Posts Tagged ‘trucking’

Highway regulators calling for better truck safety

Wednesday, January 28th, 2015

ntsb
Since 2009, fatalities related to large truck road accidents have increased by 17%. In 2013, that number rose to 3,964 fatalities, the fourth straight year of increases. This bucks the trend of vehicle-related fatalities overall, which have been steadily decreasing. Fatalities involving large trucks and buses represent about 4% of the overall annual vehicle-related fatality total.

The increase in fatalities has prompted the National Transportation Safety Board (NTSB) to call for tighter commercial trucking regulations.

Despite the annual uptick, NTSB says that more than 100 recommendations for improved truck safety have not come to fruition. And worse, instead of strengthening measures, it would appear that legislators rolled back safety-related regulations:

“Congress last year weakened regulations designed to reduce trucker fatigue. Lawmakers targeted a portion of a rule closing a loophole that kept some drivers from working 82 hours over eight days, according to Transportation Secretary Anthony Foxx. That provision won’t be enforced for at least a year as regulators conduct research to see if it had an unintended effect of forcing more trucks onto the road during rush hours. “

NTSB has included the need for a strengthening in commercial trucking on it 2015 Most Wanted List. Among some of the recommendations, NTSB says:

“Regulators have taken initial steps by maintaining science-based hours of service rules and are in the process of rulemaking mandating electronic logging devices that can help assure that drivers are adequately rested. Other important rulemaking initiatives include requirements to screen drivers for obstructive sleep apnea, other potentially impairing medical conditions, and potentially impairing drugs.”

Truck driver safety
According to the Bureau of Labor Statistics (BLS) truck drivers are six times more likely to be killed on the job than other workers. The trucking Industry is among the top 5 most catastrophic occupations. According to a 1992 article in the Journal of Public Health Policy:

“In the 1992 study, over one thousand long haul tractor-trailer drivers were interviewed by a research team over four months, and almost three-quarters of the respondents said they self-reported violations of Hours-of-Service rules. Two-thirds said they “routinely” drive more than legal weekly maximums. Those long hours in the driver’s seat lead to decreased attentiveness and heightened rates of fatigue, creating prime conditions for unwanted accidents and catastrophic injuries.”

One excellent resource for trucker safety is TIRES (Trucking Injury Reduction Emphasis), a research project developed by the SHARP program at the Washington Department of Labor & Industries. SHARP’s research shows that trucking has some of the highest claims rates and costs in the State of Washington.

In addition to a wide range of training and safety information, TIRES an excellent Keep Trucking Safe Blog that we’ll be adding to the sidebar.

Related

Health Wonk Review & other noteworthy news of the week

Friday, April 15th, 2011

Health Wonkery – At Health Business Blog, David Williams hosts a concise compendium of assorted health policy news at this week’s Health Wonk Review. He notes that judging by the quality and quantity of entries received for this edition, it’s a wonderful time to be a wonk. These bi-weekly digests are a good way to keep current on healthcare trends – important, given that the medical portion of comp is now accounting for more than half of every claim dollar.
OSHA’s residential fall protection upheld in court challenge – the U.S. Court of Appeals for the Seventh Circuit backed OSHA in a court challenge to its directive to require fall protection measures for residential construction. The directive faced a challenge by the National Roofing Contractors Association’s (NRCA), which sought to maintain an option for residential construction to use alternative protection measures that bypassed some fall protection requirements. Falls are the number one cause of fatalities in construction. BLS shows that about 40 workers are killed each year as a result of falls from residential roofs. “One-third of those deaths represent Latino workers, who often lack sufficient access to safety information and protections. Latino workers comprise more than one-third of all construction employees.”
Trucking & misclassification – The National Conference of Insurance Legislators adopted the Trucking and Messenger Courier Industries Workers’ Compensation Insurance Model Act to address employee misclassification. It would establish six standards, and employees that do not meet the standards would be considered employees. There was wide participation in formulating the standards. Parties offering input to the model law included state insurance and workers’ comp regulators, American Insurance Association (AIA), American Trucking Associations (ATA), Dart Transit Company, FedEx, International Brotherhood of Teamsters, Leadership Conference on Civil and Human Rights, Messenger Courier Association of America (MCAA), National Council on Compensation Insurance (NCCI), National Employment Law Project (NELP), Property Casualty Insurers Association of America (PCI), and United Parcel Service (UPS).
Social media – at Legal Talk Network, two respected & knowledgeable workers comp attorneys – Alan Pierce and Jon Gelman – join forces in a half hour podcast on Privacy, Clients and Social Media. Even if you aren’t an attorney, this is worth a listen. See Gelman’s related article: Facebook Becomes a Questionable Friend of Workers’ Compensation.
WC rate relief? – MarketScout reports that the commercial market is hardening, with workers comp rates either flat or rising. That is borne out in Massachusetts, where a deal was struck to keep rates flat until 2012. This puts a halt to the long-term trend of rate decreases in MA.
More transparency for OSHA rules process – Celeste Monforton at The Pump Handle calls the Obama administration on the carpet for a lack of transparency in safety rulemaking when it comes to meetings with industry representatives. “The President’s own Office of Information and Regulatory Affairs (OIRA) has hosted two meetings with industry representatives who are opposed to an OSHA regulation on crystalline silica, but OIRA fails to disclose these meetings on its website (screenshot 4/11/11.) This is the second time in as many occasions that this OMB office has failed the transparency test when it comes to extra-curricular meetings on OSHA rules. OIRA did the same thing last summer on OSHA’s proposed minor change to its injury recording log. Others have identified even more serious infractions by OIRA, but have yet to receive a response from the White House.
Reality TV – While we’ve been joshing about upcoming fictional portrayals of workers comp on TV, Roberto Ceniceros at Comp Time points us to an interesting case of reality TV catching mining safety violations in action. A spike TV program about West Virginia coal mining – created by the same folks who do the “dangerous jobs” series – revealed violations that prompted citations from Mine Safety and Health Administration inspectors. It’s an interesting story – Roberto offers the full scoop complete with links.
Legal matters – At LexisNexis Larson’s Spotlight offers another round of Five Recent Cases You Should Know About, with cases spanning the Going and Coming Rule, heat-related illness, a COPD claim, and more.
Disability redefinedComplex Care Blog keeps us updated on bionic legs and other miracles that demonstrate the power of the human spirit and technology to overcome the odds.
Kudos to NAIC – National Association of Insurance Commissioners (NAIC) 2010 Annual Report Pillars of Strength offers “a testimony to the fundamental strength of our national system of state-based insurance regulation.” NAIC has been actively involved in the Patient Protection and Affordable Care Act, including the creation of Medical Loss Ratios, a rate review process, and working with federal and state authorities to establish health care exchanges. The organization has also been active in financial regulatory reform, including a Solvency Modernization Initiative to update US insurance solvency framework, market regulation, and more. NAIC is also noted for its excellent consumer information and fraud awareness initiatives. This includes a great insurance primer for for owners of small companies and home-based businesses: Insure U for Small Business.
Of noteHR Daily Advisor features a great article on six ways attorneys will attack your investigation – not workers comp specific, but a good backgrounder of any potentially litigious employment situation.

Low clearance: truckers, this one is for you

Wednesday, January 19th, 2011


A website called 11foot8 videos chronicles “the good, the bad and the ugly” of low clearance truck accidents at a single Durham NC trestle bridge. While one might think this is the purview of inexperienced drivers and rental trucks, the videos don’t lie: professionals have had their share of accidents, too.
When professionals make a mistake, the results can turn deadly. In September, four people were killed when a bus crashed into a railroad bridge in Syracuse after deviating from the normal route. And even non-fatal incidents wreak havoc in terms of injuries, property losses, hazards to pedestrians and other drivers, and costly traffic tie ups. Here are photos of four serious nonfatal truck and bridge collisions
Prevention tips
Prevention might seem obvious to some, but approximately 5,000 bridge-truck collisions per year say otherwise. Here are some pointers we gleaned from the pros:

  • Plan route in advance and stay on route
  • Check atlas and or gps systems in advance
  • Keep atlases and gps systems up to date
  • Check with any state or major city DOTs (examples: NYC; TX); they often provide good information about the local area
  • Be religious about watching for and heeding signage
  • If on an unfamiliar route, check with other drivers about hazards
  • Talk to shippers and receivers on your route about nearby low clearance
  • When in doubt, don’t risk it

Additional Resources
America’s Independent Truckers Association (AITA) offers an online database of low clearance bridges with heights broken down by state.
For situations that might require escorts, AITA maintains a truck escort referral listing
This trucker forum discusses low clearance solutions.

Commercial drivers & medical certification (and other alarming commercial transportation safety matters)

Thursday, October 7th, 2010

On Mother’s Day in 1999, Custom Bus Charters’ bus driver Frank Bedell veered off a highway near New Orleans, killing 22 passengers and injuring 20 others. Just 10 hours before this trip, Bedell was treated at a local hospital for “nausea and weakness.” He had been treated at least 20 times in the 21 months prior to the accident, and 10 of those times involved hospitalization for “life-threatening” heart and kidney disease. You can read more about this horrific crash, which remains one of the nation’s deadliest bus crashes, at NOLA.com: Loopholes let sick man drive, safety board says. Also of interest: Breaking the law went with the job.
This accident brought the issue of the medical competence of commercial drivers to the public attention in a dramatic way. In its subsequent report of the accident after the investigation, The National Transportation Safety Board (NTSB) determined that “…the probable cause of this accident was the driver’s incapacitation due to his severe medical conditions and the failure of the medical certification process to detect and remove the driver from service. Other factors that may have had a role in the accident were the driver’s fatigue and the driver’s use of marijuana and a sedating antihistamine.
The incident and investigation prompted NTSB to issue Safety Recommendations revolving around medical certification of commercial drivers.
How are we doing today?
Nearly a decade later, how are these safety measures designed to protect the public from medically unsafe commercial drivers working out? Not too well, according to a recent investigative report by News21, which was published by MSNBC in the article Truckers fit to drive — if a chiropractor says so: “From 2002, when the recommendations were made, through 2008, the last year for which data is available, there were at least 826 fatal crashes involving medically unqualified or fatigued drivers, according to a News21 analysis of the FMCSA Crash Statistics database.”
The article paints a scary portrait of a driver medical certification program that is pretty broken. Truck drivers can pop into roadside clinics to pick up certifications issued after a cursory examination by almost any health professional. And that’s a good scenario – drivers can also download online certificates and fill them out themselves or ignore the requirement entirely. Forgeries are a common occurrence. Being caught without a certificate might result in a slap-on-the-wrist fine. While there have been calls for a national registry for medical certification of commercial drivers, the idea has made little progress. It will probably take the next big incident to ignite public outrage to motivate any change.
For a resource on current regulations, see the US Department of Transportation Motor Carrier Safety Administration’s Medical Programs, which includes medical regulations and notices, including drug and alcohol testing.
The News21 story on commercial drivers is the third part in a series of four articles that deal with transportation and public safety. Here are the others:

Part 1:
Driving While Tired: Safety officials are slow to react to operator fatigue:
“NTSB does not track fatigue-related highway accidents on a regular basis. But in 1993, the board commissioned a study expecting to learn about the effects of drugs and alcohol on trucking accidents. Investigators studied all heavy-trucking accidents that year and made an unexpected discovery: Fatigue turned out to be the bigger problem. NTSB Crash investigators said driver fatigue played a key role in a bus accident in Utah in 2008 that killed nine people returning from a ski trip.
The study found 3,311 heavy truck accidents killed 3,783 people that year, and between 30 percent and 40 percent of those accidents were fatigue-related.”
Part 2: Video in the cockpit: Privacy vs. safety
In 200, the NTSB added a recommendation for video recorders to be installed in commercial and charter planes to its “most wanted” list. Pilot unions and other groups have lobbied this safety measure. See this story’s sidebar article: Shhhh! Your pilot is napping
Part 4: Outsourcing safety: Airplane repairs move to unregulated foreign shops
“More maintenance has moved overseas. Airlines are not required to use regulated repair shops. Foreign repair stations can go five years between inspections, and even then are often tipped off that inspectors are coming. Manuals are in English, but not all the workers read English. Drug tests of workers are illegal in some countries.
A News21 analysis of Federal Aviation Administration data showed that about 15,000 accidents or safety incidents in all aviation travel can be attributed at least in part to inferior maintenance or repairs since 1973, when the FAA started keeping such records. In these accidents at least 2,500 people died and 4,200 were injured.”
Most wanted list: transportation safety improvements
The NTSB keeps a most wanted list of transportation safety improvements, in which it makes recommendations for critical safety improvements for various transportation sectors. Recommendations are designed to improve public safety and save lives, but many have been on the list for years. In some cases, individual states may have requirements, but these recommendations are national in scope. While issues on the “most wanted list” are pending, individual employers might use the list as best practice guidance for safety programs to limit exposure both for workers compensation and other liability issues that might arise from commercial transportation accidents.
You can find more reports on transportation and public safety at News21, “a national initiative led by 12 of America’s leading research universities with the support of two major foundations” with a purpose of furthering in-depth and investigative reporting. In 2010, one of the main areas of focus has been Breakdown: Traveling Dangerously in America.