ride around in a
box that is 6 by 6 or something and spend your whole time in
there, it is nice to be able to get out and go in somewhere and
not only wash your hands and stuff but be able to sit down in
something that doesn't move and eat a good meal, get a good
square meal, not something you have to heat up in a microwave.
You know, fortunately, thank God, I was here in this
office, and I didn't have to go through all the things that our
men and women driving trucks are going through, have been going
through, and are still going through. Like, when I went back to
Ohio from Missouri this spring, we stopped in Effingham, which
is a big trucking hub. None of the truckstops had their
restaurants open. I had my pickup truck, and so we actually
walked to a fast food restaurant. They handed us food out the
door, you know. It is cold. It was raining. That is the real
thing that drivers have gone through and are still going
through in some cases. A lot of places are still not opening.
You can't park a tractor-trailer at just any little restaurant
that may be open and----
Mr. Stauber. Yeah. Mr. Pugh, if I may, just another
question. So when you have individual Governors unilaterally
shutting down their States, what does that do to the owner-
operator trucker and their bottom line?
Mr. Pugh. Well, it kills their bottom line because once you
shut them down, not only do they not have a place to stop or
get a good meal or a safe place to be. It also shuts down
freight that some of them haul, so they are not moving anything
or hauling anything. They put tighter demands and stress on the
other freight that is out there and that other operators are
doing which drives down costs for everyone--or pay, I should
say, not costs.
Mr. Stauber. Right. Well, thank you, Mr. Pugh. You know, we
currently have an economic environment that is very fragile.
Every day, businesses fear that the whim of a Governor could
shut them down for an indefinite amount of time, making it
illegal to make a living, thereby again, laying off employees
and forcing American workers on to unemployment.
In northern Minnesota, we also have the economic and
personal safety of American workers in jeopardy due to
protesters on the line 3 pipeline replacement project. Just
earlier this week, there was a protester who put people's
safety at risk when he jumped onto a piece of pipe as it was
being lowered into a water trench. Also, earlier this week,
more than 50 protesters climbed onto and under pipeline
construction equipment, further endangering worker safety. Last
month, protesters actually climbed inside portions of that
pipe.
More must be done to protect worker safety. I agree that
the safety of the American worker must be paramount, whether it
be from COVID, from shutdowns of small businesses, or dangerous
protesters.
Mr. Chair, I yield back.
Mr. DeFazio [presiding]. I thank the gentleman. I am going
to, at this point, do something a little unusual. I am going to
ask that unless senior Members have a pressing question that
hasn't already been answered two or three times, to forgo your
questions because we have a list that would go quite long, but
we are going to have a series of two votes, which is a minimum
of 2 hours. I will wait until the end of the first vote to go
vote, but after that, I am not going to call the committee back
into session.
Mr. Johnson of South Dakota. Mr. Chairman, Dusty Johnson,
South Dakota, sir. I would like a couple minutes to respond to
something you said earlier, if I could.
Mr. DeFazio. Well, I just explained this problem. So, when
your time is up for a question and you are up there, you can
use it however you want. So, with that, let's go to Mr.
Johnson--excuse me--Hank Johnson. Actually, the rules don't
preclude ``Mr.'' We can use ``Mr.'', so Mr. Johnson.
Mr. Johnson of Georgia. Thank you, Mr. Chairman.
Mr. Pugh, I want to thank you for being here today and for
your work representing small, independent trucking businesses
and independent truckers. They catch a raw deal from the
middleman, trying to set the rates and get a fair amount of
money for the work that they do, and I am committed to working
to level the playing field for you guys out there, so I look
forward to working with you.
In your written testimony, you express some frustration at
this committee's efforts last Congress to raise minimum
trucking liability insurance standards to $1.25 million, but
you acknowledge that many carriers are already insured for $1
million or more. How much would it cost for an average carrier
to purchase insurance coverage from $1 million to $2 million
per truck?
Mr. Pugh. Yes. Thank you for your question, and I
appreciate it. Yes. I need to be clear, and I think you are
correct. They want to raise it $1.25 million; $750,000 is the
minimum now. They want to raise it to $2 million.
Mr. Johnson of Georgia. And my question is how much would
it cost the average trucker?
Mr. Pugh. Probably--we would guess that it would probably
close to double. Average truckers----
Mr. Johnson of Georgia. How much is that?
Mr. Pugh. That would be--probably $10,000 to $15,000, but
there is no solid way to know because we are sure that there
will be insurance carriers that will drop out of this market.
Commercial truck liability has been losing money for 10 years
overall.
Mr. Johnson of Georgia. Well, now, that may be true, but
now, you must admit that there has been an increase in trucking
wrecks and injuries and deaths caused by them, and the basic
$750,000 basement level has not been raised in decades.
Mr. Pugh. That is correct, but most drivers----
Mr. Johnson of Georgia. So let me ask you this question. If
there was no raise in [inaudible] On their families to
adequately recover for their losses due to injury and death
caused in trucking wrecks?
Mr. DeFazio. Representative Johnson, you are freezing up.
Mr. Pugh. I think I can answer some of this, Mr. Chair.
Yes, you are correct, there have been accidents that have
gone up. But there have also been studies that have shown by
FMCSA that limits or the average accident in trucks is $18,000.
Right now, we are right around $18,000; 99.4 percent of all
truck accidents, the limits take care of and cover. Seven
hundred fifty thousand dollars is the required amount, but most
carriers, due to markets, are already carrying $1 million. So,
again, it has been shown that these accidents, these
catastrophic accidents, there isn't anyone who could supply
enough insurance to cover them, unfortunately. But, again,
right now, 99.4 percent of all accidents are covered. This
raising the insurance minimums is completely driven by trial
attorneys and wanting to get more money, you know, because they
get 30 to 40 percent or more when those cases come.
Mr. Johnson of Georgia. Mr. Pugh, I would like for you to
allow me to move on, if I could.
Mr. Pugh. Yes.
Mr. DeFazio. I am not hearing Representative Johnson. I
think we lost the Representative. Representative Johnson.
We will move on to Representative Fitzpatrick.
Mr. Fitzpatrick. Thank you, Mr. Chairman, for convening the
hearing today.
Thank you to our panelists.
And my first question is for Ms. Nelson. I do want to share
with my colleagues. As I am sure many of you have, I dealt with
a lot of our Nation's labor leaders since the inception of the
COVID-19 pandemic. And I can tell you that Ms. Nelson was so
engaged from day one with me and my staff and so many of my
colleagues looking after the people that she represents and all
people working across the country, including our flight
attendants, including the airlines themselves, and I want to
thank her for her service.
So, Ms. Nelson, if you are still with us, I have been a
strong supporter of the Payroll Support Program, and I wanted
you, if you could, to share with the committee here what would
have happened to the airline industry if Congress had not
provided that relief. I think that is important for everyone to
hear given the need for ongoing support.
Ms. Nelson. Congressman Fitzpatrick, thank you so much.
In March, if this had not been put in place, the airline
industry simply would have collapsed. We would have seen many
airlines going out of business. The dropoff in demand was so
severe, 97 percent dropoff, that many airlines were in jeopardy
of not meeting payroll within a couple weeks, if not within a
couple months. So they saved the airlines and the ability to
continue to provide this service for the American public and
these jobs. But in addition to that, the Payroll Support
Program that we put in place was specifically a workers first
program and supported only those workers' jobs, made sure that
there was no cuts to hourly rates, made sure that we continued
service to all the communities, and we did the opposite of what
a normal corporate bailout would do. We capped executive
compensation and banned stock buybacks. So it was workers first
all the way around. It saved jobs, kept us connected to our
healthcare and all of the things that we need to continue for
the rest of our working lives, Social Security contributions,
contributions to our retirement and pensions, and these are
things that we are not going to have to burden the rest of the
public with because Congress acted in a bipartisan fashion to
put this workers first program in place.
Mr. Fitzpatrick. Yeah. I will say I strongly believe PSP
needs to be extended to give workers some stability during a
really uncertain time. Ms. Nelson, if you could share with us
what more can be done aside from extending the PSP and
supporting those who work in the aviation sector.
Ms. Nelson. We can make sure, actually, that we are
implementing the 2018 FAA reauthorization bill and that we are
making sure that airline workers have proper access to PPE. So,
for example, flight attendants fill the two-person rule in the
cockpit when one of the pilots needs to come out. We also need
those secondary barriers to keep us safe during this time, but
we need to make sure that the flight attendants who are
fulfilling that secondary person in the cockpit are able to
have an N95 mask because the pilots cannot always wear masks in
the cockpit in order to properly communicate with ATC. So that
is another thing that could be done, and that is a hole right
now that needs to be filled.
Mr. Fitzpatrick. Thank you, Ms. Nelson. Thank you for all
of your support for the workers across America. You are a
champion for them.
If I could ask a question for Councilman Buscaino. Sir,
what effects will we see in towns and cities across the country
if we do not provide the revenue necessary to stem the loss of
revenue that you have experienced?
Mr. Buscaino. Thank you, Congress Member, for the question.
We are dipping into our reserves here in Los Angeles, something
that we built up over the years since the last recession. We
have also had to dip into our public works trust fund that we
need to pay back, as I mentioned earlier, by July 1st, per our
city charter, and this is just the city of Los Angeles.
If we don't move on a relief package for cities, towns, and
villages across the country, we are going to start furloughing
or laying off our essential city employees from firefighters,
police officers, to sanitation workers. Again, and I appreciate
the question because the cities are ground zero in this
pandemic. We heavily rely on revenues, our revenues are not
coming in because of stay-at-home orders. Additional aid to
local governments cannot come soon enough, sir. So many of our
municipalities are facing devastating consequences because of
the pandemic.
Mr. Fitzpatrick. Thank you, Councilman.
Thank you, Ms. Nelson.
Thank you both for your service.
Mr. Chairman, I yield back.
Mr. DeFazio. OK. Now Representative Johnson.
Mr. Johnson of South Dakota. Thanks very much, Mr.
Chairman. And I think we understand how critically important
accurate and fair information is when we talk about COVID-19.
And so I do want to take just a couple of minutes, I think, to
set the record straight with some of the comments that you
made, sir, against your former colleague, Kristi Noem, my
friend, and the Governor of South Dakota.
It was stated that zero steps had been taken by South
Dakota to address COVID-19, and that is simply not the case. I
would note that in the earliest days of the pandemic, Governor
Noem and our healthcare system stepped up and made substantial
investments in healthcare and in COVID response. And, in fact,
today South Dakota leads the Nation in hospital bed capacity
per capita.
Secondly, I would note that South Dakota has been a
national leader week after week after week in vaccinations,
routinely coming in as first, second, or third best in the
country. The last time I checked, I believe South Dakota was
fifth best per capita on vaccine deployment. For context,
Oregon would be 20th. I would also note that South Dakota has a
lower unemployment rate today than it did before the pandemic
started.
Now, so many of these concepts, vaccinations and healthcare
capability, as well as employment, have been called out by our
professional panelists today as critically important to how our
Nation responds in the transportation space. Now, it may well
be, Mr. Chairman, that the steps that Governor Noem has taken
are not exactly the ones that you would take, but I think all
reasonable people should be able to acknowledge that they are
not zero steps.
And so I have been told that this committee is one of
strong bipartisanship and cooperation. I believe that to be
true. It is one of the reasons that I am so proud to have this
be one of my committee assignments. But I would just note that
hyperbole and dramatic overstatement is not conducive to
addressing COVID-19, it is not conducive to problem solving,
and it is not conducive to the work of this Congress. And so I
thank the committee for their indulgence as I make statements
related, I think, to some previous hyperbole and overstatement.
With the time I have left, I have some questions for Dr.
Bahnfleth. And I did appreciate, sir, your focus on science and
standards. You noted in your testimony some cases of infection
that contact tracing suggested happened on commercial air
flights, but I want to provide some context around that data.
Do we have any reliable data related to how many people have
contracted COVID-19, sir, in commercial air?
Mr. Bahnfleth. Thank you for the question, Congressman. And
that data may exist, but I do not have access to it myself at
this moment. I would be happy to see if we can find that for
you, or someone else on the panel may know.
Mr. Johnson of South Dakota. So you note in your testimony
that there is, quote, ``a significant risk of catching COVID-19
on air travel.'' How could one make that statement absent any
sort of a comprehensive review? And I would only note this,
sir, because I think other resources that I have researched, a
study that MIT did an analysis of indicated that it was, quote,
``highly unlikely to get COVID-19 on commercial airline
traffic.''
A Reuters source that I looked up noted that air handling
in office buildings is about four times an hour. You talked a
fair amount in your testimony, sir, about the importance of air
handling. A modern jet aircraft turns over the air 20 or 30
times an hour. The World Health Organization, their
recommendations for health facilities is that ventilation rates
should be 6 to 12 times an hour. And so can you give me some
sense of what data leads you to categorize the risk as you did?
Mr. Bahnfleth. Yeah. Thank you. Happy to. I would
categorize it that way because there are plenty of forensic
studies on outbreaks associated with aircraft to document that
it is possible to have significant transmission on an airplane.
One that I mentioned but didn't go into any detail, I think
there were 14 infections on that plane. I believe 12 of them
were in the business-class cabin, all clustered around the
index case, who was on the plane.
Mr. Johnson of South Dakota. Sure.
Mr. Bahnfleth. So I think that there is reason to believe
that they are at risk.
Mr. Johnson of South Dakota. Doctor, I apologize. My time
has expired.
Mr. Bahnfleth. Whether someone calls it large or small is a
judgment.
Mr. Johnson of South Dakota. Doctor, I apologize. My time
has expired.
Mr. DeFazio. I will give him an extra 30 seconds since you
had to say something else at the beginning. Just finish your
statement, sir.
Mr. Johnson of South Dakota. Mr. Chairman, thank you for
your indulgence.
Mr. Bahnfleth. It is simply that these numbers about how
many out of total travelers is one way of looking at it, but
the other is what makes people confident enough to go on an
airplane or a bus or a train when they see what has happened in
some of these incidents. And I think we have to keep working
towards making them as safe as possible in every way possible.
Mr. Johnson of South Dakota. Very good, Doc. And I would
just close by noting we had 1.8 billion passengers in
commercial airlines last year. And I would call out Sara
Nelson, I think, for her very good testimony, trying to balance
the needs of that critical infrastructure with public safety.
Thank you very much, sir.
Mr. DeFazio. I thank the gentleman. I just inadvertently
recognized two Republicans in a row, so now I am going to do
two Democrats in a row. Then we will get back to regular order.
However, I will indulge as the chair just for a moment. I
apologize for the hyperbole about zero, but she did make a huge
point of not wearing masks, and, you know, you do have the
sixth worst death rate in the country followed by North Dakota,
your sister State. And the other four States have massive urban
areas which are, like, just hotbeds of infection.
And then, on my State, yeah, they are doing a crappy job of
vaccine distribution and other things. The unemployment
department is dysfunctional. I am not going to apologize for
those things, and I admit to that. They are doing better now.
They are up to 20. They were down in the bottom. But, you know,
we are 49th in terms of infections, and I think the same in
deaths, and that is because we did a mask mandate, and
Oregonians, for the most part, are compliant. Now, the only
hotbeds in Oregon right now are eastern Oregon where the
culture is more similar to South Dakota than it is to western
Oregon, where people are ignoring the masking, and their rates
are skyrocketing in these little, tiny counties. Masks work.
With that, we will turn to Representative Titus.
Ms. Titus. Thank you, Mr. Chairman.
We have heard a lot this morning about making airlines
safer and other modes of transportation, and I appreciate that,
but 1 in 10 jobs in the country is based on tourism. Certainly
the economy of my district is, so we need to make
transportation safer. But this committee also looks at
infrastructure, and let's not forget that part of our
responsibility is oversight of 267,000 buildings in the Federal
real estate portfolio. We need to worry about keeping them safe
for the workers there as well as the clients who visit.
On January 21st, the President issued an Executive order
calling for Government agencies to develop some guidance
regarding air filtration. I would ask our two professors who
have talked about air filtration on planes to give us some of
their recommendations, what do they expect to see, what do they
hope to see coming out of this Executive order, and what other
things can we do besides the air filtration system to make our
public buildings safer?
Mr. Bahnfleth. I was going to give Dr. Michaels a chance,
but I will be happy to answer that question, Congresswoman.
Mr. Michaels. I really defer to you and ASHRAE on air
filtration. So why don't you go ahead, and I can always----
Mr. Bahnfleth. Thank you.
I think what we see happening is a recognition that filters
that filter the air in buildings need to control particles that
are known to have health effects, not just infectious particles
as in the pandemic, but there is a huge health cost to inhaling
a lot of PM2.5. And so these filter upgrades that we are
talking about being good in terms of reducing infection risk
are also good in terms of by having a very significant effect
on other health impacts. So I foresee moving up, perhaps, as a
standard to the MERV 13 in most buildings that ASHRAE is
recommending now. It is already in title 24 in California.
So I expect more filtration, but the other things that we
can do, I think air cleaners are really a big part of the
future of sustainable indoor air quality, and that is why I was
so strong on the point that we need standards. I would love to
see some of these technologies that are emerging be things that
we use every day so that we don't have to rely on ventilation
and filtration as much as we do.
Mr. Michaels. If I can just add, I generally agree with
everything Professor Bahnfleth has said. The investment that is
required to improve ventilation and filtration, you know, is
not just for COVID. I mean, we are going to be--first, we need
to prepare for future pandemics, but also, certainly we are
seeing this immense increase in wildfires, for example,
throughout much of the country, which has led to all sorts of
other toxic exposures where people who are wearing masks in
public for reasons other than COVID for the first time. And so
we have to think about this, how we are going to be protecting
the lungs, not just of workers but everybody in the country,
and this is, in some ways, a down payment for that.
Ms. Titus. No suggestions about spacing or occupancy or
anything like that in Federal buildings, distancing, shields?
Mr. Bahnfleth. Well, certainly during the pandemic, masks
and distancing are important. One would hope that we don't have
to maintain that perpetually once the pandemic has subsided,
but that is not HVAC. I think that Dr. Michaels is absolutely
correct. Resilience with respect to quality events is
important. ASHRAE actually has got a guideline committee now
working on guidance related to wildfires. So that issue merges
with the pandemic. What do you do when you have something that
is really out of the ordinary happen, and certainly COVID-19 is
one of those events. It is going to change the way we design
systems, I am sure.
Ms. Titus. We have to keep in mind the power bill too,
because the U.S. Government is one of the biggest consumers of
electricity out there.
Mr. Bahnfleth. Ergo, the desire for air cleaners rather
than more ventilation.
Ms. Titus. Thank you. I yield my time back to the chairman.
Mr. DeFazio. I thank the gentlelady. And, again, since we
are going out of order because we went out of order on that
side, Representative Wilson.
OK. Representative Lowenthal. We will come back to Wilson.
Mr. Lowenthal. Thank you, Mr. Chair. And, first, I would
like to ask unanimous consent to introduce a letter from the
Pacific Maritime Association, the ILWU, the ILA, which is the
International Longshoremen's Association, and the U.S. Maritime
Alliance, urging the committee to protect maritime workers.
Mr. DeFazio. Without objection.
[The information follows:]
Letter of February 2, 2021, from David F. Adam, Chairman and CEO,
United States Maritime Alliance, Ltd. et al., Submitted for the Record
by Hon. Alan S. Lowenthal
February 2, 2021.
Hon. Peter A. DeFazio,
Chairman,
House Committee on Transportation and Infrastructure, U.S. House of
Representatives, Washington, DC 20510.
Dear Mr. Chairman:
We write as the leading representatives of America's frontline
longshore workers and maritime employers to seek your assistance on a
matter of urgent national importance: protecting our nation's economy
and supply chain by prioritizing COVID-19 vaccinations for port
workers. While our organizations represent a diversity of maritime
interests in varying regions of the nation, we have come together to
speak with one voice on this pressing and immediate priority.
America's ports are the primary gateways for the goods and supplies
Americans depend on, including food, medical supplies, personal
protective equipment (PPE), sanitizer, and other items sustaining the
country during this historic pandemic. Millions of jobs and a
significant portion of America's GDP are directly tied to the health of
our ports, which are vital to national industries including retail,
manufacturing, agriculture, and more. But the reliable operation of
port terminals could soon be in jeopardy due to the alarming increase
in COVID-19 among frontline longshore workers nationwide. Prioritizing
frontline port workers' eligibility for vaccination and ensuring
adequate vaccine supply is the only sure way to safeguard the supply
chain that drives our economy and connects America to the rest of the
world.
Since the start of the pandemic last year, America's maritime
workforce has answered the call of duty to keep our ports open for
business, and our warehouses and store shelves fully stocked. From
Maine to California, their dedication and resilience has been nothing
short of heroic. In recent weeks, however, COVID infections among
frontline port workers have reached crisis levels in many locations.
From March 2020 through January 25, 2021, the International
Longshore and Warehouse Union (ILWU) and Pacific Maritime Association
(PMA) reported 1,034 coronavirus infections among frontline port
workers along the West Coast. Over the same period, the International
Longshoremen's Association (ILA) reported 784 positive tests along the
East Coast and Gulf Coast. And infection rates are rising rapidly. For
example, at the Ports of Los Angeles and Long Beach, America's largest
port complex, almost as many longshore workers tested positive in the
first three weeks of 2021 as in the first 10 months of the pandemic,
from March through December of 2020. Other port regions report similar,
troubling increases.
This wave of virus infections comes as ports nationwide contend
with record-breaking tide of imports from Asia that shows no sign of
relenting. Our ports require as many workers as possible to accommodate
this unprecedented surge. Exacerbating the challenge, the virus poses
the greatest threat to older workers, who often possess the specialized
skills and experience that are most needed to keep port terminals
operating smoothly.
We recognize that state and local governments play a key role in
administering the COVID-19 vaccination process. However, given the
clear national interest in keeping our ports functioning smoothly--
protecting our economy, healthcare infrastructure, and national
security--we respectfully ask your assistance in taking all possible
steps to help speed the vaccination process for the men and women of
our maritime workforce.
Sincerely,
David F. Adam,
Chairman and CEO, United States Maritime Alliance, Ltd.
William E. Adams,
International President, International Longshore and Warehouse
Union.
Harold J. Daggett,
President, International Longshoremen's Association.
James C. McKenna,
President and CEO, Pacific Maritime Association.
Mr. Lowenthal. Thank you. I would like to ask Council
Member Buscaino. Joe, first of all, thank you for your clear
testimony on the need to support our State and local partners
during this crisis. It was very well stated. But I really do
want to follow up on an issue that you raised and Congresswoman
Napolitano raised, and that is about the tremendous rise in
COVID-19 and testing positivity rates at both Ports of L.A. and
Long Beach and what you can do.
You have pointed out, and I think we know that State and
local leaders have stepped up along with terminal operators,
labor, port officials. I want to know what have they done at
the local level to bring down this. And the second part is what
should we be doing in Congress and also FEMA and the
administration, what further steps to ensure that the critical
operations of the port continue? So what has been done, and
what can we do?
Mr. Buscaino. Thank you, Congress Member. First and
foremost, I appreciate your friendship and partnership over the
years, you along with my Congress Member, Nanette Barragan.
And, collectively, the both of you have elevated the importance
of prioritizing vaccines for our maritime workers. We stand
ready, as I mentioned earlier. We have a cruise terminal that
sits vacant today, unfortunately, but can work to vaccinate our
longshore workers, our truckdrivers. We stand ready for that.
Let's be mindful, colleagues, that half of our goods come
through the San Pedro Bay ports. Nearly half of our goods come
through both the Ports of Los Angeles and Long Beach. That is
what is being threatened today. Additionally, we are thankful
for President Biden in moving forward a couple days ago on
agreeing to 100 percent reimbursement of FEMA, but cities and
towns and villages across the country still have to front load
those dollars in a time where our budgets are stretched thin.
So the importance of moving forward and supporting another
COVID relief package that includes dollars for vaccines will
help cities, towns, and villages across the country to urgently
deploy these vaccines, very similar to what we are doing in
Dodger Stadium here in Los Angeles as you know, sir, and the
news broke today, in this morning's L.A. Times, as two
additional sites in L.A. County, particularly in the
disadvantaged impacted communities of color where we will be
deploying more vaccine sites, which is great. We have the
infrastructure; we just need the vaccines.
Please pass that bill so we can get the vaccines deployed
to our cities, towns, and villages across the country.
Mr. Lowenthal. Thank you, and I yield back.
Mr. DeFazio. I thank the gentleman.
Now, Representative Burchett.
Mr. Burchett. Thank you, Mr. Chairman. It is a pleasure
serving on the committee with you, sir, and I look forward to
the bipartisanship I hope we have here. I actually--when I was
in the State legislature, I was in the State house on the
Transportation Committee, and my friend, Steve Cohen, was a
senator, and we partnered together to raise the speed limit in
Tennessee to 70 miles an hour, actually. I believe I asked for
85. In the art of negotiation, I took 70. But oddly enough, the
week that I did that, the prior week I had brought Peyton
Manning to the floor of the house of representatives, and he
signed autographs for everyone. And, honestly, I think I could
have passed communism that week in the State of Tennessee. So
if you drive 70 miles an hour, you have Steve Cohen and Peyton
Manning to thank as well.
I have one question for all the folks. And I understand
that COVID has resulted in significant health and economic
challenges for transportation industries. But looking forward,
what do y'all think the recovery would look like for you? And
how can this committee support that in any way?
Mr. Pugh. As for me and for trucking, moving forward, one
thing Congress needs to do is, in working with FMCSA and
probably FEMA, is we need to come up with a good way for
truckers to get vaccinated, especially right now with there
being the two-step vaccine. Truckers leave home. They are gone,
you know. They don't know when they are going to be back, so it
makes it tough to get that second one. There are [inaudible] or
places like St. Christopher's Fund who set up flu vaccines in
the past. We urge Congress to maybe work with some of them,
work with some of these to set up places either in rest areas
or truckstops or something like that. Hopefully this Johnson &
Johnson shot will come available soon. It is my understanding
that is a one shot. And as far as the trucking community, for
those who want vaccinated, that would be the best thing for
them to use.
Mr. Buscaino. If I can add, Congress Member. On behalf of
cities, towns, and villages across the country, we encourage
our colleagues in Congress to pass the COVID Relief Act. Move
on a long-term infrastructure bill that was promised by the
previous administration but failed to do so. What better way to
put Americans back to work in a time of a recession, in a time
of pandemic, than to pass a long-term infrastructure bipartisan
bill. Thank you.
Ms. Nelson. Absolutely. We need that relief. And the
continuation of the payroll support is so critical, not only
for our financial security and to keep the airlines intact and
people in their jobs connected to their safety and security
credentials so that we can lift the economy again, but also so
that people are staying on top of their bills, paying their
taxes, and contributing to the economy in a way that supports
our towns and cities is so critical. So I appreciate the
bipartisan support from this committee so much, and I can't
overstate how critical that is.
I will also just reemphasize that a Federal plan to have
vaccine distribution in our workplaces is going to be a much
more effective program for crewmembers and other airline
workers than trying to have this done through the States and
have people haphazardly try to get appointments, so that would
be very helpful. Thank you.
Mr. Burchett. Ma'am, I would hope during anything that we
do with the airlines that we would put some caveats in there
that were not put in during the banking bailout. And I would
hope that the--for lack of a better word, the bigshots in the
airline would not be able to receive that money. It would go to
the working folks like yourself and some of your colleagues.
Ms. Nelson. So that is what we have done. And I have to say
that being 80 percent unionized in the airline industry was
very helpful because we had the power to make them sit down
with us last March. They had to agree with us before they could
come to you for a bailout, and it was truly workers first. It
required that it only go to the workers. And on top of that, we
capped their pay and banned stock buybacks. So this was the
first ever workers first program that also puts these
executives in check, and thank you so much for supporting that.
Mr. Burchett. Yes, ma'am. And, also, from the trucking
industry, I know Pilot Oil is headquartered in Knoxville,
Tennessee, and they are all over the country, I guess, the
largest diesel fuel movers in the country, and I will bring
that up with them about the vaccinations. Mr. Haslam is a great
citizen of our community, and I will bring that up with him. I
spoke with him earlier today. I will speak with him later today
and to bring that up with him as maybe a suggestion, so thank
y'all.
Mr. Chairman, thank you again, brother, and I yield back
the 18 seconds remaining of my time.
Mr. DeFazio. I thank the gentleman.
Is Representative Wilson back? Nope.
OK. Representative Lynch.
Mr. Lynch. Thank you, Mr. Chairman.
I want to thank all the witnesses.
So, together with Congresswoman Pressley, we represent the
Port of Boston, and we represent Logan Airport. So President
Nelson, we appreciate your remarks on the airline industry.
And, also, Mr. Buscaino, we appreciate your concern about the
port, the maritime ports, and I associate myself with Mr.
Lowenthal's remarks.
The way that the Trump administration configured this COVID
response was really that each State could sort of do their own
thing, and that, in my opinion, has not been helpful. In my own
State, for instance, on the list for vaccines, some people are
in, some people are out. So we are going through a process
right now where the postal workers who visit every home in
America and business in America 6 days a week, they are not
being vaccinated. They are not priority, and yet other workers
are.
So I was just wondering if there is something we could do,
especially with Chairman DeFazio, to just unify the response
here in a way that addresses the airline industry and the ports
that are more global in nature? And is there a way that we
might be able to send a message to these States, all 50 of
them, that people in the transportation industry should be
covered because of the nature of the risk that they face. Just
like we are fighting this fight on behalf of the postal
workers, is there a way that we do a resolution that would send
a message to these Governors that we recognize the special
vulnerability and the special role that our transportation
workers embrace each and every day. So I am not sure if any of
our witnesses would like to expound on that or share their own
thoughts, but I would appreciate it. Thank you.
Mr. Rivera. If I may, Ismael Rivera from Orlando. With that
being said, we were asking by providing $39.3 billion for the
transit preservation and service of PPE and quickly try to
implement all essential workers to include bus operators to get
the vaccine. But just like you stated, we deal with passengers
coming on a bus every day, all day long, and they too, like
postal workers, take things back home and visit every household
in America, and they could possibly pass it on. So that would
be my recommendation.
Mr. Lynch. Thank you, Ismael.
Mr. Buscaino. If I may, Joe Buscaino here. From the east
coast to the west coast, when we talk about the supply chain,
the goods moving that comes through the Port of Los Angeles and
Long Beach, they hit every congressional district. So common
guidance moving forward from the Federal Government would be
helpful on protections for vaccines and transportation workers.
It is a global supply chain that goes across all State lines.
That will be very helpful.
I would also recognize my colleague, Congress Member
Lowenthal. I would take a page out of his playbook, and my
Congress Member, Nanette Barragan, to motivate and encourage
the Federal Government to prioritize the vaccinations for
maritime frontline workers. Thank you.
Mr. Michaels. Congressman, if I could add to that as well.
In addition to obviously giving the States and local
communities more funding to do this vaccination because they
are desperately underfunded, I think we have to recognize that
workers involved in interstate or global transportation and
commerce don't necessarily stay in one location for very long.
And saying to Massachusetts, for example, that every seafarer
who stops in the Port of Boston should be vaccinated based on
Massachusetts' allocation may not be just. And so I think that
you have heard from several of us is there probably needs to be
a special overall program in ports and airports and other
places that reaches out and vaccinates transportation workers
in an efficient way in the limited time they are in that port
or in that hub to get them vaccinated. And that is probably--
that vaccination allocation has to be taken off the top and
used by the Federal Government.
Ms. Nelson. I will just add on to that very quickly, and
thank you so much, Congressman Lynch, for your support on this.
But there are flight attendants who have finally gotten their
date to go get their vaccine. It happens to be the date that
they are working, and there is no way to get off work, so they
have to let that time pass by. So the Federal plan would be
better, but we also appreciate your efforts with the States to
get them to prioritize that. That is all helpful.
Mr. DeFazio. The time has run out. Thank you, Congressman
Lynch.
Mr. Lynch. Thank you, Mr. Chairman. Thank you.
Mr. DeFazio. Next on the list is Congress Member Guest.
Mr. Guest. Thank you, Mr. Chairman.
Mr. Pugh, in my home State of Mississippi, the trucking
industry is extremely important to our local economy where 1 in
12 jobs is directly linked to the trucking industry. We have
over 5,800 trucking companies, primarily small, locally owned
and operated businesses. Those businesses were among those
unable to access PPP and other resources that you described in
your testimony.
In your testimony, you discussed the limited amount of PPEs
and the necessary resources your industry was afforded during
the early stages of the pandemic as haulers across our country
carried the needed supplies to frontline workers who themselves
were left without. You also mentioned the challenge your
industry now faces with access to testing and vaccine. On pages
8 and 9 of your testimony, you say ``truckers face distinct
challenges when it comes to accessing testing for COVID-19.
Most of the time, our members are out on the road, away from
home, often for hundreds of nights a year. It is not easy for
them to drop into their doctor's office for a COVID test if
they are feeling sick . . . Similarly, truckers are now
concerned about how they will access vaccinations while
continuing to work. For professional drivers, who often spend
several consecutive weeks or even months on the road to make
ends meet, accessing vaccinations can be logistically difficult
and economically disruptive. Few truckers know precisely where
they will be from week to week.''
Mr. Pugh, I would ask you if you could, one, expand on
these issues that you talk about in your testimony and then
also answer for me how we, as the Federal Government, can help
smaller trucking companies best address getting vaccines out to
our constantly moving haulers.
Mr. Pugh. Yes, thank you for your question. Yes, that is
correct. Trucking is probably one of the, if not the most,
transit profession there is. Guys not only don't know where
they will be week to week; they don't know where they will be
sometimes day from day. Truckers are around different people at
different times. A lot of times you don't even know who you are
around.
So that is why in the early stages of this would have
been--it was so important for truckers to be able to get this
PPE so they don't spread because by the time they did find out
they had it, they might have been five States away 3 days ago,
and who knows how many paths they crossed then. And there is no
way to even figure that out.
The other big issue in the early stages of this was if a
trucker did get COVID, one, like you said, it was very hard for
them to get tested; two, and if he did test positive, what did
he do? I mean, are we going to trap a guy in a truck for 2
weeks to make him quarantine where there is no food, maybe no
restroom, no nothing? You can't do that. It is impossible. And
maybe he is too sick to drive home.
So these are things that we have to think about federally
because I don't think as States--we have this patchwork of
States all over. Going forward, like I said earlier, we need to
work with, whether it is truckstop chains, with the States'
rest areas, transportation, or whatever, to set up places where
drivers can stop and get these vaccinations that they need to
be safe, to be healthy. Like I said, truckers can't just stop
anywhere. This Johnson & Johnson vaccine would be great.
And one thing I would like to remind people, I am not
saying a trucker is a frontline worker, but they are right
there behind the frontline workers, supplying them with all the
things that they need. So truckers don't stop. So they should
be moved, elevated up to be right behind these frontline
workers to get this vaccination.
Mr. Guest. Thank you. And Mr. Pugh and Mr. Chairman, I
yield back.
Mr. Stanton [presiding]. Thank you very much, Congress
Member Guest.
I am the next person to ask questions, and I want to
address my questions to President Sara Nelson. President
Nelson, you gave some very powerful testimony at the very
beginning of today's hearing, and I didn't want to lose sight
of that.
You told the important and tragic story of a flight
attendant who, because of furloughs as a result of the lapsing
of the PSP program, because of furloughs, she didn't get
furloughed, but she had to work extra, and she had to move her
base of operations from Phoenix, Arizona, which is in my
district--I am the former mayor of Phoenix--to Philadelphia.
And so she had to spend a lot more time on planes, putting
herself at risk.
And, tragically, as you mentioned, she died from COVID last
week. So, first, on behalf of myself and all members of this
committee, please pass on our deepest sympathies and
condolences to the family of that hero, that flight attendant
that passed away because of COVID.
But I wanted you to maybe talk a little bit more about
that, because we think of the PSP program as a program to help
the American economy, to help American workers. It is
particularly critically important American industry, the
airline industry. We think of it as a way to--it affects so
many employees, and we want to support those employees to the
best of our ability.
But you brought up another angle on it that many of us
don't think about--frankly I hadn't thought about enough--and
that is, if we let this lapse again, not only are many
employees going to lose their jobs and be furloughed, but many
will be put in positions of greater risk to their own safety,
and maybe you could just take it from there and expound upon
that, how the support for the PSP program is not just about the
economy, but it is about people's health as well. President
Nelson?
Ms. Nelson. Yes. I really appreciate that. You got me a
little choked up too. This is very hard. Because when you get
into a time of cost-cutting--and we had the lapse in the
Payroll Support Program starting October 1st--we saw a great
turn to cost-cutting so that the airlines can try to cut as
many costs because they are still losing--major airlines are
still losing $30 million a day. So what that does is it puts
stress and strain on the workers on the front lines, and you
see that through all kinds of public health decisions that have
that cost-cutting strain.
And then you have business decisions, like the one in
Phoenix, to downsize the base because there wasn't enough
demand there, and that pushes workers out to other stations.
You also have situations where the furloughs cause a ripple
effect across the workforce, and in order to keep a job, it
means moving your family several States away, or commuting more
because you can't take your kids out of school or move them
away from their communities or from your family base that makes
everything work because you have got parents or aunts or uncles
who help out.
So this, absolutely, the stress and strain of not having
the payroll support for the workers who remain on the job puts
their health at greater risk and makes them have to actually
shoulder a greater burden of cost when they have to make these
decisions to move to other States to keep their job. So there
is a ripple effect that hurts the entire workforce and puts
them at greater risk for their personal health and what they
bring home to their families.
Mr. Stanton. Well, we owe you a debt of gratitude for
bringing tragic stories like that to the American people's
attention, because we need to continue to build support for
PSP, and your particular involvement, your leadership, I think,
has helped build confidence, on both sides of the aisle, that
support for that critically important program is essential, not
just for the American economy but for the safety of the
workforce involved.
And we know that the current round will end soon. American
Airlines has already announced they are looking at furloughs
shortly after it would lapse. And so we look forward to working
closely with you to make sure that we continue to ensure that
this industry stays strong, but more importantly, the people
who work in the industry stay safe.
Ms. Nelson. Thank you. And I just want to add one other
point----
Mr. Stanton. Please.
Ms. Nelson [continuing]. On that because it will lapse on
March 31st, but airlines schedule 2 months in advance. So the
uncertainty is beginning now. The mental health strain and
stress on the workers who don't know what this is going to mean
for them if Congress doesn't act soon to extend this, they are
feeling that right now. They are feeling that uncertainty right
now, and we have an increase in mental health issues and calls
to our EAP, and we have people who have taken their lives.
So the extent to which this affects people on the front
lines and the timing of getting this in place right now is so
critically important for health, not just with COVID but for
every other reason as well.
Mr. Stanton. All right. Thank you, President Nelson, for
that clarion call, critically important.
I will yield back the rest of my time and now go to
Congress Member Van Drew.
Mr. Van Drew. Thank you, Chairman. I am honored to join all
of you today on this House Committee on Transportation and
Infrastructure, and I look forward to working with you. I did
want to mention before I start some other points how much I
feel for the small trucking companies. These are men and women
who work so hard, day in, day out, breaking their back,
transporting the goods and services and everything we need
across this country.
Without them, we would be nowhere, and they need to be
lauded sometimes and thanked for what they do. They may not be
considered a frontline worker, but they are darn close to it,
and the challenges they have aren't only COVID. They have
challenges, health challenges, life challenges, in the kind of
work that they do and the kind of existence they have to have.
So I am proud to know some of them, and I am proud of what they
do.
South Jersey, where I am from, has a tremendous need for
infrastructure improvements--from roads, bridges, airports, to
coastal resilience projects. My district is also home to the
William J. Hughes FAA Technical Center and the U.S. Coast
Guard's Training Center, Cape May, the accession point for all
enlisted--all enlisted--that are going into the Coast Guard.
Both facilities are authorized through this committee.
I look forward to working with my colleagues to modernize
the infrastructure of south Jersey and the United States, both
for the FAA and the Coast Guard.
For this hearing, I wanted to specifically focus on how
COVID affects air travel. COVID presents safety concerns for
both passengers and air travel workers and threatens tens of
thousands of good jobs and lifestyles. The solution to this
problem is to embrace the American spirit of innovation and
adapt to change.
So I want to take this opportunity to advocate for my own
legislation, the Health Smart Air Travel Act. My bill creates a
program to develop and standardize technologies to mitigate
COVID in airports and passenger aircraft.
This bill has broad industry support, including Airlines
for America, the Coalition of Airline Pilots Associations, the
National Air Carrier Association, the Aerospace Industries
Association, Airports Council International, and U.S. Travel
Association.
The Health Smart Travel Act is bold. It is innovative. It
is active. Our country needs to adapt and to overcome COVID. It
will create a safer air travel environment for workers and for
passengers across the United States, and I sure hope this
committee takes it under very serious consideration.
I direct my questions to Ms. Nelson and Dr. Bahnfleth, and
I think I know the answers, but I would like to hear them
again.
Does COVID itself create a need to adapt a new novel,
different air travel infrastructure with new technology?
Ms. Nelson. Congressman, I will just say yes, and it
requires innovation from this country. We have led on aviation
around the world since its inception, and we look forward to
working with you to make sure that anything that is put in
place takes into consideration how it will affect the
workforce.
Mr. Van Drew. And I appreciate your support for the bill as
well.
Ms. Nelson. Thank you.
Mr. Bahnfleth. Yeah. Thank you, Congressman.
I absolutely support the need for innovation, but at the
same time, noting that there is a lot of existing technology
that isn't utilized yet and also that air travel safety starts
on the ground. And so it is ground facilities, it is the
planes, it is the transportation that gets you to the airport.
So I think we really need to look at this comprehensively.
Mr. Van Drew. Thank you. Should the Federal Government work
with stakeholders to stimulate the development and
implementation of such technologies and identify best practices
to set national standards? And the reason I ask these
questions, because--and it was just alluded to a moment ago by
Ms. Nelson--America is--she didn't quite say it this way, but I
am going to say it this way--America has always been number
one. We are number one in everything, we should be number one
in everything. We need to be number one with this, and we
really need to go forward and remedy this situation.
And it is complicated. It is complicated when people are
waiting to board an aircraft. It is complicated in the
aircraft. It is a situation that I don't have to tell any of
you doesn't lend itself easily to a cure. But I ask real
quickly, do you think we should work together to identify best
practices to set national standards?
Mr. Stanton. All right. We are out of time. That is a yes
or no question.
Ms. Nelson. Yes.
Mr. Stanton. Yes, all right, thank you very much.
Mr. Van Drew. And if I could have the response for the
record, I would appreciate it.
Mr. Stanton. Thank you very much, Congress Member.
The next will be Congress Member Wilson.
Ms. Wilson. Thank you so much, Mr. Chair, thank you so
much, and thank you to our witnesses for your testimonies
today. It is imperative to me that we recognize and thank
transportation workers across our country, across the Nation.
In the face of a devastating pandemic, they have been at the
forefront of efforts to keep our economy going, and we thank
them.
Congress must ensure that our transportation workers are
empowered to safely perform their duties. So I am committed to
working with my colleagues on both sides of the aisle to
achieve this goal. With that, I will begin my questions.
Mr. Rivera and Ms. Nelson, I want to personally commend you
and your fellow transportation workers for their service during
this devastating pandemic. In your testimonies, you highlighted
the dangers that transportation workers face enforcing mask
mandates, including physical violence and verbal altercations.
This has been apparent in my own community when a Miami-Dade
busdriver was spat on by a passenger.
It is impossible to effectively manage this pandemic if
workers feel unsafe enforcing COVID protocols. From your
viewpoint--and I am speaking to both of you--what steps should
be taken by Congress and other Government entities so that
transportation workers feel empowered to enforce safety
protocols?
Mr. Rivera. Well, thank you for that question. And you are
correct, that did happen in Miami. I was aware of that as well.
We would say that here in Orlando--I can only speak for Orlando
and other ATU agencies that I am aware of--we need the
resources so that they can support us like in the airlines
before, make constant announcements over and over. And not only
that, but implement even at the local level. I can give an
example. Speaking to an officer here in Orlando, he stated that
before he can enforce and arrest anybody for not wearing a
mask, he would turn in his badge.
I tend to disagree. So, if certain individuals can't do
their job and help us implement it, then we have a lot on our
hands. So I would say, give us all the resources, including law
enforcement, to go out there and hope that they implement and
strictly enforce these to make our job a lot easier. Thank you.
Ms. Nelson. Absolutely. I want to echo that. And we need to
make sure that when we are calling when we have problems, that
law enforcement is responding, but we can start with directives
from the FAA, from DOT, for signage everywhere, for
announcements in the airports. After 9/11, we had Janet Reno
saying over and over again in the airports, if you see
something, say something. And everyone got the word.
So we need to have that coming from leadership, and we are
so glad that we have this leadership now from President Biden,
from Administrator Dickson, and now from Secretary Buttigieg.
But we also need to have this echoed in our airports and very
clear for everyone everywhere, and then instructions to law
enforcement that they must take this seriously too and conclude
the chain, so that people know that there are severe
consequences if they are interfering with the workers' ability
to do our jobs to keep everyone safe, and certainly if they are
committing physical violence, that needs to have harsh
repercussions.
Ms. Wilson. Thank you. And Janet Reno is from Miami too, so
thank you. Acknowledgment.
Ms. Nelson. Celebrate Miami.
Ms. Wilson. Would you both support legislation that would
expand or strengthen OSHA's role in protecting transportation
workers from hazards like COVID-19 or workplace violence?
Ms. Nelson. Let me just say yes.
Mr. Rivera. Yes.
Ms. Wilson. OK. Mr. Michaels, as you noted in your remarks,
an infection plan cannot be imposed by fiat. It must be
continuously evaluated with the input and collaboration of the
workers. If not, the plan is less likely to succeed.
In my opening statement, I highlighted the importance of
transportation workers feeling empowered to effectively perform
their duties. Please highlight some examples of the
implementation of an effective infection plan, either at the
State and local levels or internationally with workers' buy-in
that Congress should use as a model?
Mr. Michaels. Congresswoman Wilson, you made a very
important point, and there are plenty of examples around the
country of unions that have gotten together with their
employers and worked out a plan so that we are all in this
together, we are going to make sure that they work. And I can--
you know, I can send some of those examples in.
I know we don't have that much time, but I wanted to also
return to your last point, that, you know, the reason I think
OSHA needs to play a larger role in this happening is that the
transportation safety agencies--Federal Motor Carrier Safety
Administration, Federal Railroad Administration, et cetera--
don't really have the ability to either regulate or enforce
these protections against COVID-19.
The FAA has limited ones, and they actually agreed to let
OSHA take those on, that President Nelson talked about a few
minutes ago in terms of the protections from blood-borne
pathogens and dealing with Ebola. So I think what this
committee needs to do is really encourage those agencies to
think about how they can issue regulations and enforce them
jointly with OSHA, which has a great deal more authority in
this area.
Ms. Wilson. OK. Thank you so much.
Mr. Buscaino--I hope I pronounced your name correctly.
Mr. Buscaino. Buscaino. Buscaino, ma'am. Now you are half
Italian. See that. Fantastic.
Ms. Wilson. Thank you for your testimony----
Mr. Buscaino. Yes, ma'am.
Ms. Wilson [continuing]. Highlighting the challenges that
cities face as the first line of defense in dealing with the
pandemic. There is a balance that cities find between----
Mr. DeFazio [presiding]. Excuse me.
Ms. Wilson [continuing]. Protecting essential workers and
sustaining their economies. In my district, the Port of Miami
is an important economic driver for south Florida. And its most
effective measures, in addition to other safety [inaudible] we
need to vaccinate port workers, busdrivers, flight attendants,
essential transit----
Mr. DeFazio. I am trying. The gentlelady is way over her
time. Thank you.
Ms. Wilson. OK. Thank you.
Mr. DeFazio. Thank you.
Ms. Wilson. I yield back.
Mr. Buscaino. Congress Member, we would be more than happy
to answer questions offline.
Ms. Wilson. Thank you.
Mr. Buscaino. You are welcome, ma'am.
Mr. DeFazio. Representative Steel?
Mrs. Steel. Thank you very much. Chairman DeFazio, Ranking
Member Graves, and members of the committee, it is an honor to
serve with you on the Transportation and Infrastructure
Committee. I look forward to working with you to ensure that
our constituents have a reliable mode of transportation and
modern infrastructure and both safe and clean waterways.
As a former chairwoman of the Orange County Board of
Supervisors--by the way, we have 3.2 million residents living
in Orange County--I helped manage our local freeways, buses,
and wastewater infrastructure. During the height of COVID-19, I
worked with State and local officials to make sure that our
communities and transit systems had the resources they needed
to keep people safe and healthy, like hand sanitizers on public
transit.
I also know how important it is during these uncertain
times to support small businesses in preventing further
increases to unemployment.
I have a unique point of view on this committee as I come
from a background dealing with the pandemic and transportation
issues on a local level, and I am excited to keep this dialogue
going.
I just have one question for Mr. Pugh. You mentioned in
your testimony that Congress could temporarily suspend the
Federal diesel tax. What would happen to the trucking industry
during the pandemic if Congress increased the Federal diesel
tax, and how would that affect distributing items to our local
community, that local community has been suffering so much for
almost a year now?
Mr. Pugh. Yes, ma'am. We would like to see the diesel tax
cut during this. When the rates dropped and everything
happened, we recommended a temporary doing away with that for
the time so that we gave truckers a break. OOIDA, I mean, as
far as supporting an increase in diesel tax, has always been in
favor of that when it is needed because that is the fairest,
most equitable way to fund for highways.
We understand that the Highway Trust Fund is going broke,
and the money has to be increased, and, you know, we would like
to see it via fuel tax, not via some of these other things that
we see, such as tolling, the VMTs, and some other issues like
that.
Again, fuel tax is already set up. It works. It is
collected at the pumps. So it is a very good system, and it is
fair and equitable. If it was to be increased either here after
COVID is dying off or in the future, the only thing we ask,
that it is raised fair and equitably between diesel and
gasoline.
Mrs. Steel. On a separate note, which States besides
Missouri denied truckers to eat hot meals at the rest stop? Is
this still an ongoing issue?
Mr. Pugh. Yes, it is still a current issue. I would venture
to say there is probably more States than less that didn't
allow this. I can have my staff--I don't know the exact number
of States, but I can have my staff follow up with you on this
and this issue and some of our concerns with that. But I mean,
we were pretty much told by DOT here in Missouri that they were
not going to allow this, and those are due to--because
truckstops don't want this to happen.
Mrs. Steel. Thank you very much.
Thank you, Mr. Chairman.
Mr. DeFazio. I thank the gentlelady.
Representative Garcia?
Mr. Garcia of Illinois. Thank you, Mr. Chairman. Staying
true to your suggestion, I will skip the opening remarks.
Mr. Rivera and Ms. Nelson, given the job responsibilities
that you already have, is it reasonable to ask you and other
frontline workers to also enforce the mask mandate? And what
additional resources are needed to ensure that passengers and
workers are safe in our transit systems?
Mr. Rivera. Well, good afternoon, Mr. Congressman. I would
say, my recommendation would give the resources so that we have
those officers or additional, perhaps, supervisors who can
ride, you know, we have a big great area, have more supervision
on routes so that when we call dispatch, and we have some
confrontation or any issues on the buses, that, you know, the
company is always coming back and saying, it is due to lack of
funding.
So--but it puts us in the front line, and again, we are not
the police officers. I have to look at my surroundings. I have
to look at my rearview mirror to see if customers have their
masks on. And it just gets a little stressful driving that bus
down the road.
So giving the resources to the authorities so that they can
implement and perhaps get more involved in supervision, police,
whatever they need to be doing to enforce this mandate.
Ms. Nelson. We find that any new policies are best met when
people understand clearly what is expected of them and what the
consequences are if they don't comply. So, as we step this up
and we have law enforcement responding, that is very helpful,
but we always say in aviation that the best way to keep us safe
and secure is to keep problems on the ground.
So it is very important to have clear signage in the
airports, communications to passengers when they start at the
ticket-buying process, and then communications all the way
through their travel experience, right up to the airplane door.
That would include also the consequences for not complying with
that.
When we have all of that backing and then we have, on the
back end, a response from law enforcement that is very swift
and sure, people get the message, and people get the message
and it helps deter any issues where we are caught in the middle
of trying to enforce this on board without any backing. So
thank you very much for the question and the backing.
Mr. Garcia of Illinois. Thank you, Ms. Nelson.
Dr. Michaels, on vaccines, there have been a lot of
different approaches across the country to getting frontline
workers vaccinated against COVID. I know that many of the
transportation workers in my district are worried about getting
COVID at work and then bringing it home to their families,
which is why I am glad to see the CDC has recommended that
transportation workers be among the first people to access the
vaccine everywhere, putting transit workers at the same level
as grocery store and teachers.
Everyone on this committee understands a decision without a
healthy transportation workforce, we will never get out of this
pandemic.
Dr. Michaels, can you please speak to the reasoning behind
the CDC's decision to prioritize transportation workers and the
need to ensure that frontline workers are among the first
people vaccinated, briefly?
Mr. Michaels. Congressman, that is a really important
question. The CDC, as well as several other organizations--the
National Academy of Sciences--have all said frontline workers
need to be prioritized because, first of all, they are the ones
who need to go outside to get to work. They can't stay at home,
like some of us, and do their work on Zoom.
They are at much greater risk of exposure. They can then
expose others. They can bring the disease home to their
families and to their communities. Many of them live in
multigenerational homes and, therefore, exposing older people
who are at great risk.
The challenge we have right now is the States--many States
haven't figured out how to do this. States have said, well, we
are prioritizing grocery store workers, transportation workers,
but they still have to line up the same way, which means they
have got to be able to get on the computer systems or phone
systems to get into appointments. They have got to get, as you
heard from President Nelson, time off to get the appointments.
They have to be fast typists. If you go on these programs
when there are limited times they are open, if you are not
there at the right time getting the information in quickly, you
are just shut out.
So I think what needs to happen is States have to step in
and say, it is not just that we are saying these workers--meat-
packing workers, farm workers, grocery store workers,
transportation workers, busdrivers--it is not just that they
are in the front of the line, but we have to go and find them.
We have to make sure we get the vaccine to them where they are,
maybe at work, and then we should involve their employers and
their unions, or in their communities.
Because right now, it is not working. You know, the people
who can get vaccines are White, middle-class, upper-class
people who know how to work the computer system. And this is a
real problem.
Mr. Garcia of Illinois. Thank you, Dr. Michaels.
Mr. Chairman, I was going to ask another question about
insurance and trucking, but I have run out of time. I yield
back.
Mr. DeFazio. I am sorry. The gentleman's time has expired.
Representative Pappas?
OK. He may not be on right now.
Representative Lamb?
Not on?
Representative Bordeaux?
Representative Kahele? Turn on your mic. There you go.
Mr. Kahele. All right, show time. Thank you, Chair, and it
is an honor to be on the Transportation and Infrastructure
Committee and to join you in the 117th Congress.
You know, we started off this hearing and this hearing room
was pretty full, and I can see now why seniority has its
privileges. And, you know, I have decided to sit here through
almost 3 hours of this hearing because I not only sit here
representing the Second Congressional District in Hawaii, but I
also sit here representing 810 Hawaiian Airlines employees who
all received warning involuntary furlough notices just a few
days ago, of which 647 flight attendants and their families and
99 pilots and their families both received those same
involuntary notices. American Airlines will be issuing 13,000
involuntary furlough notices beginning tomorrow. And so this is
something that I am deeply concerned about.
My question is for Sara Nelson of the Association of Flight
Attendants, and I mahalo her for being here today and for
selecting her choice of background, and reminding the Nation
that COVID-19 is a deadly pandemic that has taken over 400,000
lives, of which is Mr. Paul Frishkorn, the first flight
attendant in the Nation to die from COVID. And we send our
thoughts and prayers to his family.
My question is in regard to the Payroll Support Program
because although we have discussed a lot of things today, this
is what is most urgently on my mind. In 55 days, on the 1st of
April, thousands of airline employees across this Nation will
lose their jobs, will be involuntarily furloughed.
We saw how the country and the Congress supported the
airline industry with $25 billion last March, and the result of
not extending the PSP past the 1st of October resulted in
32,000 of those airline employees being furloughed.
Congress in the 116th Congress appropriated $15 billion but
not until December, and that PSP will expire on the 31st of
March, in 55 days. So my question is for Ms. Nelson. The number
we have come up with is something that is being debated here in
Congress, and there are colleagues of mine that do not want to
extend up to $15 billion of PSP to the airline industry.
So my question is, what would be the ramifications of not
meeting that number of $15 billion? How did the industry come
up with that number, and how important is it for Congress to
extend that $15 billion PSP in this next package and do it as
quickly as possible?
Because, like you said, thousands of families and pilots
and airline workers and frontline workers are experiencing
anxiety and all the stress that they have as they await this
potential involuntary furlough notice. So we need to avoid
that. We need to act with a sense of urgency, and we need to
get this done before the 31st of March. So I ask my question to
Ms. Nelson.
Ms. Nelson. Representative Kahele, first of all, welcome,
congratulations. So glad that you are on the Transportation and
Infrastructure Committee and the Aviation Subcommittee with
your expertise.
It is urgent that we get this done, and it is urgent that
we get this done before March 1st because people are going to
be making life-changing decisions based on whether or not they
have a job and whether or not there are furloughs, because
there is a ripple effect for the people who are still at work
trying to make ends meet, having to move to other locations to
keep their job and the like.
And the furlough numbers only start to tell the harm. It is
also unpaid leaves that are forced on people to keep their
healthcare.
But what is also the ramification, the ramification is that
Congress has to come up with more funds to support these
workers. Because the Payroll Support Program pays a portion of
the payroll. It is down from the $25 billion for 6 months that
we had in March. We are talking about now $15 billion to
continue that funding--or actually $14 billion because $1
billion is for the contractors, for 6 months this time.
And if we don't supply this support for these workers, what
we are going to do is push them to the unemployment lines. Then
we will be talking about trying to provide support for COBRA
benefits, and we are going to be talking about the problems
that this creates because we have lost that tax revenue for our
cities and our locals, and that is going to have a ramification
for our jobs in sanitation and education and postal workers and
everything else.
So then we are going to have to try to make up for the lost
contributions to Social Security and the strain that that will
put. This program has to continue for the people that this
directly affects and the stress and strain that they are under
right now, and the transportation system that we count on and
the infrastructure that remains in place when we have this
program.
But we also need to do this because if we don't do this, we
are going to have a bigger bill for Americans to pay later.
This is the best use of Americans' tax dollars to keep these
people in their jobs with continued benefits, and it is the
only workers first program in all of COVID relief.
Mr. Kahele. Thank you, Chair.
Mr. DeFazio. I thank the lady and the gentleman.
Ms. Nelson. Mahalo.
Mr. DeFazio. There was just a little blurb on Reuters.
Apparently, the White House Press Secretary enumerated the
overarching priorities of President Biden in terms of COVID
relief package. She was not detailed. And no one should take--
you know, Congress is an independent entity. So we are going to
accomplish his goals and some of our own.
And for some reason, the Reuters reporter, David
Shepardson, if he is listening, I have not endorsed. I have
been very vocal on the need for an extension of PSP, as well as
aid to transit, as well as aid to private bus companies, as
well as aid to the airports, as well as aid to contractors, as
well as aid to concessionaires at airports except for the
national chains. So, with that, I have clarified the record. We
will move on.
Representative Strickland?
Nope. You are on, we can see you, but we are not hearing
you. Hello? Unmute. Unmute.
OK. We will come back to her.
Representative Strickland, you are muted. Muted.
Well, you are having an audio problem then, so we will move
on.
Representative Malinowski?
We will move on to Representative----
Ms. Strickland. Am I muted now?
Mr. DeFazio. OK. Start over, start the clock over. You were
not audible. Thank you.
Ms. Strickland. Sorry about that. Hi, this is
Representative Strickland, representing Washington State's 10th
Congressional District. Thank you, Chair DeFazio and Ranking
Member Graves, for allowing me to be here today.
And as a former mayor and a former board member of two
regional transportation organizations, I know how vital
transportation is to our economy, and I know that these
transportation agencies don't work without the dedicated
employees. And we must make sure that they are protected during
and after this pandemic.
So I will talk about three things today--the need for local
funding, equity, and what we can do with a national mandate.
So I would like to start directly with Council Member
Buscaino, who is a city council member. Could you please talk
about how direct assistance and 100 percent----
Mr. DeFazio. Can you hear me? Hello? Keep going. Keep
going.
Ms. Strickland. OK. So this is for the council member.
Could you please tell us how direct assistance to cities and
100 percent FEMA cost-sharing will affect essential workers in
your community and across the country?
Mr. Buscaino. Thank you, Congress Member. I speak on
behalf, of course, of the National League of Cities, and one of
your mayors, Mayor Victoria Woodards, is one of our officers, a
second vice president, representing Tacoma. And I appreciate
the question.
We are ecstatic and pleased as cities, towns, and villages
to have that 100 percent reimbursement from FEMA. If we didn't,
cities would be faced with furloughing of the cities' essential
workers, such as sanitation workers, public works workers,
those who pave our streets and patch our potholes.
For us, knowing that we would get that reimbursement, we
would avoid 6 months' worth of layoffs and furloughs. And keep
in mind, cities, towns, and villages, we don't print money. We
are forced to balance budgets every single fiscal year, and
that is, you know, what we need to do moving forward.
Without a COVID relief package, we are going to be dipping
into reserves that we already have been, and cities, towns, and
villages already aren't seeing the revenue streams coming in.
We heavily rely on tourism and trade, particularly here in the
southern California region. Both tourism and trade equate to
one in nine jobs.
And when we can't get the ships unloaded quick enough, when
we are not--it poses an economic issue. When we are not filling
our hotel rooms, that poses an economic issue for cities,
towns, and villages, because we can't move on our transit
occupancy tax, or TOT tax. So then we are forced to turn to
layoffs and/or furloughing our most city-essential workers like
police, fire, sanitation.
Ms. Strickland. Well, thank you very much.
I now want to switch to the conversation about equity, and
I want to make clear that the virus is ravaging marginalized
communities and disproportionately affecting communities of
color. And according to findings by the Urban Institute, more
than half of all Black, Native American, and Latino workers
have essential or nonessential jobs that have to be done in
person, and they often have to use public transit to get there.
There is a separate finding that also says that one in six
Asian-American workers fear receiving substandard healthcare
because of their race if they become seriously ill.
So for both Dr. Michaels and the council member and anyone
else who wants to answer, what safeguards do you recommend we
put in place to protect workers of color in underserved
communities? Thank you.
Mr. Buscaino. Well, I feel we need to pay them more. The
Heroes Pay that you are seeing cities advance, that $4 more an
hour, for at least 160 days, they are clearly essential
workers. And I say those who are on the front lines, those
people of color who are doing--factory workers, janitors who
are cleaning our hospitals, even more so our grocery workers--
they need to be paid more.
In addition, we are seeing inequities in the vaccine
deployment. A recent New York Times article proved that there
are more affluent communities in Los Angeles County who are
getting vaccinated at a higher rate than communities of color.
This is why we have partnered with our counties as well as the
Federal Government to now expand our vaccination sites in
disadvantaged communities, and we are proud of that. And this
is what cities are thirsting for and demanding in every part of
the country.
Mr. Michaels. And I would add, beyond vaccinations, what is
badly needed is a very strong workplace safety standard put out
by OSHA, but I don't think it should just be the one that OSHA
may be working on now. Congress needs to pass a law--and that
was something that the House passed in the last session, needs
to revisit--to expand it.
OSHA doesn't cover all workers. There are millions of
public sector workers in much of the country, not Washington
State but much of the country, who have no OSHA coverage. And
transportation workers also are in sort of OSHA-free zones.
So Congress needs to essentially pass a law requiring the
Federal Government to issue strong enforceable standards to
cover all workers.
Ms. Strickland. Thank you.
Mr. Buscaino. Can I recognize, Mr. Chairman? I do want to
recognize this committee who is--we have a number of former
local elected officials like Congress Member Strickland and
others. You understand where we are coming from, and local
leaders make great national leaders, for the record. Thank you.
Ms. Strickland. Thank you.
Ms. Newman [presiding]. Well, thank you all for your
remarks today. Much appreciated your--all of the witnesses have
been incredibly articulate.
I now recognize myself, Congresswoman Marie Newman, for 5
minutes.
So today little bit of a long day, so I have a couple of
comments and then a very easy question for our witnesses. And I
would agree with all of our witnesses truly on safety issues,
safe parking for trucks, safety on buses, safety of our
workers, furloughs issues, and credentials issues, air quality,
and our cost issues and our economy. I am largely in agreement
with all of you.
And interestingly--because I have done my monthly round of
calls with ATU and CWA, all of our Federal and local
transportation agencies, as well as some of our private
employer partners, so very familiar--interestingly, just in the
last week with all of these issues, including safe parking for
independent truckers.
So, at the end of the day, I just have one question for all
six of our witnesses. So, in addition to all of the, I would
say, proactive, reactive, and remedy ideas that you have shared
today, which I largely agree with, would you also agree that at
the root of all this, in addition to what you have said, is
getting vaccinations to as many people as we can, as quickly as
we can, and, therefore, supporting our cities, counties, and
States, critically important? And then I will just ask all of
you to say yes or no. So I will let the witnesses speak. We
will start with Ms. Nelson.
Ms. Nelson. Yes. The problem is the pandemic. We've got to
get rid of it.
Ms. Newman. Thank you. And then now go to Mr. Pugh.
Mr. Pugh. Yes. We have to be able to take care of these
people and get them the vaccines they need to get rid of the
pandemic.
Ms. Newman. Thank you, sir. And then Mr. Rivera?
Mr. Rivera. Yes. We need the vaccines as quickly as
possible, and we are easy to locate. Thank you.
Ms. Newman. Great. Thank you. And Professor?
Mr. Michaels. Yes. We need to make sure that the cities and
States and counties have enough funding and support to get
these vaccines out to the people who need them most.
Ms. Newman. Great. And then I believe it is Councilman
Buscaino.
Mr. Buscaino. Yes, ma'am. Vaccines, as soon as possible,
let's deploy. We stand ready as cities, towns, and villages,
yes, ma'am.
Ms. Newman. So let's just be on record that largely all of
these incredibly knowledgeable witnesses and this body writ
large agrees that the most important thing is to get money to
cities, towns, States, and counties so that we can distribute
this vaccine more widely.
And those are my comments for today, and I am going to go
to recognizing Mr. Payne for 5 minutes.
Mr. Payne. Thank you, Madam Chair.
Professor Michaels, a permanent national vaccine
distribution program depends on the central transportation
workers remaining healthy and being able to conduct their jobs
safely.
While I am pleased to see the Biden administration take
steps to protect workers with transportation mask mandates,
what other actions could be done to protect the health and
safety of vaccine distribution personnel?
Mr. Michaels. Thank you for that question, Congressman
Payne. You know, it is the same issues that need to be
protecting every sort of worker out there on the front lines.
We know how to stop exposure to the virus that causes COVID-19.
And you need, before you are vaccinated and even after you are
vaccinated, you need to take a lot of steps.
Masking is fundamentally important, distance is important,
filtration and ventilation, disinfection. You know, this should
be what everybody in the country is doing right now.
Vaccines, people who get the vaccine everywhere are the
same people who are moving buses, who are moving airplanes,
that all that need that protection, and that is what we have to
be focused on. The whole country has to make this the number
one priority because only by making sure all of these workers
are safe can we stop the pandemic and get the economy back to
running again in a normal way.
Mr. Payne. Thank you.
Ms. Nelson, our vaccine distribution system could not
function without vaccines being shipped by aviation workers
across the Nation. In your testimony, you describe the need for
a Federal vaccine prioritization program that prioritizes
frontline aviation workers. How would vaccine prioritization
for frontline airline workers help to ensure a smooth operation
of the vaccine distribution system?
Ms. Nelson. Well, first of all, keeping us in our jobs. We
are part of the infrastructure that helps get the planes up in
the air to get the vaccine distributed across the country to
anyone who has those orders on file. So we are a part of making
that happen.
But, secondly, having a Federal program, where we can have
transportation workers vaccinated and certainly crewmembers who
are crossing State lines, will help to cut down the number of
people who are most likely to be coming into contact with other
people and spreading the virus.
So we are starting to contain, starting to do contact
tracing by doing that, and taking the priorities of the people
who are most likely to come in contact with other people,
either contracting the virus or spreading the virus ourselves.
Mr. Payne. Thank you very much.
Professor Michaels, unfortunately, there has been at least
one incident of an employee that handles vaccines purposely
allowing a batch to spoil. While this was an isolated incident
and there have been no such reported incidents involving
transportation workers, there is a potential for this threat to
distribution networks as well.
How would vetting these vaccination distribution workers
protect other workers and the distribution system as a whole?
Mr. Michaels. Well, Congressman, I am not a law enforcement
expert, but this is clearly a law enforcement issue. These
vaccines are lifesaving drugs. There is--you know, there is no
question that destroying a lot of 50 or 500 of these means they
are putting people at much greater risk for illness.
And this is a significant law enforcement question, and I
think we need to have Federal law enforcement step in, in these
situations, and that will obviously protect this country. We
need this badly.
Mr. Payne. Thank you.
Madam Chair, I yield back.
Ms. Newman. Thank you, Mr. Payne. So now I would like to
recognize Ms. Bourdeaux for 5 minutes.
Ms. Bourdeaux. Thank you so much, and I know it has been a
long day. Thanks to all of you for testifying about how we keep
our transportation workers safe.
In my district, which is the northeastern suburbs of
Atlanta, we have a very modest transit system, but nonetheless,
we have lost transit workers to COVID. I know the ATU lost over
120 of its members since the start of the pandemic.
In my district, a busdriver with the Gwinnett County
Transit service died of this disease back in July of 2020, and
his family believes that he contracted the disease while
working because that was the only time he was really in contact
with the public at large.
After his death, ATU Local 732 advocated strongly for
hazard pay, sick leave for transit employees, and a no mask/no
ride policy to protect the transit workers and passengers. I am
pleased to say that because of the CARES Act that Congress
passed, the Gwinnett County Transit was able to implement a
number of very important changes--retooling the buses and how
they operated.
That being said, we now face new challenges as we go into a
new era of dealing with COVID. We have new strains and, you
know, new concerns about how we protect our transportation
workers. And in this case, one of the key areas of concern for
me is the transit workers. So just a question for Mr. Rivera.
Greatly appreciate you being here.
How do we protect our transit workers? And in particular,
this is a very small transit agency. It is not one of the big
ones that I know a lot of you all here are involved in. What do
we need to make sure it is included in the next COVID relief
package to help them deal with the new strains of the disease
and to continue to protect them in the days ahead?
Mr. Rivera. Well, thank you for that question. Again, I
will say we too are a big tourist area, and we get individuals
coming from all over. We need to protect by getting us the
vaccines. Make it a priority. We can easily be located. Just
come to the hubs and have law enforcement monitor it, give the
vaccines.
I also had COVID, and it is scary that I go to work at 3:30
in the morning, and I don't know whether I will come back home
to my family. I don't know who is carrying this virus on the
bus, coworkers. I don't know.
Pass this bill and help us get all the resources that we
need. We need to redesign these buses and protect everyone,
from the air filters to the vents, whatever it needs to be done
to protect not only the operators, but all essential employees
as well as the passengers that take the buses every day, day
in, day out. Thank you.
Ms. Bourdeaux. Thank you so much, and I yield back the
balance of my time.
Ms. Newman. Thank you, Ms. Bourdeaux, and today I thank all
of our witnesses. It was a bit of a long day, and you all
answered admirably. We all learned things today. Your ideas are
excellent, and we appreciate all the great work that you are
doing out there.
I would like to make one final comment before I close, and
that is, I encourage all of our colleagues--Democrat,
Independent, Republican--to think about what the root cause of
everything is. It is the pandemic. And that if we can get more
vaccinations out as quickly as we can, it only makes sense to
support our cities, towns, States, and counties.
So let's make sure that any bill we move forward has the
remedies that our witnesses have suggested, along with support
and funding.
And, finally, I will close. I ask unanimous consent that
the record of today's hearing remain open until such time as
our witnesses have provided answers to any questions that may
be submitted to them in writing.
I also ask unanimous consent that the record remain open
for 15 days for any additional comments and information
submitted by Members or witnesses to be included in the record
of today's hearing.
Without objection, so ordered.
The committee stands adjourned. Thank you, everyone.
[Whereupon, at 3:04 p.m., the committee was adjourned.]
Appendix
----------
Questions from Hon. Salud O. Carbajal to Sara Nelson, International
President, Association of Flight Attendants--CWA, AFL-CIO
Question 1. First, thank you and your colleagues for all your work
to keep America running during this pandemic. I know these have been
challenging times and in your testimony you mention ``the recovery of
our nation's health and our economy are inextricably linked.'' I
couldn't agree more.
Can you speak further on how Congress can support workers during
these times? What are some of the resources that would be most
beneficial?
Answer. We very much appreciate efforts by lawmakers to assist
Flight Attendants and other aviation workers during this pandemic. The
payroll support program has been a lifeline to individual workers--and
to ensure this vital industry is in place to help us recover. The lapse
in funding from October 2020-December 2020 resulted in deep cuts of
personnel both with involuntary furloughs and voluntary furloughs. We
have begun the process of recalling people to training, but COVID
protocols and uncertainty beyond March when the funding lapses means
return to service and certifications will take months and already may
mean staffing shortages in the summer. It is critical that the
Administration and Congress continue this program beyond the March 2021
end date in order to ensure all workers are recalled and able to begin
the process of requalification and security clearance process. Without
this certainty for planning at the airlines, we will not have the
people, planes, and routes in place to aid in the recovery as demand
continues to return.
Communications
1. We encourage all members of Congress to use your own platform,
and coordinate with state governments whenever possible, to help
provide good information to the public about the status of the pandemic
and how we must work together to end it.
2. Continue to back up and promote the federal mask mandate in
transportation. Model use of the masks, lift up the seemingly
effortless ways in which children have adapted to masks, and promote in
both serious and fun ways the use of masks worn over our mouths and
noses.
3. Lift up the FAA zero tolerance policy for passengers who are
interfering with crewmember duties or assaulting crew or other
passengers. Encourage airports and airlines to communicate consequences
for refusing crew instructions to wear masks or comply with other
safety regulations. Encourage positive confirmation at every point of
ticket sale, check-in, arrival at airport, in the gate area, in
jetbridges and with repeated announcements in the gate and on the
plane.
Sick Leave, Health, and Vaccine Access
1. Flight Attendants have been on the frontlines of COVID-19 since
before most Americans had even heard of the virus. However, we are not
getting priority access to the vaccine--and the discrepancy across
states is vast. Anything lawmakers can do to promote access to the
vaccine for crewmembers would be helpful--including promoting clinics
at airports in coordination with public health officials, airports,
airlines, and unions.
2. Encourage airlines to continue to work with us on liberal sick
leave policies so that workers are not reporting to work sick--and paid
sick leave is provided to quarantine and/or time off to get vaccinated
or recover from any side effects of the vaccine.
3. No airline should apply a disciplinary notation for use of sick
leave. Over the past year we have had positive response from management
on this issue but we are starting to see back tracking.
4. Take every step available to ensure all frontline workers have
access to proper PPE--including ramping up production of this equipment
in the United States.
5. Encourage DOT to implement the 10 hour minimum rest rule for
Flight Attendants. The reduced flight schedule has resulted in longer
days and shorter nights. More fatigue as our jobs are more stressful
too. This implementation is already more than two years behind the
directive from Congress. DOT must act now to put it in place.
Questions from Hon. Seth Moulton to Sara Nelson, International
President, Association of Flight Attendants--CWA, AFL-CIO
Question 1. Ms. Nelson, one day when I flew down to Washington to
vote on Covid relief legislation early in the pandemic, half the flight
attendants were wearing masks and the other half were not; same for the
passengers. As they were leaning over us with drinks and snacks, I
remember thinking, ``this is crazy!'' So I asked, and they said mask
use was optional. Optional! For airline employees exhaling the same air
as all of us passengers and their colleagues in a cramped, self-
contained aluminum tube 30,000 feet in the air! Do you think wearing a
mask should be a political statement? Does it make your job more
difficult if wearing a mask is a political statement? Does it make your
job more dangerous if wearing a mask is a political statement?
Answer. The conflicting messages from leaders across the country
about the pandemic and the actions needed to mitigate, slow spread and
ultimately eradicate the threat has been the greatest challenge. These
are the areas where government can act to support Flight Attendants
during current challenges--and in most cases the Administration has the
ability to move on these issues, but backing from Congress is extremely
helpful to encourage expeditious action and potentially mandate action
as needed.
Since a few days prior to January 6th we are experiencing a new
kind of threat on our planes. Flight Attendants are skilled in de-
escalation, and most events do not rise to the level of physical
aggression with a single ``unruly'' passenger. However, we are now
experiencing hostilities in greater numbers and we don't have regular
travelers to help demonstrate the rules and act as helpers simply by
showing others what to do through their routine behavior. More
aggressive passengers and fewer helpers is creating an increasingly
hostile environment for Flight Attendants at work. We are often the
target of aggression as we simply do our jobs with reminding people
about basic safety requirements and proper use of masks to keep
everyone safe.
A patchwork of policies across airlines does not help. We need
consistent guidelines:
1. Pause alcohol sales on the plane and in airports--alcohol is a
major contributor to aggressive or violent incidents.
2. If alcohol sales are not stopped, take every step to mitigate
problems. Stop ``to go'' alcohol practices in the airports and
communicate clearly with signage that boarding will be denied for
anyone who appears to be intoxicated, open containers of alcohol may
not be carried on to the plane, and passengers can only drink alcohol
served by a worker in the airport or a flight attendant on the plane.
Encourage servers in the airports to remain vigilant to the traffic
light system and stop serving passengers who are expressing ``yellow''
behaviors.
3. Enlist local law enforcement in the coordinated effort to hold
bad actors accountable. Coordinate actions across airports, airlines,
FAA, TSA, FBI, and local law enforcement.
4. Encourage DOJ to conduct criminal prosecution of assaults and
violent behavior.
5. Crewmembers should finally have access to mandatory self
defense training (currently a voluntary program) as intended by
Congressional action after 9/11. The training should be included in
initial training and recurrent training to create muscle memory and
make it possible for Flight Attendants to respond without hesitation in
the event of an attack.
6. Flight Attendant staffing is at FAA minimums across the
industry. Our jobs are harder than ever and airlines should be
encouraged to supplement minimum staffing in order to maintain safety
and security. As a longer term fix, we believe staffing minimums should
be reviewed in light of the new conditions in the aircraft cabin--both
structural and added responsibilities for crew.
We encourage Congress to act on coordinated loss of flying
privileges.
Airlines have been banning passengers from flying on individual
airlines following a serious event. But this information should be
shared across the industry, and applied across the board. Passengers
should be banned from all airlines for a period of time depending on
the severity of their actions--and denied the use of alternate security
programs such as precheck or global entry.
Questions from Hon. Seth Moulton to Ismael Rivera, Bus Operator, Lynx,
and Member, Amalgamated Transit Union Local 1596, Orlando, Florida
Question 1. Mr. Rivera, last April, I led a bipartisan letter with
my fellow committee members Malinowski and Fitzpatrick, as well as
Representative Bacon, to then-Acting Administrator Jane Williams. We
requested that FTA guidance regarding PPE and safety protections for
transit workers be made mandatory. Under the previous administration,
not only did FTA guidance remain optional but mask use was politicized.
The Trump White House blocked a CDC order in September that would have
provided a coordinated national approach and made mask use mandatory in
transportation. I understand you contracted COVID-19, and you shared
that 124 members of the Amalgamated Transit Union have died from the
virus. I'm sorry for this unnecessary loss, but glad to see you have
recovered and hope your family remained safe during that time. When did
LYNX begin requiring mask use by passengers and workers, and was that
before or after you contracted COVID-19? How might have outcomes been
different for transportation workers if the Trump administration
provided stronger federal executive leadership in April or even
September?
Answer. ATU pleaded with the Trump-led FTA to protect the lives of
transit workers and passengers during the early days of the pandemic.
For weeks, the agency included a Q&A statement on its website which
noted that ``The CDC does not recommend that people who are well wear a
facemask to protect themselves from respiratory diseases, including
COVID-19.'' This was not helpful and defied common sense in the context
of the public transportation environment. It was unconscionable and
immoral to send transit employees to work without PPE during the health
crisis. Our members provide essential public services, making sure that
people can get to the doctor, the pharmacy, and the grocery store. But
they cannot be expected to do so while putting their lives in danger.
We also urged the FTA to institute a mask mandate, a request which was
ignored. Obviously, had the Trump Administration acted, lives would
have been saved. ATU has lost more than 170 members to COVID.
Question 2. One day when I flew down to Washington to vote on Covid
relief legislation early in the pandemic, half the flight attendants
were wearing masks and the other half were not; same for the
passengers. As they were leaning over us with drinks and snacks, I
remember thinking, ``this is crazy!'' So I asked, and they said mask
use was optional. Optional! For airline employees exhaling the same air
as all of us passengers and their colleagues in a cramped, self-
contained aluminum tube 30,000 feet in the air! Do you think wearing a
mask should be a political statement? Does it make your job more
difficult if wearing a mask is a political statement? Does it make your
job more dangerous if wearing a mask is a political statement?
Answer. In addition to driving a bus, ATU members also now serve as
the ``mask police.'' Far too often during these politically charged
times, we have been brutally attacked for simply enforcing the rules
and trying to stop the spread of the virus.
A baseball bat beating in California, a two-by-four attack in
Texas, and a bone-breaking sucker punch in New York are just a few
violent incidents that underscore another danger for transit workers in
a coronavirus world--and they all happened in one month. Since the
pandemic began, there have been hundreds of COVID-related violent
encounters between bus drivers and angry passengers who refuse to wear
masks or follow social distancing protocols.
At the beginning of the pandemic, transit systems were boarding
from the back and waiving fares. But regular fare collection and front
door boarding resumed again in the summer of 2020, bringing passengers
and drivers within a few feet of one another, exposing us to the virus
and angry people.
When someone boards one of our buses without a mask, we are faced
with a tough choice: say nothing and risk that an infected rider will
spread the virus, or tell the passenger to put on a mask and risk a
violent reaction. When you confront someone, it can escalate quickly.
He could spit on you, he could throw something at you, or he could hurt
another passenger. But what if that person is sick and contaminates
everyone on this bus? And you could have prevented that?
Last May, a St. Louis man boarded a bus without a mask. After the
female driver informed him that he could only ride the bus with a face
covering on, the man fired a 9 mm pistol at the driver. She was saved
only by the polycarbonate shields that were installed as part of the
COVID response. In Austin, TX, a man threatened a bus driver with
broken scissors after being told to wear a mask. In Springfield, MA, a
PVTA bus driver was assaulted after asking a passenger to wear a face
covering. The suspect punched the woman driver in the back of the head
and then assaulted another person who tried to help. Knoxville, TN
police arrested a man after he threatened a bus driver with a box
cutter after she asked him to put on a face mask before boarding. In
Staten Island, NY, a man was arrested on assault charges for throwing
hot coffee onto an MTA bus driver's face when he was asked to put on a
face covering.
In Boston, a teenager recently attacked an MBTA bus driver after he
was asked to put a mask on or get off the bus. He then began coughing
on the driver, claiming he had COVID and attacked the driver with a
block that's put under the bus wheels when it is parked. Here in
Florida, a homeless woman recently boarded a Miami bus and began
coughing on passengers. The driver told her she needed to wear a mask.
The woman then spat on the driver.
Once a passenger gets on the bus with a mask, it's just the
beginning for me. While driving down the road, I am constantly checking
the mirror, making sure that riders are keeping their masks on. They
often pull the face coverings off, and that's when the real tension
begins. I'm a bus driver, not a police officer. I do not need political
debates on board my vehicle, but that's the way things are right now.
When people don't listen, we need to call in the issue to the company
so they can send help.
Question 3. Last Congress, I led widely-supported, bipartisan
letters to provide emergency funding for transit and Amtrak, restore
frequency in Amtrak's long-distance routes, halt furloughs, and provide
much-needed PPE and other protective measures ahead of each relief
bill. We provided, however, $2 billion in relief for Amtrak and $39
billion for transit operators over the course of 2020, well below the
amounts the industry requested. In your testimony, you highlighted the
need for an additional $39.3 billion for transit agencies. This relief
would both support our transportation workers and ensure essential
workers can continue to get to the front lines of the pandemic. Without
additional federal relief for transit agencies, how do you expect the
level of service provided in our transit systems, such as LYNX, to
change, and what might this mean for frontline transportation workers?
Answer. We are of course incredibly grateful to the U.S. Congress
for providing the resources necessary for the transit industry to
survive the public health crisis. The emergency operating aid has
preserved essential service for the millions of people who rely on
transit and kept hundreds of thousands of transit workers off the
unemployment line during these very difficult times.
However, even if more people choose to get vaccinated and our
economy comes back to life, transit will still be in need of emergency
operating aid for the foreseeable future. Dedicated sales taxes from
bars and restaurants have dried up, leaving the agencies with no local
transit operating assistance. Choice riders are understandably hesitant
to get back on transit vehicles due to safety concerns. It will likely
take years for ridership levels and fare box revenue to recover, and we
will need significant levels of federal operating aid to survive.
Without continued operating assistance, service levels at Lynx and at
systems across the country will be significantly reduced. Transit
dependent riders, especially in communities of color, will be the
victims of these harsh cuts. Hundreds of thousands of transit workers
would face layoffs.
Question from Hon. Salud O. Carbajal to Hon. Joe Buscaino, President
Pro Tempore, Los Angeles City Council, testifying on behalf of the
National League of Cities
Question 1. In your testimony, you talk about the need for a
directed formula funding that cities can use to support local
communities during COVID. Last year when we passed H.R. 2, I worked to
make sure that more local areas could get more direct transportation
funding.
Councilmember, can you walk us through how much faster the funding
goes out and gets to the people we're trying to support when we partner
with local governments?
Answer. America's local governments are responsible for 80% of the
road network in our country, and we are the closest level of government
to the people. The Surface Transportation Block Grant (STBG) is the
primary formula program to ensure that Congress is responsive to
meeting the most pressing needs in the communities where people are
driving, walking, and riding today. STBG is the program where Congress
can show their constituents the most value in the upcoming
reauthorization by increasing the suballocation to local governments.
In the FAST Act, Congress grew the local share, and in H.R. 2, we were
glad to see Congress include an increase once again. The nation's
cities ask that you prioritize STBG and planning in the coming
reauthorization of the FAST Act as the key way in which you can support
the changing demands on transportation and show the value of
Congressional investment at home.
Since H.R. 2, the pandemic that has shown the value of our local
transportation networks--from sidewalks and roads where we could get
out and stretch our legs but also with local deliveries that have been
a lifeline. The freight connections are now only as good as our local
delivery road networks. As we emerge from COVID-19, the demands on our
transportation system are going to change and likely the shifts will be
more localized and require good planning and regional thinking rather
than a top-down approach. A Congressional program like STBG will serve
us well for a post-COVID-19 transportation investment--it's targeted,
flexible to respond to local needs, and works collaboratively. I ask
that every member consider prioritizing STBG for the next
reauthorization.
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