No Truck Idle Risking Health and Safety of Truck Drivers PDF Print E-mail
Written by Allen Smith   
Thursday, 22 July 2010 08:41

Trucking companies are so concerned with the environment that they  have teamed up with the  Smart way EPA program, creating their own strict limited idling rules for their drivers. This program gives awards to companies that are most compliant and “eco friendly”, and many times you will see these company trucks proudly displaying their partnership with Smart Way, sharing their enthusiasm for caring for “Mother Earth” and fuel conservation….But here comes the truth….the other side of the coin.

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Truck Drivers DAC Report Unconstitutional PDF Print E-mail
Written by Allen Smith   
Thursday, 22 July 2010 08:09

Is the DAC Report unconstitutional?  The first ten amendments of the Constitution, which make up the Bill of Rights, include the amendment which requires that all citizens be provided with due process when either being accused of a crime or being penalized by another party for a civil matter.  The Bill of Rights....

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Mount Rose Truck Crash PDF Print E-mail
Written by David Jeffers   
Tuesday, 22 June 2010 18:15

 

A truck driver hauling lumber was killed after his truck apparently lost it's brakes on Mount Rose Highway near Incline Village Nevada on June 18, 2010. The driver used the gravel escape ramp designed precisely for this kind of emergency. The escape ramp however did not stop the truck, in fact the truck careened through the escape ramp and crashed into a home located beyond the far end of the escape ramp and burst into flames. Fire department personnel were unable to reach the driver and he died in the fire. Fortunately the one person in the home escaped uninjured.

This is not the first time this particular escape ramp has failed to stop a runaway truck, in fact there have been 3 prior incidents in the past 9 years where trucks using this escape ramp have been launched off the far end. Scott Magruder, spokesman for the Nevada Department of Transportation was quoted in an article by the Nevada Appeal -  “... We're confident this ramp will do its job to stop a truck”.

On Monday, Magruder said NDOT officials will evaluate the ramp to determine if it needs safety improvements; he said the department is waiting for a complete incident report before making any decisions because it should describe the weight and load of the vehicle, as well as what angle it hit the ramp.

When asked what possible improvements NDOT may consider, Magruder said the department will most likely lean toward the most cost-effective strategy, although he said nothing has been ruled out.

 

What is wrong with this?

Runaway ramps are suppose to stop a fast moving truck!

Let me repeat that:

RUNAWAY RAMPS ARE SUPPOSE TO STOP A FAST MOVING TRUCK!

If you think about it, most runaway trucks are fast movers, this is why runaway ramps are placed on long downgrades, to PREVENT a major accident in case of brake failure, mechanical malfunction or driver error. This accident should never have happened! Yes obviously something went wrong either with the driver or the truck, but the runaway ramp should have stopped the truck and not allowed it to pass through. Mr. Magruder says that NDOT is confident that the runaway ramp will do it's job? Obviously IT HAS NOT! Four trucks crashing through the end of the ramp is clear evidence of that. The statement by Magruder that "NDOT officials will evaluate the ramp to determine if it needs safety improvements" This sounds like lip service with little or no action intended. NDOT will use the most "COST-EFFECTIVE STRATEGY" sounds to me like safety isn't their highest concern.

Semi-trucks aren't the only large vehicles on the road anymore. Diesel Pusher Motor Homes which are built on large bus chassis are very heavy also and have the same type air-brakes that heavy trucks use. Will it take one of these large vehicles using this same escape ramp, possibly killing an entire family while on vacation to finally get the necessary safety improvements that are so desperately needed. Cynical as this sounds, unfortunately it takes a major loss of life before those in government take action.

To Scott Magruder and the NDOT officials: Take action NOW before anyone else loses their life. Safety should be your first concern, not cost-effectiveness. Start now not later. No matter what the results are from the accident investigation, the run-away ramp has failed to do what it was designed to do and it needs fixed NOW. That is YOUR duty and YOUR responsibility.


http://www.tahoedailytribune.com/article/20100624/NEWS/100629954

http://www.nevadaappeal.com/article/20100624/NEWS/100629865

http://www.nevadaappeal.com/article/20100621/NEWS/100629979/1070&ParentProfile=1058

http://www.mynews4.com/story.php?id=20492

http://www.mynews4.com/story.php?id=20830&n=122

http://www.rgj.com/article/20100622/NEWS/6220354/Three-other-trucks-had-crashed-through-the-Incline-truck-ramp

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After record-breaking run, Jazzy Jordan heads home to Minnesota PDF Print E-mail

 

Jasmine Jordan, fresh off her record-setting run across America, isn’t finished with her long-term goal. Though she is done running across the country, she says her cause – healthcare for truckers – will continue.

“I don’t want it to stop. I want people to keep donating to the St. Christopher Fund,” Jazzy said. “I’ve been thinking of ways, and I’ll keep thinking until I come up with something.”

Jasmine, who also goes by Jazzy, finished a 3,160-mile run from Los Angeles to New York by running into Times Square on Tuesday. Jazzy, 17, is the youngest runner to complete the transcontinental run. The daughter of OOIDA Members Lee and Paulette Jordan, Jazzy made a mission of raising money for the St. Christopher Trucker Development and Relief Fund, which helps truck drivers without medical insurance receive healthcare at reduced prices.

After finishing the run Tuesday, the Jordan family toured the bright lights of New York, shopping and even taking a brief limousine ride.

Reached by phone Friday on her way home to Minnesota, Jazzy said she can’t believe her nine-month journey is complete.

“It feels unreal; it hasn’t really hit me yet that I’m actually done,” Jazzy said.

Lee Jordan said the family is glad to be relieved of the pressure of running, mapping communities, public relations and day-to-day road living.

“Obviously, there will be a whole bunch of new pressures, but the running, the injuries, the pain – it’s so nice that all of that is over with,” he said. “Of course, she’s already chomping at the bit to start running again.”

Lee said Jazzy won’t be running until she’s had a CAT scan and been cleared by doctors.

“She’s a runner; what can I say?” Lee said.

Since leaving New York, Jazzy said she’s been thinking of ways she can help keep the St. Christopher Fund’s name in the news.

Dr. John McElligott, treasurer for the St. Christopher Fund, announced this week that the fund has helped more than 200 truck drivers and their families.

– By Charlie Morasch, staff writer
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SEE JAZZY at the finish line

 
Summer once again is coming - No relief for Truckers PDF Print E-mail
Written by David Jeffers   
Saturday, 01 May 2010 17:33

Once again the hot summer months are rapidly approaching, and yet more states have adopted anti-idling regulations. Enforcement has been increased due to budget shortfalls and the need for increased revenue. Where is the relief for the company employed truck driver?

Last January, IdleAire which was the only in-truck climate control alternative for drivers who's companies do not provide APU's has gone bankrupt and ceased operations. As usual OSHA and NIOSH seems to be ignoring the situation, and our elected officials keep signing these anti-idling laws all over the country. I can assure you that none of them sleep without heat or air conditioning. Maybe it's time to boot them out of office!

Currently the HOT political topic is "Driver Fatigue"! Ask yourself how much rest can a truck driver get while sleeping in an aluminum truck sitting in the sun with no air conditioner. There are some states that do allow idling during hot or cold weather. However others don't care about the safety or health of truck drivers at all. California does not allow a truck to idle past 5 minutes ever, no matter how hot or cold it gets. In California, it's not just a ticket, it can be treated as a major crime with civil and criminal penalties. Then you have Maricopa county in Arizona, which is one of the HOTTEST places in America - No Idling!  Some cities and counties in Colorado the penalty is fines up to $1,000 and/or 1 year imprisonment. Connecticut has fines up to $5,000 but does allow you to idle if it is less than 20 degrees, but no provision for summer heat. Some other places with zero tolerance for idling during summer are, Florida (after 9-30-2013); Atlanta, GA; Maryland; Massachusetts; Missouri; Nevada; New Hampshire; New York; Texas(many cities and towns including Dallas) and Virginia (in urban areas).

There are other states that only allow idling for 5-10 minutes per hour. I guess truck drivers have to wake up every hour to cool off the truck. How ridiculous is that?

If you live in one of these places, I encourage you to contact your lawmakers and ask them to change the law and allow the idling of trucks during hot weather so the A/C can be used while a driver sleeps. A good restful sleep is the best way to fight FATIGUE!

Below there is a link for PDF files with a list of the current idling laws by state. Please take a look. If you are a trucker, download the "cab card" version and keep it with you.

Here are this year's (2010) updated idling laws by state.

Idling Laws by State (full page)

Idling Laws by State (cab card)

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Sleep Apnea- A Smoke Screen for Many Truck Driver Fatigue Issues PDF Print E-mail
Written by Allen Smith   

by Allen Smith

Driver Fatigue and Sleep Apnea

Driver Fatigue is no stranger to the trucking industry. The FMCSA has performed studies in the past in order to better understand what causes driver fatigue and how to reduce it by correcting the major contributing sources.

Back in 1996, a 7 year study, The Commercial Motor Vehicle Driver Fatigue and Alertness Study (DFAS), was published by the FMCSA evaluating driver fatigue. At the time, Hours of Service was under review and many contributors to driver fatigue were considered.  The cost of this study was 4.45 million dollars. This is the Introductions written by the FMSCA concerning this study.

The Driver Fatigue and Alertness Study (DFAS) was the largest and most comprehensive over-the-road study ever conducted on driver fatigue and alertness in North America. It provides extensive information on the alertness, driving performance, and physiological and subjective states of commercial motor vehicle (CMV) drivers as they perform real-life, revenue-generating trips. This Executive Summary overviews the objectives, methods, principal findings, and safety implications of this landmark 7-year study.”

During this comprehensive study this is what was concluded in regards to the concerns of Sleep Apnea:

“Although this study was not designed to determine a population prevalence, analysis of subject sleep revealed that two of the 80 drivers (2.5%) had clinically-diagnosable apnea, a sleep disorder characterized by breathing cessations. The driving performance of these two individuals was not statistically different from that of other comparable drivers in the study.”

The Study concludes with:

ASSESSMENT OF RESULTS FOR FATIGUE MANAGEMENT:

There is no quick fix and no single solution to the fatigue problem. Sleep is the principal countermeasure to fatigue…. Partnerships among government, industry, drivers, safety groups, the scientific community, and shippers are needed for effective solutions to the commercial motor vehicle driver fatigue problem.”

On May 12, 2010, during the Sleep Apnea & Trucking Conference in Baltimore,  co-sponsored by the FMCSA and the ATA,  Anne Ferro, administrator of the Federal Motor Carrier Safety Administration, stated that fatigue-related crashes need to be reduced in the trucking industry.

In an article by Misty Bell of eTrucker , Mary Gunnels, director of the Federal Motor Carrier Safety Administration Medical Programs made the statement  “We know that fatigue is a problem,” she said, “and we know that sleep apnea is a major contributor to fatigue.”

Do we really know that sleep apnea is the major contributor?  Where is the data?

In that same article, Martin R. Walker, chief, FMCSA Research Division, pointed to the prevalence of sleep apnea in commercial truck drivers, noting that a study published in 2002 found that almost a third of CMV drivers have mild to severe obstructive sleep apnea. This study, along with a later study, found that older age and higher body mass index are two factors commonly linked with sleep apnea.

30% of drivers have mild to severe sleep apnea? How could that be? The 7 year study performed by the FMCSA didn’t come close to those figures?

I decided to look at the research, and this is what I came up with:

It appears that these figures and statements made during the Sleep Apnea & Trucking Conference of May 12, 2010 were possibly based on this study.  At least this is the only study I could find actual data on.

TECH BRIEF: Sleep Apnea Crash Risk Study

The study was conducted by the University of Pennsylvania  Sleep Apnea Study. The research was conducted during 1996 to1998. Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness. This study was completed to assess the risks of commercial motor vehicle (CMV) crashes due to the presence of sleep apnea among truck drivers.

Basically, this study involved 1391 drivers. The drivers were asked a series of questions, including their height and weight, sleep patterns, medical history, snoring, etc. This was used as a screening process to determine which drivers were most likely to have sleep apnea.  Out of the 1391 drivers, 406 were selected as a result of their questionnaire, to proceed with the overnight laboratory study in order to determine how many of them were accurately predicted to have sleep apnea.

The results were as follows:

64% or  260 of the  406 flagged for most likely to have sleep apnea had no sleep apnea.
21.2%
or 86 of the 406 flagged for most likely to have sleep apnea  had mild sleep apnea.
7.9% or32 of the 406 flagged for most likely to have sleep apnea  had moderated sleep apnea.
6.9%
or 28 of the 406 flagged for most likely to have sleep apnea  had severe sleep apnea.

Now, the above percentages and figures are for the 406 flagged drivers.  When you perform the calculations based on the group study of ALL 1391 Drivers, here are the results ( the calculation required to accurately represent and  determine % of ALL drivers):

2.0% or 28 of total 1391 drivers had severe sleep apnea  ( matches the 1st study by FMCSA- DFAS)
2.3% or 32 of total 1391 drivers had moderate sleep apnea
6.2% or 86 of total 1391  drivers had mild sleep apnea.

This would mean that only 4.3%  of drivers have moderate to severe sleep apnea. If you include mild sleep apnea, the % jumps to 10.5%

The following  statement in the report however is the most revealing of all:

“The results of the study showed that the prevalence rates of sleep apnea among commercial truck drivers are similar to sleep apnea rates found in other general populations.”  The study also revealed that the prevalence of sleep apnea depends on the relationship between two major factors – age and degree of obesity as measured by body mass index (BMI) – with the prevalence of sleep apnea increasing with increasing age and BMI. Another meaningful study finding showed that the prevalence of sleep apnea depends on the average duration of sleep over consecutive nights at home.  Short sleep duration, six hours or less per night, results in an increase in the prevalence of sleep apnea.”

Here’s that last statement again which has not been mentioned by the authorities and experts as a major source of sleep apnea,” Short sleep duration, six hours or less per night, results in an increase in the prevalence of sleep apnea.”

When you consider that the average OTR truck driver gets 5.2 hours sleep/night, then you have to wonder if it is the trucking industry lifestyle, behavior, and rules  which are major causes for driver fatigue and also for creating/inducing “driver  sleep apnea.”

The original hypothesis tested was the following: “A driver diagnosed with sleep apnea is more likely to be involved in a motor vehicle crash than a driver with no history or symptoms of sleep apnea, after controlling for differences in the other predictor variables included in the model.

Finally, the study concluded to say, No association was found between sleep apnea presence or severity and multiple crashes. This suggests that the commercial drivers in this study who were diagnosed with sleep apnea were not at increased risk for having more than one crash over the 14 year period prior to and following diagnosis…. Furthermore, there was no evidence from the data used in this study to suggest that crash risk is impacted before and after drivers are diagnosed with sleep apnea.”

There are many reasons for Driver Fatigue, and despite what many would like you to believe, lack of available sleep is the major cause.  Sleep Apnea appears to represent a much smaller percentage than what is being stated.  The data strongly suggests this.

Although sleep apnea is a real condition, it represents a much smaller percent of the driver population than the FMCSA and the ATA are suggesting.  To screen a driver by height and weight (BMI), and neck size ( 17 or greater) is not only discriminatory, but is ludicrous.  To force drivers to pay for the testing based on such information is simply wrong and unjust.  A serious look at other reasons for driver fatigue should be investigated.

On the other side of that coin, if you do believe you may have sleep apnea, then you should by all means be tested and start the treatment.

The FMCSA needs to create laws, ensuring that drivers are not sleep deprived rather that associate driver fatigue on the hype of sleep apnea.  It appears this is just a way to take the attention off of the real and valid reasons that drivers are fatigued, thus relieving the responsibility from carriers, shippers, and receivers who are all a part of depriving drivers from the rest they need. It’s also a way to deviate attention from the present HOS rules which need to be modified in order to aid in better and more rest for drivers.

Creating a sleep apnea testing program will be a BIG money maker for many as well as one more excuse to eliminate “undesirable” drivers from the industry.

© 2010, AskTheTrucker. All rights reserved.

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Truck Driver Pay - What is fair? PDF Print E-mail
Written by David Jeffers   
Monday, 26 April 2010 20:05

Lately I have seen alot of articles about how truck drivers get paid, and the relationship between poor pay and driving over the legal hours of service.

When I started driving most companies paid hourly for local drivers and percentage of the revenue for line drivers. Hourly pay has always been poor especially considering that federal and most state overtime laws do not apply to truck drivers. The laws to exempt truck drivers from overtime pay still applies today. Percentage pay generally is around 25% +/- of the gross revenue of the truck, however there are only a handful of companies who pay their drivers percentage pay today.

Now the pay standard for truck drivers is MILAGE PAY. Sounds simple right? Here is an example: A driver runs a load from Casa Grande, AZ to N. Las Vegas, NV. To follow the allowed truck routes avoiding crossing Hoover Dam he must drive 429 miles, great! So lets say he gets 36 cents per mile, that comes to $154.44 pay for the driver. If the company he works for pays "PRACTICAL MILES" that is most likely what he will get paid. However many companies pay "SHORT MILES" or "DIRECT ROUTE", for that same trip. The direct routing is only 360 miles, and the pay at 36 cents per mile is now only $129.60. The driver cannot drive the direct route because trucks are not allowed on Hoover Dam.

To add injury to insult many of the same companies who pay "SHORT MILES" also have a "SLIDING SCALE MILAGE PAY". In other words, the longer the trip is the lower the milage pay. For example, a load that runs 300 miles or less might pay 40 cents per mile, but a load that runs 2000 miles will only pay the driver 28 cents per mile. There usually are different increments in between. 1-100, 101-300, 301-600, and 601+. These are just examples, but the greatest pay is for the shortest trip, the pay goes down at each increment. The companies that do this don't generally advertise their pay scale or if they do, they advertise only the top pay leaving out the fact that their pay is sliding scale and that they pay only short miles.

Then there is the work that the driver gets little or no pay: Hours or even days at loading docks. Down time while the truck or trailer is broken down or sitting at a repair facility for days. Long layovers between loads sitting at a truck-stop away from home waiting for a dispatch. Chaining and un-chaining tires in snow. Even any minor repairs on the truck or trailer that the driver performs because it is faster than waiting for hours for a repair truck.

Now let's add to the driver's financial problems - He has to eat while away from home, right? The restaurants and fast food outlets at Truck Stops is generally higher than their counterparts in shopping centers. Other supplies are priced significantly higher than anywhere else. A Truck Stop or Travel Center is nothing more than an over-sized convenience store. Parking is limited also for semi-trucks, many large truck stops especially around metropolitan areas charge upwards of $15 for parking overnight. Other expenses like toll roads, scales, washer fluid, motor oil, and even truck washes are not reimbursed by many companies. Don't forget fines for just about anything under the sun. See the posts about New Jersey's snow clearing law, or the Fatigued Driver Checklist. Believe it or not, I personally have been fined for "NOT MAKING MY BED" cost $100. (I framed that one and it's on my wall at home)

I am not whining when I write this, just stating the facts. What is the solution? There is alot of talk in government, but I doubt there will be any action. Some people are proposing forcing hourly pay, but remember that overtime is exempted by law for truck drivers and if you look in the classified ads you will see that hourly pay for truckers is very poor.

If you look at labor laws, osha regulations, etc. you will find that the laws that protect your pay, safety, and health as a NON-TRUCKER are not in place for truck drivers. Yet the regulations we must follow are extensive and growing.

Again I ask, what is the solution? For starters I believe that the government should repeal the laws regarding the exemption of overtime pay for truck drivers. Trucking companies who pay milage pay should pay "Practical Route Miles" or "Hub Miles". The practice of paying on a decreasing sliding scale for milage should be made illegal. These small things would go along ways toward helping truck drivers to make an honest living without breaking any laws just to make ends meet.

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