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Raising the Standards of the Trucking Industry


Attorneys discuss live 3.1M sex discrimination case

Jun
29,
2016
0

Attorneys discuss live 3.1M sex discrimination case

June 30, 2016 Thursday 6:00 pm Eastern
Listen on your phone (646) 200-0616 or via the Link
“Discrimination is not the Solution to Sex Harassment in Trucking”

 

 

Attorney Paul Taylor of Truckers Justice Cente

Attorney Paul Taylor of Truckers Justice Center


Discrimination appears in many forms and can affect numerous types of people. The most cunning type however is the when a discriminatory action professes to protect those who are being discriminated against. This was the case with  female truck driver, Deanna Roberts Clouse who felt because she was a woman, she was being discriminated against by New Prime, Inc’s truck driver training program.

Deanna  Clouse contacted  Attorney Paul Taylor of Truckers Justice Center who filed a discrimination charge.  The  lawsuit became part of a Class Action against Prime with the U.S. Equal Employment Opportunity Commission ( EEOC) and Attorney Taylor.

A federal district court judge found that Springfield-based Prime Inc. violated Title VII of the Civil Rights Act of 1964 by having a policy where only men could train men as truck drivers, and only women were allowed to train women.   Their reasoning  Prime contended they was “it put the policy in place in order to protect female applicants.” Prime had lost a 2003 Sexual Harassment case with the EEOC and in 2004 placed their “Only Men can train men and only women can train women”

EEOC

In May of 2016 EEOC Press Release  announced   “Prime, Inc. to Pay Over $3 Million After Court Ruled it Used Discriminatory Hiring Practices”

Trucking Giant’s Same-Sex Trainer Policy Kept Women Drivers Out of Jobs, Federal Agency Charged

Prime agreed to pay $250,000 to Clouse to resolve her claims and Prime agreed via consent decree to pay over $2.8 million in lost wages and damages for 63 other women who were denied job opportunity.

“Andrea G. Baran, regional attorney of EEOC’s St. Louis District, said, “When women break into male-dominated fields, they are often trained by men. We should not expect that these women will be sexually harassed. It is disrespectful to men everywhere to assume that they will harass women if they work together in close quarters. Rather, employers have a responsibility to adopt strict anti-harassment policies and practices and enforce them so that all employees – regardless of sex – can work and succeed together.”

EEOC St. Louis District Director James R. Neely, Jr. added, “Being male or female is not relevant to whether a person can be a good truck driver. While the trucking industry was desperately looking for drivers, Prime locked women out of their workforce rather than focus its efforts on preventing sexual harassment. Moving forward, we hope that Prime will respect the court’s injunction and provide equal opportunities to all applicants, without respect to sex.”

A new lesson in hiring from the EEOC: You can’t get away with discriminating against a specific group of applicants by improperly structuring your training program.

Join the Women Truckesr Network as they bring the lawyers responsible for winning this case on the air.

Paul Taylor – Truckers Justice Center – Plaintiff’s Attorney

Dayna Deck – EEOC Senor Trial Attorney

Jan Shelly – EEOC Senior Trial Attorney

Do you agree with the verdict? Was Prime right in their policy of “Men train men and women train women”  or is there a deeper problem that is being covered up?

June 30, 2016 Thursday 6:00 pm Eastern
Listen on your phone (646) 200-0616 or via the Link

Discrimination is not the Solution to Sex Harassment in Trucking

 

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Improving Trucker “Gut Instinct”

Jun
22,
2016
1

Improving Trucker “Gut Instinct”

Carolyn O'byrne

Author of “Gut Instinct” Carolyne O’Byrne of Life Coach Service

Gut Instinct: Transform your life and health with the power of your gut

So many drivers endure the numerous sacrifices of over the road trucking. Their lives include living for days, weeks, and sometimes months in a confined space without the  comforts that we all take for granted.  Besides being without” comforts”, even the most basic needs of life are sometimes more difficult to access and maintain.

Two of the most basic and vital needs for survival are Sleep and Food.

Every truck driver knows that sleep is something that’s not easy to come by when you’re running OTR, especially with the irregular schedules, waiting times, unpredictable circumstances, and the all important Truck Parking Shortage.
Today though we will talk about the other basic need – FOOD!!

Food as it relates to Health- Eating does not mean Nutritious

How the need for the book “Gut Instinct” all began

Gut Instinct

Gut Instinct-by Carolyn O’Byrne of Life Coach Service

Carolyn O’Byrne of Life Coach Service has been a part of the trucking industry for almost 20 years.  As the wife of an over-the-road truck driver, she and her husband have been associated with the trucking industry since 1999. In that time, she’s seen and experienced the very unique issues which affect professional drivers and the people in their lives.

One of those issues is poor health of professional drivers, and she has seen plenty throughout  the years; diabetes, obesity, high blood pressure, arthritis, heart disease, respiratory disorders, digestive problems, cancer and more.
Because of the Trucker Lifestyle, these illnesses are  greater for truckers than in many other professions. These illnesses added to the difficult trucker lifestyle, along with her own personal near death experience, has led to the her book…

“Gut Instinct- Transform your life and health with the power of your gut”

As  mentioned, the major reason drivers have such poor health is their lifestyle, which often includes poor eating habits. Because of the nature of the trucking profession, having “healthy” food on hand or readily accessible is considered a luxury. Not only is there limited space in the truck, but time, parking availability, and tight schedules make it much more difficult to access. I said difficult…. NOT impossible.

So drivers are accustomed to stopping off at truck stops, grabbing fast food, chips, coffee, snacks, soda… anything to remedy the hunger, often without thought of what the food is made of…. and doing to them.

The result is poor nutrition, eating food which is often down right harmful, and many times contributing to disease and poor health.

Carolyn’s book,”Gut Instinct”, doesn’t just tell you what and what not to eat, but rather it shares how foods affect your entire bodily system…. starting with the most important part, your Gut.
After you understand the “what and why”, the book goes on to help you with the”how and where” to do and go in order to move forward toward a better and healthier life.

Here are  just a few highlights covered in the book”Gut Instinct”

  • How your gut affects your entire health and immune system
  • What kind of foods are creating a greater risk for disease?
  • How Processed foods are killing us!
  • How you can eat 5000 calories/day and still be malnourished
  • The most common factors to be aware of in order to maintain good gut health
  • What are the major causes of “leaky gut syndrome” which is leading to sickness and autoimmune disease?
  • How can antibiotics many times do more harm than good.
  • How does your gut affect your emotional state?
  • How you can eat Healthy in a Truck…. whether you cook or not…Recipes included!!
  • What are  Genetically Modified Foods (GMO’s) and how they’re destroying our immune system! ( GMO’s are banned in most other countries!)
  • The myth accepted about eating “plenty of whole grains”
  • The #1 Food that cancer thrives on…. Stop eating it!
  • Natural cures and remedies!

Gut Instinct is available in both hard copy and a downloadable version on Life Coach Service website

WIN A KINDLE FIRE!

Between June 22, 2016 and July 6, 2016, (2 weeks.) leave a review for “Gut Instinct”  on Amazon and be automatically entered  in the drawing for a Kindle Fire.
IF the book gets 60 reviews,  you will also receive a COVER for your kindle.  So get out there and tell your friends.  Let’s see who wins!

Carolyn will be a guest on AskTheTrucker Live Thursday 6-23-16 6PM to discuss her book and answer any health questions you may have.
Listen from your phone 347-826-9170 or via the player below.

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Why New York Chiropractors can’t perform DOT medical exams

Jun
16,
2016
3

Chiropractic Chiropractors in New York were NEVER permitted to perform DOT Physicals.

Why NY Chiropractors Can’t Perform DOT Physical Exams

There is a lot of talk and a lot of angry sentiment surrounding the Federal Motor Carrier Safety Administration’s (FMCSA) decertification of all chiropractors licensed in the state of New York.

Chiropractors around the nation are complaining.  The Owner-Operator Independent Driver Association (OOIDA) has called its members to bombard the Federal Motor Carrier Safety Administration (FMCSA) with phone calls, emails and letters to complain.  CMV drivers are upset.  There is a lot of misinformation and rumors floating around.  People are furious with FMCSA.

Related Post FMCSA removes New York chiropractors from trucker medical examiner registry

 

National Registry Certified Medical Examiners

Is their anger focused on the right organization? What is really happening?  Why are chiropractors licensed in New York decertified from the National Registry of Certified Medical Examiners (National Registry)?  Is it FMCSA’s fault? If not, then who is responsible?  Does FMCSA have a vendetta against chiropractors?

Before getting too upset with FMCSA and before spreading the rumors, it is important that you understand the full picture. The following paragraphs answer the questions above, explain the actions of the New York Chiropractic Board and FMCSA’s response to the Board’s action.

FMCSA and the National Registry

To become a Medical Examiner on the National Registry of Certified Medical Examiners (National Registry) a health care provider must:

  • Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations
  • Complete required training
  • Pass the Medical Examiner certification test
  • Maintain certification by completing periodic training every five years and recertify by passing the ME certification exam every 10 years

FMCSA doesn’t decide whether the health care professional can perform physical examinations. The State Board that issues health care professional’s license makes the determination and calls it the “scope of practice.”

The New York Board of Chiropractic

Federation of chiropractic licensing boards

In New York, The Office of Professions, State Board of Chiropractic determines the scope of practice for chiropractors licensed in their state.

I talked to a representative of this State Board on June 14, 2016.  According to him, chiropractors in New York were NEVER permitted to perform the type of physical examination required to determine a bus or truck driver’s physical qualification to operate a commercial motor vehicle (CMV) in interstate commerce.

So, once the Board learned that licensed chiropractors were listed on the National Registry, the Board itself took action.  They sent cease and desist letters to all the New York licensed chiropractors listed on the National Registry. These letters told the chiropractors to stop performing DOT examinations because it isn’t included in their scope of practice defined by the state of New York.   By working outside of their defined scope of practice, the New York chiropractors were performing the exams illegally.

Chiropractors aren’t the only ones who must follow their Board’s determinations.  ALL medical professionals must conform to the scope of practice defined by the state board that governs them.  Even though their state may not permit something that another state allows.

Anger toward FMCSA

FMCSA cannot list practitioners whose scope doesn’t include conducting the DOT physical. So FMCSA had to decertify the New York chiropractors. Makes sense, right? What doesn’t make sense, to me, is being angry with FMCSA for the New York State Board of Chiropractic’s decision.

I think the anger toward FMCSA is misplaced. To be upset with FMCSA and to send letters, emails and make phone calls harasses the FMCSA staff who have no control over the situation.

It isn’t FMCSA’s fault!

FMCSA was complying with their own definition of Medical Examiner and the New York Board of Chiropractic Medicine’s determination. The very definition of an FMCSA Medical Examiner is “a person who is licensed, certified and/or registered, in accordance with applicable state laws to preform physical examination.”  This means the scope of practice defined by the state must include performing the the type of physical examination required by FMCSA.  In New York the scope of practice doesn’t include conducting this type of examination. The full text of FMCSA’s definition from the Code of Federal Regulations is below.

49 CFR 390.5)

Medical examiner means the following:

(1) For medical examinations conducted before May 21, 2014, a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.

(2) For medical examinations conducted on and after May 21, 2014, an individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with subpart D of this part.

Since this means that the person performing the physical examination must be permitted by the    scope of practice to do the examination. Is it FMCSA’s fault the chiropractors are removed form the National Registry?  NO.  Does this demonstrate that FMCSA had a vendetta against chiropractors?  Absolutely not.

There is a questions to ask now FMCSA, however—
1)Why were the New York chiropractors ever permitted to be on the National Registry, if their scope of practice forbade them conducting the DOT examinations?
2) What about the CMV drivers who had examinations performed by the chiropractors before they were removed from the National Registry? Are those driver  examinations valid?

New York State Board for Chiropractic

If you want to contact FMCSA write or email about the two questions above. If you want to get involved in the New York State Board of Chiropractic decision making, you should write to them about their decision. 

by Elaine Papp of Health and Safety Works, LLC

Related:  PREPARE FOR A DOT PHYSICAL

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CPAP America assists driver Sleep Apnea needs without exploiting

Jun
13,
2016
2
Ed Frost CPAP America

 

CPAP America News of the Week- Their Ribbon-Cutting Ceremony at the Gloucester County Chamber Of Commerce- Ribbon-Cutting Ceremony takes place at their flagship location (943 Kings Highway West Deptford, New Jersey) on
Friday, June 17, 2016 at 10 am

Truck Driver Fatigue

For many drivers, Truck Driver Fatigue is code word for “more regulations” and is many times further disguised by combining the words, “increase highway safety.”
Finally, when all is said and done, you can almost guarantee that the outcome for drivers will end up “costing them”.

The fact is professional drivers have a demanding lifestyle and work well over the 40 hour work week, far more than that of most other professions.
A professional driver may work a legal 70 hour work, however, the way the laws are written, most over the road truck drivers can “legally” work 100+ hours. Read more
ELD’s DO NOT keep truckers from working more that 70 hours/week

Whenever there is a problem which can compromise safety, the pressure to resolve and identify the cause of the issue becomes greater. This is definitely the case with Truck Driver Fatigue. There seems to be the need to place “blame” in order to divert attention from the major causes of Truck Driver Fatigue.

Sleep Apnea -Truck Driver Fatigue

For over 10 years, Obstructive Sleep Apnea (OSA) has steadily become a focus for the trucking industry and FMCSA.  Make no mistake OSA is a real and serious disease which does affect millions of Americans. The FMCSA explains, Driving when you have Sleep Apnea. 

With the greater focus on Sleep Apnea, including FMCSA guidelines, rules, and the latest Advanced Notice of Proposed Rule Making (ANPRM),  professional drivers more than ever must confront OSA.

As of now, if a DOT Medical Examiner suspects that a driver may have Obstructive Sleep Apnea, the driver must go for a Sleep Study Test.  If the test comes back positive for moderate to severe for  OSA, the driver is more than likely going to have to have treatment, usually a CPAP mask.
Please read more, written by DOT Medical Examiner Dr Randolph Rosarion – Trucking Controversy- Determining who is at risk for Sleep Apnea

NOTE: Many companies will require drivers to move forward with OSA treatment even if OSA study results show only MILD sleep apnea.
( FMCSA does not require treatment for drivers with MILD sleep Apnea)

On May 26th  The American Transportation Research Institute (ATRI)  released the results of its sleep apnea survey, which highlights a number of issues related to truck driver screening and treatment of Obstructive Sleep Apnea (OSA.  Read more

Sleep Apnea-one more way to exploit drivers

One of the biggest concerns for drivers who are told they need to be tested for OSA, is out of pocket costs, especially for those without health insurance or who have high deductibles.
Many drivers also believe that Sleep Apnea has become a “money maker” for companies profiting off of the testing and equipment services they are providing truckers.

After all,  in order for drivers to be able to continue driving, they MUST follow the advice of the Certified Medical Examiner if  told they need to be tested for OSA. If not, they will not receive their medical card and their driving career can very well end.

With that being said, there are companies who can and sometimes do, exploit this situation that drivers face.

We are grateful to have have found a company that has come to the forefront AGAINST unethical practice and instead offers AFFORDABLE, QUALITY, and compliant OSA services for professional drivers.   The company is  CPAP America.
I can’t tell you enough how impressed I am with the dedication they have displayed when it comes to serving the Truck Driver Community, including those who do not have Health Insurance.

CPAP America  “one-stop-shop” for Affordability & Quality of:
sleep apnea relief, education, CPAP equipment, and Home Sleep Testing

CPAP America utilizes the latest technology, the best interfaces, and dependable yet affordable devices, putting the company at the forefront of the CPAP retail market.
Their customers get personalized care from experienced, passionate clinicians who will help them not only manage their disorder, but improve their overall quality of life. The company offers a full line of reliable CPAP machines and accessories that are easy to use.  For unbiased solutions at the best prices, customers can rest easy with CPAP America.

CPAP America News of the Week- Their Ribbon-Cutting Ceremony  at the Gloucester County Chamber Of Commerce- Ribbon-Cutting Ceremony takes place at their flagship location (943 Kings Highway West Deptford, New Jersey) on
Friday, June 17, 2016 at 10 am

Please RSVP at sales@cpapamerica.com

Meet Edwin Frost
President and Chief Clinical Officer of CPAP America.

Edwin Frost is the President and Chief Clinical Officer of CPAP America. Frost is a Registered Respiratory Therapist and has managed 27 sleep labs. He currently sits on the New Jersey State Board of Respiratory Care and is a speaker for A&T Lectures, LLC. Frost is also the President of Aeris Consulting and Management. With over 60 facilities throughout the East Coast, Aeris is quickly becoming the leader of respiratory services in the country.


Live Sleep Apnea Q&A!! LIVE NOW!

Posted by CPAP America on Friday, June 10, 2016

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What It Really Costs to Own a Commercial Truck

May
25,
2016
0

What It Really Costs to Own a Commercial Truck

 Truck Cost

Truckers often dream of the day when they can purchase their own Class 8 and become independent contractors or better, owner-operators. However, commercial vehicles are not cheap, which is why many truckers continue to lease vehicles from their employers. In fact, trucks cost much more than their initial asking price, but the advantages to ownership are not insignificant. If you are struggling to decide whether you should invest in your own commercial rig, here are some facts and figures to consider.

 

Initial Price

Obviously, what you initially pay for your shiny new (or used) truck depends on a few variables. Your desired make and model will influence a seller’s asking price, as will the age of the vehicle and its amount of wear and tear. Almost every trucker has a distinct preference for one style of big rig over all others, and though it is wise to buy the cab you are comfortable in, you might end up paying more for certain brands. For example, Peterbilt and Volvo have reputations for luxurious trucking, whereas Mack trucks are highly regarded for their enduring toughness on the road.

Additionally, individual sellers could have vastly different prices on identical trucks. Because vehicle sales remain somewhat negotiable, unscrupulous dealers will often inflate their prices to profit as much as they can from individual sales. Finding a vendor you can trust is crucial to securing a reliable, affordable price on the truck you need.

Essentially, you should expect to pay over $100,000 for your first commercial vehicle. On average, a brand-new day cab costs about $113,000 and a sleeper will set you back about $125,000. On top of this, new trailers usually add an extra $50,000 as long as you are looking for a standard rig; specialty trucks like loggers or long-combinations will certainly cost more. Already, these numbers may seem huge, but actually, the purchase price of a truck is only a fraction of the total costs of owning a commercial vehicle.

Lifetime Price

Every new car buyer must know that purchasing the car is just the beginning of car-related payments, and that fact is even more true with commercial trucks. Estimates suggest that a big rig costs about $180,000 to operate for a single year  or $1.38 per mile on the road and that does not include the initial asking price. Independent contractors and owner-operators must be able to budget for serious recurring expenses, such as:

  • Fuel is the largest operating cost for truckers. While the average four-wheeler will consume around 500 gallons of gasoline every year, your 18-wheeler drinks at least 41 times that, which is easily more than $70,000 annually.
  • Truck repair is another significant expense. A driver’s worst nightmare is seeing smoke, and all those hours on the road will eventually put your truck in the shop. Regular maintenance adds up to roughly $15,000 per year.
  • Insurance is a mandatory expense. Fortunately, truck insurance can be surprisingly affordable. For $6,500 yearly, you can protect your investment as well as your client’s goods from dangerous accidents.
  • Licenses, permits, and tolls are often forgotten expenses. Truckers need special licenses and permits to operate their equipment, and tolls on roads throughout the U.S. will add up fast.

Ownership Benefits

Truck Cost

Admittedly, it is difficult to read these numbers, add them up, and still be eager to buy a commercial vehicle of your own. However, the benefits of owning your own truck certainly make up for the expenses.

As with homes, cars, furniture, clothes, and any other rentable commodity, ownership is ideal. By purchasing a truck of your own, you are investing in yourself, allowing you to build worth and increase your profitability.

Leasing may be a good option for companies or drivers that do not expect to remain in the transportation business for long, but if you love the industry and want to stay, owning a truck will allow you to be financially independent in the field. Plus, contractors usually earn higher wages than standard transportation employees, so the costs of the ownership will seem less when compared to your increased income.

Large motor carriers are equipped to handle the expenses of truck ownership, but that doesn’t mean individuals are incapable of gaining independence by buying their own big rigs. Though the numbers are daunting, the possibilities from owning your commercial vehicle are outstanding. Still, as you shop for your first big rig, you should keep the lifetime costs in mind, so you won’t end up buying more truck than you can afford.

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Truckers Fighting Speed Limiter Regulation

May
23,
2016
2

Truckers Fighting Speed Limiter Regulation

Speed Limiter

Speed Limiter

Speed Limiter

 

 

 

 

 

If drivers do not want Speed Limiters on heavy trucks from becoming another law, then they will need to do something.

As professional truck drivers, we are aware of how unsafe speed limiters can be. Now, it’s our job as professional drivers to educate and inform others:

  1. Speed limiters are unsafe when sharing our highways with motorists, specifically, concerns with car–truck speed differential.

2. We need to request additional Speed Limiter Studies which would address the major concerns professional drivers have with SL’s.  So far it does not appear that adequate studies addressing  safety risks of speed limiters have been conducted.

Speed Limiter Review

Heavy Truck Speed Limiting Devices  Agency: National Highway Traffic Safety Administration (NHTSA)

HEAVY DUTY SPEED LIMITERS  proposed rule

 

OOIDA-Speed Limiters It has been concluded that the data utilized in FMCSA’s study did not find a statistical significance in reduction of crashes due to speed limiters.

2008 Safety Impacts of Speed Limiter Device Installations on Commercial Trucks and Buses

2012 Research on the Safety Impacts of Speed Limiter Device Installations on Commercial Motor Vehicles: Phase II

Today we are facing efforts to place into law a DOT final rule for Speed Limiters. If drivers sit back and DO NOTHING, they will have to accept the outcome and not complain.

MAY 2016-Speed Limiters- Where we are NOW

  • H.R.2577 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016

    Sen. Johnny Isakson, R-Ga., introduced an amendment to the Senate version of the transportation funding bill that, if signed into law, would direct the Department of Transportation to produce a final rule mandating speed limiters on trucks within six months of the bill being signed into law.

    U.S. Senator Johnny Isakson, R-Ga

    U.S. Senator Johnny Isakson, R-Ga

    The amendment is part of the Senate version of the Transportation, Housing and Urban Development appropriations bill.

    S.AMDT.4024
    Amends: H.R.2577 , S.AMDT.3896
    Sponsor: Sen Isakson, Johnny [GA] (submitted 5/18/2016) (proposed 5/18/2016)

    AMENDMENT PURPOSE:
    To direct the Secretary of Transportation to issue a final rule requiring the use of speed limiting devices on heavy trucks not later than 6 months after the date of the enactment of this Act.

     ***************************************************************************

    The following feedback was sent to me on Facebook by Ricky Brown, Owner of Ricky Brown Trucking, regarding Speed Limiters. I’d like to share it with everyone.

    Regulating Truck Drivers Through Speed Limiters

    Ricky Brown of Ricky Brown Trucking

    Ricky Brown of Ricky Brown Trucking

    There are 5,600,000 tractor trailers on the roads in the US. Imagine all 5,600,000 not capable of running over 65 mph. Some carrying 5,000 lbs, some carrying 45,000 lbs. This will create a logjam on Interstate highways, making it very difficult to pass. Cars are going to love this. Trucks as far as the eye can see. Running side by side for miles.

    Georgia Senator Johnny Isakson tacked an amendment onto a routine spending bill that would require the Department of Transportation to issue a rule mandating all commercial trucks be mechanically speed limited within six months of the bill’s final passage. As Owner Operator Independent Drivers Association (OOIDA) has previously reported, a proposed speed limiter rule has been stuck within the Administration potentially because the numbers surrounding speed limiters simply aren’t adding up. There is no sound science indicating they make highways any safer. Additionally, there is reason to believe the costs of the potential rule far outweigh any benefits.

    OOIDA CALL TO ACTION SPEED LIMITERS

    The Isakson amendment actually undermines safety, as all leading highway research shows that speed limiters create dangerous speed differentials on our nation’s highways. They also cause drivers to have less control of the truck during critical times when speed is needed to prevent certain types of crashes.

    The measure sets a dangerous precedent since there has not been a hearing in the Senate or House of Representatives on speed limiters. Furthermore, the recent passage of the FAST Act requires that all proposed Federal Rules must be based on the best science available, examine the impact on various segments of the industry including small businesses, and consider cheaper alternatives.

    In addition to the lack of evidence that supports the necessity of this bill to improve safety, there will be a financial burden to the trucking industry that will inevitably be passed on to consumers.

    I urge you to consider or reconsider this Amendment in the most stringent light and vote NO. Every bill passed by Congress often has negative unintended consequences that are never even considered during the debate process. The potential negative consequences of this Bill over-ride the effect that the bill is attempting to correct.

    Easier than Ever to Write your Representatives 

    This amendment tack-on is another prime example of why bills should be independently submitted, debated, and passed or vetoed. I urge you to take a responsible step in championing this change in procedures so that the American people will not be railroaded by cleverly hidden amendments that become Law by being passed on the back of larger legislation.

    Ricky Brown- Ricky Brown Trucking

    United States Senate Committee on Appropriations

    Subcommittee Members: Transportation, Housing and Urban Development, and Related Agencies

    Congressional phone number
    You can call the Capitol switchboard operator at 202-224-3121 to be transferred to any representative’s or senator’s office. All you have to do is provide the operator your home ZIP code.

    Write your Representatives 

     

 

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To Repair or to Replace: When Commercial Vehicles Break Down

May
20,
2016
1

To Repair or to Replace: When Commercial Vehicles Break Down

 

Truck1-Blog -PostA truck in your fleet has started billowing more black smoke than usual, or the lifting arm on your excavator just doesn’t lift like it used to. The time has come to make a decision: Do you spend time and resources attempting to fix your existing equipment, or do you scrap the damaged goods and spend the cash for something shiny and new?

Your business depends on your vehicles, so having a reliably functioning fleet is absolutely imperative. Repairing and replacing are both expensive and exhausting activities, but each has its own advantages in certain situations. Knowing what action to take when will help you save time and money, keeping your business booming. Hopefully, this guide will help you determine whether it is worthwhile to repair or to replace your broken-down vehicle.

Typical Maintenance and Repair Expenses

Just like personal vehicles, commercial trucks need regular checkups to remain operational. A truck contains millions of moving parts that are integral to the function of the machine, and by following a strict maintenance schedule, you can reduce the likelihood of a catastrophic failure that prevents you from transporting goods and making money.

Tire maintenance is one of the most grueling expenses, in terms of both time and money. Tires easily see the most wear, and as a result, most truckers find that 3 percent of their vehicle’s expenses are devoted to maintaining the rubber on the road. On average, a single commercial tire costs about $250 ? which means the cost of new tires for all 18 wheels totals more than $4,500. Regular tire retreading can cut that number in half, but it is still a significant annual expense.

Some estimates suggest that repair and maintenance costs for a single truck can exceed $15,000 per year. This is because commercial vehicles require special skills and parts that not every mechanic has. As a result, labor fees for commercial trucks are high; shop time with such specialized mechanics usually costs well over $100 per hour, making routine maintenance tasks, like changing filters, a thousand-dollar ordeal.

With any luck ? and with religious adherence to your maintenance schedule ? your truck won’t have any serious repairs for a few years. However, any machine that sees as much use as a big rig will definitely need some patching up eventually.

Ways to Cut Costs

Ways to Cut Costs

There are a number of products available that help trucks remain in good condition longer. For example, diesel exhaust fluid Peak BlueDEF helps convert engine waste into harmless nitrogen and water, reducing gunk build-up as well as harmful emissions. During especially cold months, weatherizing trucks with appropriate equipment, like snow tires or chains, and chemical fluids will prevent unnecessarily dangerous conditions during the winter. Even hot months require extra care, as the bright sun can desiccate the outside and inside of big rigs, demanding expensive repairs. In the summertime, you should be prepared with custom window shades.

Perhaps most importantly, the way you drive can influence how much you spend on maintenance and repairs. Here are some unknown ways to treat your truck better and increase its lifespan:

  • Allow the engine to warm up without revving for about 10 minutes.
  • Avoid idling, which reduces a trip’s miles per gallon by one-third and wears engines twice as fast as normal use.
  • Drive at the most fuel-efficient speed for your vehicle, which is usually around 65 miles per hour, and in wet conditions, reduce your speed by one-third.

Replacement Value

Many truck owners decide it is time to replace their rigs when the cost of a single repair exceeds the value of their vehicle, but in truth, this is not the optimal way to replace a commercial truck. An old, completely worn-out truck has depreciated to the point of worthlessness, and you will earn nothing from reselling it or trading it in.

The best course of action is to perform an economic lifecycle analysis to determine when you will have attained the optimum value from your purchase. The calculations for this analysis are quite complex, and require data such as vehicle purchase cost, past maintenance and repair expenses, fuel expenses, downtime costs, depreciation expenses, and salvage values. Fortunately, there are a few online tools to help you understand the best time to replace.

By being smart and safe with maintenance and repairs, you can extend your commercial vehicle’s life ? but not indefinitely. Eventually, every truck needs to be replaced, but replacing too soon or too late will cost you. Before your big rig starts smoking again, you should consult your costs to determine whether now is the time to replace ? or whether you can get away with another few repairs.

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ELD’s DO NOT prevent truckers from working more than 70 hrs/wk

May
17,
2016
3

 Truck ELD

ELD’s DO NOT keep truckers from working more that 70 hours/week

Has the General Public and Safety Advocacy Groups been Duped?

THE BIG LIE: ELD’s keep drivers from working more that 70 hours/week and thus have the ability to reduce Truck Driver Fatigue?

Fact is:  Truck ELD ‘s are just a smokescreen pretending to create Safer Highways as they LEGALLY reduce a drivers available hours to drive, therefore pushing drivers to work additional hours without pay.

For many years it has been an objective of the FMCSA, Safety Groups and a host of government agencies to create safety by introducing and mandating a continuous onslaught of regulations onto  drivers as a way to create safer highways.
Ironically, many of the rules within the FMCSA create more stress  including the Hours-of-Service (HOS) and the ELD ( Electronic logging device) which measure and records the Hours of Driver Drive Time, keeping drivers HOS compliant with the 14 hour clock. But does it really?

Purpose of the ELD  Final Rule

According to the FMCSA The electronic logging device (ELD) rule is intended to help create a safer work environment for drivers, and make it easier, faster to accurately track, manage, and share records of duty status (RODS) data.

Theoretically the ELD is to address and prevent: “Cheating” on Logs which would allow drivers to drive more hours, thus reducing Truck Driver Fatigue. In the minds of many this would logically create safer highways.  Although an ELD can accurately measuring a drivers drive time, it does not automatically monitor hours logged.
In other words, the device does not ensure a drivers hours are logged correctly, but rather will permit drivers to work many times in excess of 100 hours/wk

But how can that be?
An ELD synchronizes with a vehicle engine to automatically record driving time, for easier, more accurate hours of service (HOS) recording.

Additionally, whatever the driver enters, is what it records. The only thing the ELD can measure  relatively accurately, is when the truck is moving, or logged, “On Duty Driving”
Once the Truck is disengaged ( turned off or stopped) it no longer “automatically” logs what the driver is doing. The driver still manually enters either: Off  Duty, Sleeper Berth, Driving, On Duty Not Driving

 The FMCSA issued a Final Rule for ELD in December 2015.

Before we continue, these are some well known facts among the driving community

1) Most Truckers are paid by the mile with little or no compensation for their other jobs performed or “extra hours”
2) Drivers are mandated by FMCSA to a 14 hour clock, allowed to drive 11 hours within a 14 hour work period.
3) Drivers are held to a 70 hour work week
4) Drivers Log those hours according to the following in order to remain compliant
a) Line 1- Off Duty
b) Line 2 sleeper birth
c)  Line 3-On Duty Driving
d) Line 4-On Duty Not Driving
5) Most TL Drivers are not paid for detention time.
These hours readily eat up the 14 hour clock and 70 hour work week
6) Drivers will log either Line 1 ( Off Duty)  or Line 2( Sleeper Berth) to preserve their 70 hours while waiting at loading docks
7) Drivers often work 100+ hours /week
8) Drivers are not paid for as many as 40 hours/week of their time spent waiting and/or doing other tasks. Again, many times drivers log Line 1 or 2 to preserve their hours.

Map 21 -FMCSA – In 2012, the United States Congress enacted the “Moving Ahead for Progress in the 21st Century” bill, or, more commonly referred to as MAP-21. That bill, which also outlined the criteria for highway funding, included a provision requiring the FMCSA to develop a rule mandating the use of electronic logging devices (ELDs)

There is a possibility however, that the change in interpretation of CFR 395.2 in 2012 (from April of 1997), without public comment I might add, could “muddy the waters” as to define when it is “legally“allowed to log waiting at docks, Off Duty/Sleeper Berth, no matter how long the delay. How can that be? Aren’t drivers “at work” while waiting at the docks? Shouldn’t they be paid for waiting? Or could this change any hope for that?

Why do drivers log line Off Duty or Sleeper Berth when they are actually “On Duty not Driving”?  Is that Legal?
Shouldn’t they be logging line 4?What about  when waiting at docks?

Every driver reading this knows EXACTLY why this is…. Because as stated in Fact 1- Drivers get paid by the miles THEY DRIVE ONLY… NOT for their TIME.  This means that ANYTHING other than driving will not be compensated:  waiting time at docks ,weather, paperwork, looking for parking, eating, etc… This is “expected free time”  without pay that drivers accept as part of “their job”

Do ELD’s make roads safer?

Theoretically, ELD’s will monitor a drivers  11 hour drive time, determining when the truck moves. ELD’s do not monitor ANYTHING else however.
Example: A driver could drive 11 hours, shut down, manually log off duty while waiting at a dock for 10 hours (not sleeping) and then go on to their next load. No one would know.

On Paper ELD’s Seem like the perfect solution to safer roads, right?
But is it? The ATA, Safety Groups, and even Congress seems to think it will. But what do drivers say
?

Before we answer this, let’s talk about  the 70 hour work week?  Will ELD’s be able to monitor this?  Are they really only working 70 hours? Do drivers even  know or care that they are working over 70 UNPAID hours?
Fact is, ELD does not monitor what the driver is actually doing, even if logged Sleeper Berth,  they can still be working. Unless there is a probe connected to the driver or a camera watching EVERY move to ensure they get his/her rest, absolute assurance that a driver is “resting” is impossible.
Are we to expect Biometrics to follow?

The myth and Lie of ELD’s

MORE FACTS

1)Drivers have been conditioned to believe that THEIR TIME IS NOT VALUABLE. They believe only the hours they drive are valuable.
2) Drivers get paid by the mile, not for their time
3) Drivers Wages have remained stagnant for decades
4) Drivers believe that the only way they can make more money is to drive more miles
5) Drivers believe that logging off duty or sleeper birth is “legal” if they are waiting at a loading dock. They do this to preserve their 70 hour clock, which means they are working  70 hours plus 30+ hours extra waiting at shippers and receivers. They log this way to have more time to drive in order to make more money.

FMCSA: Definitions, Rules, and Guidance

Part 395
HOURS OF SERVICE OF DRIVERS

Interstate Truck Driver’s Guide to Hours of Service

DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration

49 CFR Part 395 July 12th 2013 Update from April 4th 1997
Hours of Service for Commercial Motor Vehicle Drivers; Regulatory Guidance Concerning Off-Duty Time

What Is Off-Duty Time?
By understanding the definition of on-duty time, you will get a good idea of what is considered off-duty time. In order for time to be considered off-duty, you must be relieved of all duty and responsibility for performing work. You must be free to pursue activities of your own choosing and be able to leave the place where your vehicle is parked.

On-Duty Time In a Commercial Motor Vehicle-  On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:

The Federal Motor Carrier Safety Administration (FMCSA) excludes from the definition of on-duty time, any time resting in a parked commercial motor vehicle, with the driver relieved of all responsibility for the vehicle. Also excluded to be considered on duty, is up to 2 hours in the passenger seat of a moving commercial motor vehicle, immediately before or after 8 consecutive hours in the sleeper berth. This rule continues to require drivers to take 8 consecutive hours in the sleeper berth, and allows them to take an additional 2 hours in the passenger seat when the vehicle is moving, without artificially confining them to the sleeper berth for the entire 10-hour period.

Drivers already know that ELD’s will not create safer roads, but the media, general public, and safety groups unfortunately have all been given a false sense of security, believing that ELD’s and HOS are the answer to Safer Highways, eliminating Truck Driver Fatigue, and preventing fatal crashes… All of which are a cover up, designed to keep wages down and to keep drivers working harder to chase that carrot hanging down.

*****************

Here is a comment on a FaceBook Thread that veteran driver Pat Hockaday made in response to an ELD article by another veteran driver, Bob Caffee You can read ALL other Driver comments also HERE

EOBR ELD OMG

Pat Hockaday Comment:
Time has value! We are governed by the clock, not the number of miles we may run!
In order to run miles, we must have Available Hours to do so. In order to run miles, Mandated Breaks Must Have Been Taken! Mandated breaks deny us the use of our time, possession of our time has been taken away from us. Are we expected to just donate our time to the Job????
“Relieved of All Responsibility” implies that the Driver has the freedom to do as they please. OK, I want to mow my grass but my grass is a thousand miles away! NOW I Have to Hire Somebody to do “As I Please”.
If the Driver is “Relieved of All Responsibility” who has assumed the responsibility?? If the carrier, shipper or receiver has relieved a Driver from “All Responsibility” aren’t they responsible to return “All Responsibility” back to the Driver with the equipment in the same condition as it was when they accepted “All Responsibility”?
An employee Driver may leave the truck in the possession of the carrier when they go home but when you or I go home, aren’t we still responsible??
In order to be technically “Off Duty” the Driver must be relieved of duty and all responsibility to preform work and to be in readiness to preform work while being “Relieved of All Responsibility” for the truck, trailer and cargo.
HOLD ON A MINUTE, that’s how the definitions were written BUT the definitions have changed in 2013.

“Through the revision of the regulatory guidance, FMCSA makes clear that the motor carrier need not provide formal guidance, either verbal or written, to drivers with regard to the specific times and locations where rest break may be taken. The revised guidance also emphasizes that periods of time during which the driver is free to stop working, and engage in activities of his/her choosing, may be recorded as off-duty time, irrespective of whether the driver has the means or opportunity to leave a particular facility or location.”
https://www.gpo.gov/fdsys/…/FR-2013-07-12/pdf/2013-16687.pdf

Any OO or Independent worth two cents know that they must price themselves by considering the amount of time needed to do the job. Of course we must work within the prevailing labor rate that the market has set. Hmm, if we must compete against a labor force who’s value has been set for them by only considering the production that may be performed, the value of OUR Time has been established by the market, A Controlled Market, as is evident in this amendment to Part 395.2 that reads;

On-Duty Time In a Commercial Motor Vehicle
Effective February 27, 2012, the Federal Motor Carrier Safety Administration excluded from the definition of on-duty time any time resting in a parked commercial motor vehicle, with the driver relieved of all responsibility for the vehicle.
Combine this with the previous definition of “Relieved of All Responsibility” and it may be interpreted that Drivers may legally log “Off Duty” while waiting.
This goes against Part 395.2 that reads;

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter;
There is a lot to be considered that affects Drivers pay. ELD’s can be utilized by Drivers to increase the Safety of the Roadways only if they can AFFORD to operate in full compliance of the HOS.
How do the Drivers put these boxes to work For The Drivers????

 

 

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Driver Productivity Increases as Wages Plummet

May
11,
2016
7

Driver Productivity Increases as Wages Plummet

INSULT TO INJURY REGARDING PRODUCTIVITY!

Transportation Veteran Jerry Fritts of American Overland Freight

Transportation Veteran Jerry Fritts of American Overland Freight

 

The contemporary economic theory that “enhancing ones’ productivity, enhances ones’ value”, is the path to ones’ enhanced prosperity.

Evidently, todays’ truckload driver is the exception to the rule. The study by Cass Information Systems in 1999 for the ATA, shows the average truckload driver earned about $41,600. Bob Costello, VP
& Economist for the ATA revealed that last year, the average truckload driver earned about $39,000.
That is a 5% drop in actual dollar bills since 1999 (Not adjusted for inflation). By the way, in 1980 an LTL
driver earned about $28,000 per year and a truckload driver earned about $2,000 less. Year 2000 the LTL driver is at $72,000 and in 2015 the truckload drivers’ pay fell to $39,000.

But the real human resource catastrophe in the truckload sector is revealed when the productivity numbers are considered over the 35 years since the inception of a lie””regulation.

  •  1980 drivers pull 45′ long, 96″ wide trailers
  • 2015 drivers pull 53′ long 102.3″ wide trailers
  •  A 15% increase in volume in just length, not considering the 6%
    gain in width with full loads.
  •  1980 maximum national gross weight limit: 73,280 Ibs.*  2015 maximum national gross weight limit: 80,000 Ibs.
  • 8% increase in productivity per load

*   1980 –  Driver was only allowed to log 10 Hr driving before taking
his required 8 hr break.

*   2000 –  Driver now has 11 Hr driving before break.

  •  A 10% increase of productivity per shift

*   1980– Driver maintained his 70 hr 8 day log recap which only
allowed him a legal maximum of 70 Hr over 8 days “On Duty” time
to work.

*   2000- Driver now has the 34Hr restart rule. This rule now allows a
driver approximately 84 Hr of legal “On Duty” time to work in the
same 8 days.

  •  17% increase in productive work hours per week.

1980 a majority of the nations’ drivers work under a national
Teamster contract requiring all work/time performed on the job
be compensated. The maximum hours a driver could work was 70
hrs in 8 days.   Also, these employers required all this time to be
legally logged as “On Duty Driving” or “On Duty Not Driving” as
required by CFR 395.  Violations for falsifying logs-TERMINATION

Driver Pay

$38,618 annually in 1980. When adjusted to 2015 dollars = over $111,000

2015 Truckload drivers paid only miles run. A study in 1998 by
Martin Labbe Assoc commissioned by the Truckload Carriers Assoc. reveals truckload drivers spend about 40 Hrs. per week waiting loading and unloading.
Logging Hours- Todays’ trucking management calls this “resting in the truck time”, therefore, “Off Duty”.
The safety and driver health tragedy is that this 40 Hrs is now in addition to the 84 hrs of legal “On Duty” time.  Not only that, but the truckload driver donates (ie. NOT PAID) this 40 Hrs and more, because there are other “On duty Not Driving Chores/Time” that at the direction of truckload management a driver also logs “Off
Duty“, “Sleeper Berth” to the economy.

WHAT TRUE PATRIOTS AMERICAS’ TRUCKLOAD DRIVERS ARE.!
WHAT OTHER GROUP OF AMERICAN EMPLOYEES DONATE OVER 40 HRS A WEEK, EVERY WEEK TO THE AMERICAN ECONOMY!!!

  •   Now we have proven that in 2015, using the truckload industries
    own numbers, that todays’ drivers are working at the direction of
    their employers 44% more hours per week in 1980.

1980Again national speed limit 55 mph. Can only log 50 mph average.

2015 – Variety of speed limits anywhere from 55mph to 80 mph.
Think California is only remaining 55 mph state. Oregon soon
going to 65.  Just a guess, but just watching truck traffic, I believe
we could assume about a 65 mph log average.  I often log avg 65
mph, but I do employ the higher horsepower equipment to
comfortably achieve this average. Fuel mileage is offset by higher
per hour revenue. Safety, as always, when conditions permit. (I
have over 5 million miles safe driving in 50 yrs). This 65 mph avg
of course does not include the large truckload carriers that often
employ minimally experienced drivers.

Another 23% increase in per log hour productivity.
Let’ s analyze this value.

  • 1980 – Old 50 mph avg X 70 log hrs per week = 3,500
    miles per week of capital utilization.
  • 2015 – New 65 mph avg X 84
    log hrs per week = 5,460 miles of capital utilization.

No not done yet! Truck Driver Productivity still increasing for Lower wages

  • 1980 – Running 250 hp engines obtaining 3 mpg fuel mileage.
  • 2015 – Running 500+ HP engines obtaining 7 mpg fuel mileage

 A 233% increased fuel efficiency!

If the answer to increasing ones’ prosperity is to be more productive then Americas truck drivers are more than earning their way! But where is the prosperity for the productivity?

Unless! The human resources that are manning todays trucks are_
 nothing more than human collateral in a commodity market!

Then this increase in productivity is really an increase in the availability of human capacity relative to demand!

” If this is true, and I believe it is then there is no honest respect for the human resource, much less the professional recognition because in a commodity driven business, the so called professional driver has no more value than a bale of hay!”

Jerry Fritts
50 year Safe Driver
Cordova, Tn

RELATED POSTS

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How Trucking Went From One of the Best Jobs in America to One of the Worst

Trucker pay has plummeted in the last 30 years, analyst says

 

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Truck Parking for OSA Listening Session

May
4,
2016
0
PRESS RELEASE FOR IMMEDIATE USE.

 Truckers for a Cause

 

Truck Parking for Obstructive Sleep Apnea (OSA) Listening Session

 

There is interest from over the road drivers in attending the FMCSA listening sessions on Obstructive Sleep Apnea scheduled May 12, 17 and 26, 2016.

FMCSA and FRA to Host Public Listening Sessions on Obstructive Sleep Apnea among Commercial Motor Vehicle Drivers and Rail Workers –

Unfortunately all three of the locations are downtown and none has truck parking in the area. HOWEVER
Truckers for a Cause, a support group for drivers with Sleep Apnea, has researched available truck parking and access via public transportation to the listening sessions. Information for all three sites is available at Truckersforacause.com. There is a Share a Ride sign up option on the site.

There also is a Facebook Group 2016 CMV Listening Session 4 Obstructive Sleep Apnea established to allow drivers to exchange information on ride, taxi, or Uber sharing.
 
This information is the best available from drivers familiar with the area.
It is NOT approved or provided by FMCSA.
 
For more information contact.
Bob Stanton (630) 715-1319
Truckerdad57@sbcglobal.net
 
Bob Stanton
(just a truck driver with sleep apnea)
(630) 715-1319
Those who cannot attend the meeting in person can view a live webcast and will be given a chance to submit comments online that will be read aloud at the sessions. FMCSA will post specific information on how to participate via the webcast .

****************************

FMCSA

FMCSA

This Proposed Rule document was issued by the Federal Motor Carrier Safety Administration (FMCSA)

Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea; Public Listening Sessions

Summary

FMCSA and FRA announce three public listening sessions on May 12, 17, and 25, 2016, to solicit information on the prevalence of moderate-to-severe obstructive sleep apnea (OSA) among individuals occupying safety sensitive positions in highway and rail transportation, and of its potential consequences for the safety of rail and highway transportation. FMCSA and FRA (collectively “the Agencies”) also request information on potential costs and benefits from possible regulatory actions that address the safety risks associated with motor carrier and rail transportation workers in safety sensitive positions who have OSA. The listening sessions will provide interested parties an opportunity to share their views and any data or analysis on this topic with representatives of both Agencies. The Agencies will transcribe all comments and place the transcripts in the dockets referenced above for the Agencies’ consideration. The Agencies will webcast the entire proceedings of all three meetings.

Dates

The listening sessions will be held on:

  • Thursday, May 12, 2016, in Washington, DC;
  • Tuesday, May 17, in, Chicago, IL; and
  • Wednesday, May 25, in Los Angeles, CA.

All sessions will run from 10 a.m. to noon and 1:30 p.m. to 3:30 p.m., local time. If all interested parties have the opportunity to comment, the sessions may conclude early.

For more info and to comment (Comment period ends June 8th)

The 20 questions in FMCSA’s sleep apnea ANPRM ( as a guideline only)
1.
What is the prevalence of moderate-to-severe Obstructive Sleep Apnea (OSA) among the general adult U.S. population? How does this prevalence vary by age?

2. What is prevalence of moderate-to-severe OSA among individuals occupying safety sensitive transportation positions? If it differs from that among the general population, why does it appear to do so? If no existing estimates exist, what methods and information sources can the Agencies use to reliably estimate this prevalence?

3. Is there information (studies, data, etc.) available for estimating the future consequences resulting from individuals with OSA occupying safety sensitive transportation positions in the absence of new restrictions? For example, does any organization track the number of historical motor carrier or train accidents caused by OSA? With respect to rail, how would any OSA regulations and the current positive train control system requirements interrelate?

4. Which categories of transportation workers with safety sensitive duties should be required to undergo screening for OSA? On what basis did you identify those workers?

5. What alternative forms and degrees of restriction could FMCSA and the Federal Railroad Administration (FRA) place on the performance of safety-sensitive duties by transportation workers with moderate-to-severe OSA, and how effective would these restrictions be in improving transportation safety? Should any regulations differentiate requirements for patients with moderate, as opposed to severe, OSA?

6. What are the potential costs of alternative FMCSA/FRA regulatory actions that would restrict the safety sensitive activities of transportation workers diagnosed with moderate-to-severe OSA? Who would incur those costs? What are the benefits of such actions and who would realize them?

7. What are the potential improved health outcomes for individuals occupying safety sensitive transportation positions who would receive OSA treatment due to regulations?

8. What models or empirical evidence is available to use to estimate potential costs and benefits of alternative restrictions?

9. What costs would be imposed on transportation workers with safety sensitive duties by requiring screening, evaluation, and treatment of OSA?

10. Are there any private or governmental sources of financial assistance? Would health insurance cover costs for screening and/or treatment of OSA?

11. What medical guidelines, other than those the American Academy of Sleep Medicine guidance the Federal Aviation Administration currently uses, are suitable for screening transportation workers with safety sensitive duties that are regulated by FMCSA/FRA for OSA? What level of effectiveness are you seeing with these guidelines?

12. What were the safety performance histories of transportation workers with safety sensitive duties who were diagnosed with moderate-to-severe OSA, who are now successfully compliant with treatment before and after their diagnosis?

13. When and how frequently should transportation workers with safety sensitive duties be screened for OSA? What methods (laboratory, at-home, split, etc.) of diagnosing OSA are appropriate and why?

14. What, if any, restrictions or prohibitions should there be on transportation workers’ safety sensitive duties while they are being evaluated for moderate-to-severe OSA?

15. What methods are currently employed for providing training or other informational materials about OSA to transportation workers with safety sensitive duties? How effective are these methods at identifying workers with OSA?

16. What qualifications or credentials are necessary for a medical practitioner who performs OSA screening? What qualifications or credentials are necessary for a medical practitioner who performs the diagnosis and treatment of OSA?

17. With respect to FRA, should it use Railroad MEs to perform OSA screening, diagnosis, and treatment?

18. Should MEs or Agencies’ other designated medical practitioners impose restrictions on a transportation worker with safety sensitive duties who self-reports experiencing excessive sleepiness while performing safety sensitive duties?

19. What should be the acceptable criteria for evaluating the effectiveness of prescribed treatments for moderate-to-severe OSA?

20. What measures should be used to evaluate whether transportation employees with safety sensitive duties are receiving effective OSA treatment?

 If you need Sleep Apnea testing or equipment, Truth About Trucking fully endorses CPAPAmerica .
Their quality, compliance, and affordability is second to none.

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