driver safety

Positive Drug Tests in Drivers on the Rise–What This Means for Driver Shortage

October 15, 2021 by Levinson and Stefani Leave a Comment

The Federal Motor Carrier Safety Administration Drug & Alcohol Clearinghouse has released a new summary report showing that through August 2021, the number of positive drive drug tests has risen by around 13%.

The most commonly-found drugs in these tests were marijuana, cocaine, and methamphetamines, the majority of which being for marijuana. For all violations found by the FMCSA, 82% were for positive driver drug tests–a number that has reached 95,740 since the clearinghouse first went into effect in 2020.

Around 70,000 drivers are still in “prohibited driving status” following these positive tests, which has many industry experts worried that those drivers may leave trucking altogether and worsen the long-term driver shortage.

“The greater prevalence of drug testing violations is concerning, and jeopardizes the safety of our roadways,” said spokesman for American Trucking Associations, Sean McNally. “In light of states’ continuing liberalization of marijuana laws, we encourage the federal government to increase attention on research on marijuana impairment, develop a national enforceable impairment standard, and look at ways to develop appropriate levels of highway safety.”

A study on marijuana use and its relation to roadway injury and fatalities was conducted earlier this year by the Insurance Institute for Highway Safety and found mixed results regarding whether or not marijuana use itself is causing more highway accidents following the continuing legalization of the drug.

“The estimated increases in injury and fatality rates after marijuana legalization are consistent with earlier studies but they were not always statistically significant, and the effects varied across states,” said the institute in its study. “However, this is an early look at the time trends, and researchers and policymakers need to continue monitoring the data. National, state, and local governments considering changes to their marijuana policies should be cautious, proceed slowly, and take note of the lessons learned from these initial experiences.”

However, the data found in this study has researchers still unclear on the relation between recreational marijuana usage and roadway crashes.

“Legalization of the recreational use of marijuana was associated with a statistically significant 6.6% increase in injury crash rates and a non-significant 2.3% increase in fatal crash rates,” the study continued. “In contrast, the subsequent onset of retail marijuana sales–three to 18 months later depending on the state–did not elicit additional substantial increases to injury or fatal crash rates.”

If the legalization of marijuana is causing more drivers to be taken off the roads, it will of course be frustrating to see such changes further exacerbate the current driver shortage. However, the focus here should be steadily on improving overall road safety.

“My take is that there is a driver shortage, and frankly a labor shortage, that we see in many sectors,” said Levinson and Stefani’s Ken Levinson. “We see it in local restaurants, we see it in law firms, and we see it in the trucking industry. But, when the stakes are so high, and when professional drivers are operating 80,000 pound vehicles that can cause such devastating harm, we can’t let safety measures slip.”

Buckling down on these safety measures entails more than just ensuring drivers avoid drug use while on the road, Levinson added.

“This includes ending any driving under the influence of drugs, not hiring unqualified drivers, and not lowering the age for commercial drivers,” he said. “I get that there is economic pressure, and I understand the labor shortages, but the consequences are just too high. There are certainly a lot of industries and businesses I can imagine where the stakes aren’t quite so high in terms of safety and loss where you could maybe lower the standards, but professional driving is not one of those industries.”

With much of the country’s economic wellbeing weighing heavily on the shoulders of truck drivers throughout the pandemic era, some industry experts wonder if that added pressure may be causing them to turn to drug use to work longer hours or stay alert more easily.

“I think there’s a lot of pressure on drivers, and there are a lot of sick drivers, that are given a lot of mandates by trucking companies that almost encourage them to be unsafe, drive too many hours, and cut corners,” explained Levinson. “That’s why we need to be ever-so-diligent in making sure that trucking companies don’t skirt around safety regulations. It’s just that the consequences are so great.”

‘Nuclear Verdicts’–Is This Terminology Offensive to Truck Crash Victims Winning Verdicts? Ken Levinson Weighs In

October 13, 2021 by Levinson and Stefani Leave a Comment

A recent story in the ABA Journal looked into a personal injury case that “sent a message to the trucking industry” and drew widespread attention. In the case, a semitrailer truck driver avoided a slowed-down passenger vehicle during a rainstorm and caused a pileup, and the article pointed to the latest increase in truck-involved roadway crashes and the verdicts that usually follow.

This article comes as many other similar pieces regarding “nuclear verdicts” make their way through the internet news cycles.

“There’s a huge increase in truck crashes that cause injury and death, and the trucking industry has not done nearly enough to hire safe drivers and train their drivers on avoiding crashes and not harming the public,” explained Levinson and Stefani’s Ken Levinson, when asked for his take on the article. “The trucking companies and their insurance companies have taken verdicts out of context and used them as pure propaganda. They came up with a term–‘nuclear verdicts’–and it’s similar to what the industry has done for decades: using loaded language to impact a jury.”

Levinson explained that this term really holds no meaning, as those injured in these major crashes deserve all the funds awarded to them when they win their cases to pay for items such as medical bills and other expenses.

“It’s really based on a falsehood–these people believe in jury verdicts when the jury sides with them, and frankly, any time a jury awards what it feels is appropriate compensation, they use that as a weapon against victims and survivors of crashes,” he said. “My take of this article and of this case is that they’re using this terminology as a weapon–they always use terms like ‘small mom and pop trucking companies that aren’t able to survive,’ when on the other hand, when there’s any type of legislation to protect victims and increase insurance limits, they oppose those.”

If trucking insurance premium minimums were to increase, more people would be protected against unsafe trucking companies.

“We have minimum insurance when we drive our cars, and right now, the trucking minimums have not increased in decades,” he noted. “They haven’t kept up with costs of inflation, or medical costs, or other expenses that survivors and their families incur. So, they can’t have it both ways. They can’t say trucking companies aren’t going to make it while not requiring more insurance coverage to help victims.”

Even though these trucking companies often complain about any potential rise in premiums, they often aren’t as costly as expected, Levinson explained.

“Don’t they want to help people who were in a catastrophic crash or get killed in a crash caused by one of their drivers?” he asked. “It’s really borderline-obscene to not want to take care of people who are harmed so seriously. I know that for me, if I’m in a car and–god forbid–something happens, I want to be able to take care of the other person. I want to take care of their medical bills, their loss of income, and I want to do the right thing. I’m not sure the trucking industry is so hellbent on doing that. Not all trucking companies feel that way, but as an industry, they’re not willing to help those who are harmed.”

In articles like the ABA’s, attorneys who are quoted regarding these kinds of verdicts often point to juries being desensitized to the large amount of funds awarded in these cases.

“They put one attorney in this article saying that juries aren’t understanding the true value of money, and that’s insulting to hard-working, honest jurors who pay attention and have a different view of a trucking company that harms people,” said Levinson. “It’s belittling, it’s insulting, and it’s shameful.”

When these cases go to a jury, the attorneys representing trucking companies also tend to complain about the little faith they have in the opinions of jurors.

“It’s almost like saying they don’t trust people to vote in a democracy,” said Levinson. “Are elections always won by the best candidate? No, but it’s the best system we have and, similar to a jury system, both sides are represented by very well-experienced, competent attorneys, and they can hire any expert they want to help present their case. Sometimes, the jury might not agree with your side, but but if you believe in the constitution and our system of laws, you must believe in the jury system. It’s not perfect, but it’s the best system in the world.”

Overall, the kinds of terminology trucking companies often use regarding the large verdicts granted in these cases shows that they may not care whether the injured victims get the financial coverage they need and deserve–and worse, that they don’t care whether the safety culture within the trucking industry is finally made to change for the better, Levinson said.

“It’s always interesting how they always use highly-charged terms, like ‘jackpot venture’ or ‘nuclear verdict,’” he explained. “Clearly they don’t want to step up and be held accountable for how their wrongful conduct harms people, instead of taking responsibility and saying, ‘We want to do the right thing and protect people that we’ve harmed,’ they shirk responsibility and come up with these highly-charged terms to taint the system, and that’s offensive.”

Boosted Efforts by New Safety Coalition Aim to End Distracted Driving

October 5, 2021 by Levinson and Stefani Leave a Comment

A new national coalition will now focus on lowering the number of distracted driving-related accidents throughout the country more strongly than ever.

Various safety organizations launched the National Distracted Driving Coalition as a clearinghouse for state and local safety groups, an effort that will work to progress new legislation related to distracted driving behaviors and boost collaborative efforts that aim to raise awareness into these kinds of risky driving practices.

“Distracted driving kills thousands in the U.S. every year,” said the National Transportation Safety Board last month in a tweet. “During the National Distracted Driving Coalition launch, Vice Chairman [Bruce] Landsberg urged the public, community leaders, and industry to get engaged and involved in the fight to end distracted driving.”

The coalition of more than 100 members will work toward improved enforcement, data collection, and public education as a method of increasing safe driving behaviors.

“Every few hours, a life is lost on the nation’s highways due to distracted driving,” said Landsberg. “In no other mode of transportation would we accept the kind of carnage that we have on our highways.”

Along with NTSB, other main committee groups include the National Highway Traffic Safety Administration, the Federal Motor Carrier Safety Administration, American Trucking Associations, the National Sheriffs’ Association, the Governors Highway Safety Association, and the Insurance Institution for Highway Safety.

“We know that ensuring safe driving behavior is key in improving highway safety, and perhaps no action would do more for the cause of safety than reducing distractions for drivers,” said President of ATA, Chris Spear. “America’s truckers see motorists on their phones while driving countless times a day, and if a driver is focused on a text or call, we know they aren’t focused on driving safely.”

ATA also noted the vitality of accurate data in order to properly measure the extent of distracted driving behavior issues. The group also shared that it would prioritize the preparation of legislative briefs to help move along new related bill measures.

“Distracted driving kills thousands and injures hundreds of thousands in the United States every year,” NTSB’s Landsberg added. “States are making some progress addressing this public health problem, but no state has implemented NTSB recommendations calling for a ban on the use of all personal electronic devices while driving except in [the] case of emergency.”

Distracted driving initiatives should also be approached with the same vigor as initiatives working to bring an end to driving under the influence of drugs and alcohol, noted Drive Smart Virginia’s executive director, Janet Brooking.

“When we fund impaired driving programs, we should also be funding distracted driving programs,” she said. “When we make strong impaired driving laws with great ease, we should also be able to advance distracted driving legislation.”

StopDistractions.org CEO Jennifer Smith agreed, noting that distracted driving tends to be overlooked when analyzing driver behavior-related accidents.

“When we talk about the rising number of crashes, we hear about speeding, seat belts, and impaired driving,” she said. “But distracted driving is not mentioned. Have we given up? Is it too hard? Is it inconvenient? Why are we not doing as much as were back a decade ago?”

In regards to studies that have been conducted regarding distracted driving, driver inattention is typically directly related to a higher risk of crashing–especially with events that cause a driver to do something physically in the vehicle while looking away from the road, explain Virginia Tech Transportation Institute research scientist, Charlie Klauer.

“We are very proud to be a part of this coalition to assist in this very multi-pronged approach to reduce fatalities and injuries on our roadways that are due to distracted driving,” Klauer said.

Committee member Representative John Carson of Georgia helped pass a cellphone bill in 2018 that called for hands-free phone usage only for a driver in a moving vehicle, and has been working with legislators in many other states to urge them to do the same.

“In addition to state law, what we want to do is change the culture,” explained Carson. “Years ago, driving while intoxicated by alcohol was not as socially taboo as it is today. That’s where we want to get to with regard to distracted driving.”

Recalled CPAP Machines Bring New Obstacles for Drivers With Sleep Apnea

October 2, 2021 by Levinson and Stefani Leave a Comment

Continuous positive air pressure machines are under review by the Federal Motor Carrier Safety Administration’s medical review board in regards to a voluntary recall of the technology and the new uncertainties brought with it.

Truckers utilizing these machines may be at risk for significant health complications. The voluntary recall, which was announced at the end of June by the U.S. Food and Drug Administration on its website, claimed that certain CPAP machines may increase high chances of risk to those with sleep apnea due to potential chemical and debris exposure during usage. CPAP machines are meant to help in the treatment of obstructive sleep apnea–an affliction many truck drivers suffer from that causes difficulties in breathing properly during sleep.

Specifically, the FDA noted that its safety announcement was meant for those using Philips Respironics ventilators, CPAP, and BiPAP machines, alerting them that this particular brand had recalled some of its products. Those who use these machines would need to reach out to their health care providers for advice and other possible treatment solutions, the FDA added.

“The polyester-based polyurethane sound abatement foam, which is used to reduce sound and vibration in these affected devices, may break down and potentially enter the device’s air pathway,” said the FDA in its announcement. “If this occurs, black debris from the foam or certain chemicals released into the device’s air pathway may be inhaled or swallowed by the person using the device.”

In fact, many users had complained about particles and black debris appearing in the products’ airways–debris which was seen throughout the devices’ tubing, masks, humidifiers, and the device outlets, said Philips Respironics at the time of the recall.

“Philips also has received reports of headache, upper airway irritation, cough, chest pressure, and sinus infection,” the company noted. “The potential risks of particulate exposure include: Irritation (skin, eye, and respiratory tract), inflammatory response, headache, asthma, adverse effects to other organs (e.g kidneys and liver), and toxic carcinogenic effects.”

The possible risks of off-gassing chemical exposure also include dizziness, hypersensitivity, nausea, and vomiting, added the company. In July, the issues with Philips’ devices earned the classification of the most serious recall specification–a Class I recall.

“These issues can result in serious injury, which can be life-threatening, cause permanent impairment, and/or require medical intervention to preclude permanent impairment,” said the company in its initial voluntary recall announcement.

Fortunately, there have been no death reports resulting from these potential issues.

“We are treating this matter with the highest possible seriousness, and are working to address this issue as efficiently and thoroughly as possible,” said Philips Respironics. “The company has developed a comprehensive plan to replace the current sound abatement foam with a new material that is not affected by this issue, and has already begun this process.”

FMCSA will now urge the medical board to determine the best methods of helping its National Registry of Certified Medical Examiners, as well as CPAP-using truck drivers, to find new options for drivers in need of these kinds of devices, said an agency spokeswoman. However, FMCSA is not yet aware of the number of truck drivers using Philips CPAP machines, specifically.

“While FMCSA regulations do not specifically address sleep apnea, they do prescribe that a person with a medical history or clinical diagnosis of any condition likely to interfere with their ability to drive safely cannot be medically qualified to operate a CMV in interstate commerce,” added OccuMedix president and chief Natalie Hartenbaum, who wrote an article on these recalls. “However, most cases of sleep apnea can be successfully treated. The most common treatment is the CPAP machine. But, what if drivers can’t use their CPAP [machines]?”

Nearly 28% of commercial drivers have sleep apnea, Hartenbaum noted.

“It’s scary because sleep apnea is a health risk to drivers in terms of drowsiness,” said OccMed corporate director of medical surveillance and medical review board member, Brian Morris. “There have been high-profile accidents for people involved with drivers with sleep apnea that were not treated properly. We may have to step away and not enforce CPAP use if the equipment has serious health risks.”

NTSB Chairman Calls for Road Safety Mindset Changes; $76 Million Granted to CMV Safety Projects

September 27, 2021 by Levinson and Stefani Leave a Comment

“The current approach, which favors automobiles and punishes only drivers for crashes, is clearly not working,” said Jennifer Homendy, the new chairman of the U.S. National Transportation Safety Board, in regards to the current methods of analyzing roadway safety. “If we are going to get to zero [crash deaths], we will have to do something different.”

Homendy, who was nominated for her position by President Biden, has prioritized efforts to update the ways governments and organizations take highway safety into account, believing that individual driver actions and behaviors are not what need the most attention. With 38,680 roadway deaths in 2020 and 8,700 commercial motor vehicle-involved fatalities in the first quarter of this year (an increase of 10.5% although vehicle miles traveled dropped during the pandemic), major updates are clearly necessary, Homendy explains.

For example, the current “Safe System Approach” to road safety focuses on drivers’ speeding, but Homendy points out that this system as a whole may be what needs the most focus. In fact, during the Governors Highway Safety Association conference in Denver this month, she raised the question of whether or not “ill-conceived” federal regulations and guidance have caused state speed limits to rise, as well as whether or not particular road designs allow for or provoke speeding. In addition, she questioned if states should be able to revoke local authorities’ power to lower speed limits, as well as the power of “manufacturers who design vehicles that can exceed 100 miles per hour or that have no speed limiters.”

In addition to speed limitations, Homendy stated that impaired driving laws need stricter enforcement, although this enforcement won’t be the sole reason highways may become more safe.

“The carnage on our roads has to stop,” she added. “You know it, and I know it.” In her presentation at the conference, she urged governors, vehicle manufacturers, public health officials, road designers, and transportation providers to work toward new, innovative methods of bringing higher levels of safety to the nation’s roads.

In regards to commercial vehicle safety, the Federal Motor Carrier Safety Administration has granted more than $76 million to states and educational organizations for CMV safety improvement efforts–all 50 states, along with the District of Columbia, Guam, American Samoa, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands will all receive federal funding.

“Together, these grants represent the administration’s commitment to supporting strong state and local partnerships to reach our national goal of reducing commercial vehicle-involved crashes and saving lives,” said Meera Joshi, Deputy Administrator for FMCSA.

These grants come in the form of High Priority grants ($45.2 million), Commercial Driver’s License Program Implementation grants ($29 million), and Commercial Motor Vehicle Operator Safety Training grants ($2 million). High Priority grants will be utilized to boost commercial motor vehicle safety improvement programs and state technological advancement projects. Commercial Driver’s License Program Implementation grants will work to support state efforts to bring improvements to the current national commercial driver license program–a program that offers financial aid to states complying with driver’s license standards set forth by FMCSA regulations.

In spring of this year, FMCSA granted more than $305 million (as part of Motor Carrier Safety Assistance Program grants) in support of local and state law enforcement agencies working to deploy around 12,000 enforcement personnel. These workers collaborated in efforts to lower the severity and number of roadway crashes, as well as to lower the number of commercial motor vehicle-involved hazardous materials incidents.

Additionally, the largest grants this year awarded to state programs–so far–include $2 million allocated to the New York State DOT, the Michigan State DOT, the South Dakota DOT, and the Washington State DOT; $1.7 million to the Connecticut DMV and to the Oklahoma DOT; $1.5 million to the Wyoming Highway Patrol, $1.5 million to the Nevada Highway Patrol Division, and $1.5 million to the California Highway Patrol; $1.3 million to Indiana State Police; $1.2 million to the Indiana DOT and to the Arizona Department of Public Safety; $1.1 million to the Maryland Commercial Vehicle Safety Alliance; and $1 million to the Delaware DOT.

Trucker Fatigue Still Major Issue, But Cell Phone Distraction Has Decreased, New VTTI Study Says

September 23, 2021 by Levinson and Stefani Leave a Comment

“Hands-free cell phone use was found to be protective as it likely helps drivers alleviate boredom, while hand-held cell phone use was found to be risky as it takes the driver’s attention away from driving tasks,” a new study by the Virginia Tech Transportation Institute stated.

This study found that truck drivers were at a much higher risk of crashing when engaging in distracting actions like adjusting their mirrors, reaching for a snack or beverage, or even adjusting their seat belts, although activities like singing or talking while driving were not found to be a distraction.

Additionally, as compared to past studies, the overall usage of cell phones in a trucker cab was found to have significantly decreased in recent “naturalistic” research focusing upon driver fatigue and distraction.

In fact, “the eighth driving hour showed the highest rate of safety-critical event occurrence,” noted VTTI’s study, which aimed to determine the overall effects of drowsiness and distracting actions on big-rig truck driver safety. The study collected data from 182 trucks, 172 truck drivers, 73 motor coach drivers, and 43 motor coaches across seven different fleets, 10 different locations, and 3.8 million driving miles.

A “significant critical event” in the study pertains to four distinct outcomes–unintentional lane deviation, crash-relevant conflict, a near-crash, or an actual collision

In previous studies, researchers found that around 25% to 30% of crashes came as primarily a result of driver distraction. In Virginia Tech Transportation Institute’s new study, though, researchers determined that, due to their latest research methods, “it is commonly believed that the actual percentage of distracted-related crashes may be substantially higher.”

These updated ways of collecting more accurate data in more efficient ways has made all the difference in finding real safety issues in the trucking industry today, VTTI added.

“Naturalistic data collection and reduction has become the gold-standard method for investigating driver distraction as it allows researchers to see what a driver is doing just prior to a safety-critical event in real-world settings,” the institution said in its study.

Some of the study’s most vital findings include that truck drivers had a direct correlation between the time their eyes were taken off the road for at least two seconds and the amount of risk they had in being involved in a crash or near-crash; that the time of day and the length of a driver’s rest break may impact his or her overall driving behavior; that the time at which the driver begins a particular trip can have a particular effect on his or her fatigue; and that by diving deeper into the collected data regarding driver drowsiness, it was clear that fatigue levels are highest within systematic baselines between 1:00 A.M. and 6:00 A.M. for crashes or near-crashes in truck drivers who start their shifts in the early-morning hours and who have long trips starting at those times.

“Researchers, transportation officials, and the Federal Motor Carrier Safety Administration have all identified driver fatigue as a serious concern for vehicle safety and deemed it to be significantly associated with fatal commercial motor vehicle crashes,” said VTTI in the study. “Drivers have reported that they become fatigued from insufficient time spent recovering during off-duty times, work overload, not working according to their circadian [rhythms], disturbed sleep patterns, and the time sensitivity associated with the nature of their jobs.”

Other determinations made from the results of the study include that the first 10 driving hours for a trucker can be separated into: low significant critical event rate within the first hour, moderate significant critical event rate within the second hour, and high significant critical event rate within the third hour through the 10th hour; that most of the significant critical events took place in daylight when the driver was on a non-junction roadway, on a divided roadway, or in areas without many traffic jams (like an interstate), and while no adverse conditions were present; and that lower amounts of driver texting may show that individual carrier policies, public information campaigns, and local and national legislation changes regarding handheld cell phone use while driving have positively affected safe driver behavior changes throughout the industry.