public safety

FMCSA Gives Truckers One Million Masks During Pandemic

July 20, 2020 by Levinson and Stefani Leave a Comment

The Federal Motor Carrier Safety Administration is helping in the distribution of one million protective face masks to truckers throughout the country.

“We have all seen the incredible efforts that the nation’s commercial drivers are making each day to deliver goods and supplies to homes, businesses, and hospitals throughout America. With the help of our state partners and the motor carrier industry, these protected masks will help truckers remain safe and healthy while they continue to maintain our nation’s supply chain,“ said Jim Mullen, Acting Administrator for FMCSA.

The agency announced this initiative as a partnership with other industry groups, state representatives, and motor carriers. Masks have been provided by the Federal Emergency Management Agency.

“Under Secretary Chao’s leadership, the Department of Transportation has been supporting America’s truckers during this challenging time.” Mullen explained.

The FMCSA and its collaborators on this effort have planned to distribute 800,000 masks to truckers in: Arkansas, California, Georgia, Illinois, Indiana, Nebraska, New York, and Texas. The remaining 200,000 masks will be sent directly to motor carrier companies to give to their drivers.

“[American Trucking Associations] is pleased to be working with FMCSA and our state associations to help distribute masks to professional drivers,” said Sean McNally, ATA spokesman. “Access to [personal protective equipment] is an important part of keeping our supply chain and economy running, and we would like to thank Acting Administrator Mullen, Secretary Chao, and President Trump for their efforts to keep our drivers safe and healthy.”

FMCSA distributed 50,000 masks through the month of April in Illinois by working with the Illinois State Police and the Illinois Trucking Association. Distribution for these masks was set at travel center Lincoln Oasis (located at an overlap of interstates 80 and 294).

“Face masks have been difficult for many drivers to find, especially with Illinois’ new requirement for face coverings in public,” said Matt Hart, Illinois Trucking Association executive director. “These masks will provide truck drivers with additional protection during the coronavirus pandemic while they safely deliver the groceries and medical supplies that Americans need each day.

Mask distribution is also taking place in New York within heavily virus-stricken areas, such as the Bronx, Staten Island, and Sloatsburg Rest Area. In California, mask distribution is located at eight California Highway Patrol Field Divisions and at two additional points outside of Los Angeles.

“We thank the FMCSA for helping to protect the health of our nation’s truck drivers as they continue to deliver essential goods,” said Shawn Yadon, California Trucking Association CEO.

Additional areas of mask distribution include: the Social Hills Rest Area at Interstate 30 East/West and mile marker 93 in Arkansas, Interstate 75 Southbound at mile marker 179 in Georgia, rest areas at Interstate 70 Westbound (mile marker 107) and Eastbound (miler marker 65), Interstate 65 Southbound (mile maker 150) and Northbound (mile marker 72), and Interstate 94 Westbound (mile maker 43) in Indiana, Goehner Truck Parking Area Interstate 80 at mile marker 375 Westbound and Melia Hills Rest Area Interstate 80 at miler marker 431 Westbound in Nebraska, and Interstate 35 Northbound at mile marker 362A, along with multiple inspection facilities, in Texas.

In addition to these efforts, the FMCSA says it has taken further action in response to the COVID-19 pandemic to help support the country’s trucking industry and supply chain by releasing guidance regarding restrictions on movement–including shelter-in-place orders, as well as a guide regarding essential workers.

The guidance explains that essential workers include “employees supporting or enabling transportation functions,” including truckers, bus drivers, dispatchers, repair technicians, warehouse workers, truck stop workers, and rest stop workers, as well as DMV employees, towing services, roadside assistance workers, railroad employees, and maintenance crew. These workers, according to the guidance, should keep in mind that “truck drivers delivering needed supplies should stay in their vehicles as much as possible as supplies are loaded and unloaded,” as well as avoid being within six feet of others, and to use electronic receipts when possible. If truckers must stay in restricted areas to rest, “they should wash their hands frequently and practice social distancing to the extent possible.”

Click here for a full list of mask distribution areas, and here for more information on this guidance and what else FMCSA is doing to help trucking efforts in the pandemic.

U-Haul Refuses to Hire Nicotine Users

January 30, 2020 by Levinson and Stefani Leave a Comment

Starting February 1st, U-Haul will no longer bring any nicotine users onboard.

In a recent announcement, the moving and truck rental company said it will now refuse to hire nicotine users in the 21 states which legally allow that decision–citing the desire for a “healthier workforce” as the reason.

This nicotine-free policy is possible in states without protections for the rights of smokers. However, it won’t apply to employees hired prior to February.

In a news release, company chief of staff Jessica Lopez said U-Haul will be working toward fostering an overall new “culture of wellness.”

The states in which the new policy will take affect include: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Pennsylvania, Texas, Utah, Vermont, Virginia, and Washington.

Prospective applicants in these states, which allow companies to choose not to hire job seekers using nicotine, should expect to find information on the anti-nicotine policy on their applications and to be questioned about their use of nicotine, U-Haul said. In states where testing is allowed, applicants may also have to undergo nicotine screening to be hirable.

U-Haul said it is striving to encourage wellness among its employees, and is working on a new fitness center in one of its Arizona locations, as well as multiple wellness and fitness programs.

The company currently employs over 30,000 people throughout North America and will work toward helping its current nicotine-using workers with cessation assistance.

“In our continued efforts to enhance our wellness program and decrease health care costs, we have become more aware of the medical side effects of using nicotine and tobacco products,” said Lopez.

These products include vaping tools and e-cigarettes, in addition to traditional cigarettes, according to the policy. U-Haul company officials have also explained their inspiration from hospitals and other health-conscious businesses which are implementing nicotine-free hiring methods.

Alaska Airlines has had a no-nicotine policy in place since 1985 in order to help keep health care costs and health consequences lower.

U-Haul’s decision to follow suit comes soon after President Trump signed legislation raising the minimum age of those purchasing any tobacco or vaping products from 18 to 21.

However, while public health experts may be pushing for smoke-free lifestyles, they are torn on whether or not companies and employees will benefit from the new policy.

Michael Siegel, professor of community health services at the Boston University School of Public Health, said that U-Haul’s policy is misguided in terms of its approach to furthering wellness, as those who are addicted to nicotine may have trouble quitting and opt for nicotine-infused gum, patches, or lozenges. Nicotine replacement treatment is able to appear in nicotine-screening urine tests.

“Essentially, what that means is if you quit smoking and start using nicotine patches or nicotine gum or electronic cigarettes, you are not eligible to work for that company if you’re using nicotine replacement products,” he explained.

According to a survey by the Food and Drug Administration, around 7 percent of smokers can successfully quit smoking for at least six months to a year; however, the Mayo Clinic found that over 30 percent of smokers can quit fully with the help of a nicotine-replacement product.

“There are a lot of vices out there, and [these workers] have just chosen this one thing,” said Siegel. “[Banning it] is just kind of inappropriate.”

Lynn Kozlowski, University of Buffalo School of Public Health and Health Professions professor, wants U-Haul to note that some nicotine-infused products are more harmful than others–like cigarettes and cigars as opposed to smokeless tobacco.

Products like smokeless tobacco and nicotine products for vaping are less likely to contaminate public workplaces or affect work performance. Banning all nicotine products together causes U-Haul to look as if its policy is based on morals rather than health, Kozlowski argued.

“I bet if U-Haul were to look at [its] corporate office, [it has] a coffeepot going most of the time and people addicted to caffeine,” he said.

This begs the question, where does a trucking company–or any employer–draw the line between raising reasonable health standards and being intrusive?

According to Kevin Schroth, associate professor at the Rutgers School of Public Health, the company’s new rule could be deemed unfair to those who have fallen victim to the tobacco industry’s strong advertising techniques–which are aimed heavily at young people.

As of now, said Kozlowski, U-Haul’s policy announcement does not have nearly enough clarity for full scrutiny.

Who Pays When a Scooter Hits a Pedestrian?

July 22, 2019 by Levinson and Stefani Leave a Comment

Have you ever read your entire auto insurance policy? It’s become a joke in the digital age that people click “Agree” whenever they encounter “Terms of Service” online without ever reading a word of what they just signed off on. This could be because these policies are written in such a way that they are difficult to understand. They are also, admittedly, pretty boring. Insurance declaration pages are no different. These documents are sometimes many pages long and can require some background knowledge to fully understand.

Insurance policies are contracts between the person buying insurance and the company providing coverage. The consumer pays a premium and the insurance company agrees to pay a claim incase an incident occurs, such as a car crash or house fire. Even with highly trained, experienced lawyers drafting these agreements, disputes can arise about what the words in an insurance policy really mean. A somewhat famous contract dispute case in Canada in the mid-2000’s resulted in a phone company losing a million dollars over a misplaced comma.

So, when non-lawyers enter into a contract to buy insurance from one of the multi-million dollar insurance companies that advertise all over the media with their amusing animal mascots and memorable jingles, there’s a good probability that they don’t read what they are signing, or they aren’t sure what some of it means.

The new motorized scooter companies popping up all over major cities throughout the U.S. in the last few years are taking a different approach altogether. They really aren’t providing any insurance coverage at all. Therefore, if a person rents a scooter and hits a pedestrian, they may not be covered.

A person injured by a negligent scooter rider will inevitably have medical bills they need to pay. If that person has health insurance, depending on the nuances of the coverage, and the deductible amount, hopefully the net, out-of-pocket cost of treatment will be relatively small compared to the total amount of the bills. That doesn’t account for potential lost wages, pain and suffering, disability, or loss of normal life.

When you rent a car, you might be covered by your own insurance policy if you opt-out of the one provided by the rental company. If you’re hit by a car as a pedestrian because the driver was negligent, for people who purchase car insurance in Illinois, you can turn to the un-insured motorist coverage of your auto policy to recoup your damages if the driver was uninsured. Since scooter renters generally aren’t getting the option to buy coverage to take advantage of this new transportation fad, if they happen to hit a pedestrian or cause damage to a car, they’ll most likely have to pay the damages out of pocket. If they don’t have the money or assets to do so, they may be able to discharge their obligation to pay if they file for bankruptcy, leaving the victim to eat the cost of a harm they did not cause themselves.

The solution, of course, is for the scooter companies to provide insurance for their riders. Like the terms of service in the rental agreement itself, people may not read those policies. However, if something happens, victims of crashes won’t be left to pay their own bills. If the companies don’t decide, out of the kindness of their hearts, to voluntarily provide insurance coverage, legislators, either on a local municipal level, or in state capitals, should require them to do so.

As technology changes and new ways to get around start popping up, we have to make sure that lawmakers and the insurance industry fill gaps where we may not have anticipated them before. If this delays progress, so be it. Transportation should be reasonably regulated and as cost efficiently as possible to increase safety and to make sure there is a way to compensate people who are hurt if someone is negligent in operating a vehicle no matter how big or small it is.

As Nationwide Pedestrian Deaths Increase, Chicago Experiences a Decrease in Fatalities

June 27, 2019 by Levinson and Stefani Leave a Comment

With much of Chicago now thinking about how to make certain that the city’s new pilot scooter program runs smoothly without any incidents, in addition to already navigating Divvy bikes and ride-share throughout the city, it is easy to forget that pedestrians make up a large portion of the traffic in the city. While accidents involving bicyclists having recently been widely covered in the news, we must remember that a incredibly high number of Chicagoans are walking to and from work and school each day, especially centrally located within the loop. The good news is that between January 1^st and May 31^st of 2019 the number of pedestrian deaths decreased 40 percent year over year. As the United States has been experiencing record highs in pedestrian deaths, with a new report by the Governor’s Highway Safety Association (GHSA) reporting that “about 6,227 pedestrians were killed in motor vehicle crashes in 2018 – a 4 percent increase over 2017 and the highest mortality rate since 1990.” While those statistics present a scary reality for many commuters across the United States, it is good to see that Chicago has been able to limit the damage that having such a high population of individuals commuting within a city can pose.

On the other hand, those in Chicago must be aware that the city is going to be out in droves now that Summer is here, and Chicago residents can finally enjoy summer. Unfortunately, as we all know, the more people are outside and trying to enjoy the good weather and see what the city has to offer in its warmer months, the more potential there is for accidents to occur. With that being said, it is clear that certain measures can and should be taken by pedestrians to ensure they are safe from dangerous drivers and other commuters. According to the National Safety Council (NSC) has reported, those most at risk based on data from 2017 were “10- to 14-year-olds and 50- to 69-year-olds have 20% or more pedestrian deaths as a percentage off all traffic fatalities.” In response to these statistics, the NSC has provided a list of tips that pedestrians should be following when it comes to staying safe walking. See below for the list:

Whenever possible, walk on the sidewalk; if not sidewalk is available, walk facing traffic
Follow the rules of the road, obeying all traffic signs and signals
Cross streets at crosswalks
If no crosswalk is available and your view is blocked, move to a place where you can see oncoming traffic
Look left, right and left again before crossing the street, making eye contact with drivers of oncoming vehicles to make sure they see you
Stay alert – avoid cell phone use and wearing earbuds
Avoid alcohol and drug impairment when walking
Wear bright and/or reflective clothing, and use a flashlight at night
Watch for cars entering or exiting driveways or backing up in parking lots
Children younger than 10 should cross the street with an adult

Of particular note is safety tip number 6 provided above. As we all know, cell phones are prevalent in every aspect of our lives. Walking to and from work is no different. Similar to how distracted driving is a leading cause in automobile crashes, being distracted while walking is incredibly dangerous and the amount we see it each day is alarming. In response to distracted walking and the issues it poses for not only the individual’s safety, but placing driver’s in poor situations as well, some cities have started enacting laws that aim to curb this bad habit and provide people with tickets if they are seen crossing a sidewalk while being distracted on their cell phones. Although this may appear extreme, many cities are finding that this is absolutely necessary to maintain pedestrian safety. Overall, the lesson we can learn from these alarming statistics is that we must be aware in our morning and evening commutes and we must put our phones away. If we expect drivers to take precaution to prevent injuries from occurring, let’s do ourselves a favor and keep the phones out of our hands while we are walking.

Rising Drug Abuse Poses Significant Threats to Road Safety

June 20, 2019 by Levinson and Stefani Leave a Comment

As we are all well aware, the United States is facing an ongoing opioid crisis it has long been struggling to control. With a total of 11.4 million people misusing prescription opioids in 2017, it is easy to see the ramifications of the opioid epidemic have found their way into the lives of commercial truck drivers throughout the United States. As of January 1^st, 2018, any individual taking a Department of Transportation federally mandated drug test, as those with a commercial driver’s license must do, would be subject to testing not only for drugs such as marijuana, cocaine, and methamphetamines, but for semi-synthetic opioids like OxyContin, Percodan, Percocet, and Vicodin. This expansion upon the previous drug testing regulations embodies how the trucking industry has had to deal with the issue of drugs among its drivers. While opioids statistically are not the most prevalent drugs being used by drivers within the trucking industry, the new drug testing regulations confirm what many within the industry have known for years; the drug crisis America faces has hit one of its largest industries the hardest.

On June 12, 2019, the Alliance for Driver Safety & Security, what many in the industry know as the “Trucking Alliance,” submitted a statement to the U.S. House of Representatives Committee on Transportation and Infrastructure Sub-Committee on Highways and Transit regarding the state of drug use within America’s trucking industry. As part of its statement to Congress, the Trucking Alliance provided data which had been given to the United States Department of Transportation (USDOT) and found compelling evidence of severe drug use among commercial drivers. The data showed results of “151,662 truck driver applicants, who were asked to submit to two drug tests – a urinalysis and a hair analysis. Almost all applicants held an active commercial driver’s license.” In addition, 94% of the applicants tested drug-free; however, there were thousands of applicants who failed either one or both of the tests given. Making the issue far worse, the urinalysis test, which happens to be the only method used by USDOT, actually did not identify a majority of users, missing 9 out of 10 actual illicit drug users. On the other hand, the Trucking Alliance has proposed that USDOT begin mandating a hair analysis to be conducted in addition to the current urinalysis routine. In total, the Trucking Alliance has now stated that based on the estimated 3.5 million commercial drivers within the United States, the data compiled would result in roughly 301,000 commercial drivers failing or refusing a hair analysis. Even though this number appears shocking, it only begins to convey the hazard that such drivers pose to road safety.

Drug Use Among Drivers is Leading to Dangerous Roads

Part of the Trucking Alliance’s plea to Congress on June 12^th was to make certain that motorists are not placed in more danger due to a commercial driver’s potential drug abuse problem. As evidenced by the survey conducted, public safety is at risk if trucking companies fail to acknowledge and appropriately test for drugs that have been proven to be rampant within the industry itself. In fact, a Quest Diagnostics analysis conducted between 2015 and 2017, found that commercial drivers who went through post-accident testing saw an increase in positive drug-testing rates rising 51%, from 3.1% in 2017 all the way to 4.7% in 2018.

Of course, the trucking industry is not the only one afflicted by the ongoing drug crisis in the United States; however, as in other industries of high stress and long hours, drug abuse seems all the more likely. With that being said, it is absolutely essential that employers take this data seriously and consider adopting new, more accurate drug tests, in addition to the mandated urinalysis test that has been proven to fail. For the health of the commercial drivers spending hours on the road alone and for the overall well being of the general public, employers must do all they can to keep unsafe drivers off the road.

The Effects of Driving Impaired

While the opioid epidemic is a crisis that must be addressed, many companies are actually finding that the legalization of marijuana through various states in the US is also contributing to driver impairment. Trucking Info’s recent Safety and Compliance report cited an interview with the American Trucking Association’s Abigail Potter, Manager of Safety & Occupational Health Policy. Abigail recently mentioned that even if a driver is operating a vehicle under 26,000 pounds, “you still have to be medically qualified to operate, and one of the requirements is to not use a controlled substance, which include marijuana.” Further, being impaired by marijuana causes “drivers to exhibit poor judgment, decreased motor coordination, and decreased reaction time,” leading drivers to be all the more likely to get into an accident and place others at risk. If these are the effects that marijuana has on drivers, now imagine the impairment that such drivers experience from opioids, which have proven to be prevalent in the trucking industry as the US experiences this ongoing crisis.

What Can Be Done

As it appears the best way to directly attack the ongoing issues within the trucking industry is based solely on understanding who is actually being affected by drug abuse, creating an appropriate guideline for company testing is the most appropriate way to start. The Substance Abuse and Mental Health Services Administration provides a checklist to help employers with drug testing. The checklist includes the following:

Identify any federal or state laws with which you must comply
Consult union officials, if applicable
Identify and contact a laboratory certified by the Department of Health and Human Services
Create a system that maintains and protects the confidentiality of employee drug testing records
Designate an employee who will receive test results from the lab and keep results confidential
Develop a clear, consistent and fair policy before reviewing it with legal counsel
Notify employees 30 to 60 days before implementing the testing program
Contract with a medical review officer; and
Inform employees that organization leadership will comply with the policy

The most important thing to keep in mind for trucking companies overseeing this process is to know that there is data suggesting that opting for an additional hair analysis drug test will likely result in far more accurate readings. While the country is as reliant as ever on trucking to transport goods from place to place, that does not mean we should sacrifice driver and road safety to keep more commercial drivers in the industry without getting help. We need to be smart and make certain that everyone on the road remains safe.

Are Nursing Homes Inflating the Numbers?

February 18, 2015 by Levinson and Stefani Leave a Comment

Nursing home resident Edna Irvin became the source of controversy late last year. The 80-year-old Irvin, a guest of the Chenal Heights Health and Rehabilitation Center in Little Rock, Arkansas, was the featured anecdote in an eye opening-read from the Center for Public Integrity. The Center found widespread reporting discrepancies among nursing homes in the U.S., including the home where Irvin had been living.

Based on several accounts and an analysis of government resources, the CPI discovered a laundry list of inflated, self-reported staffing numbers, some of which had been recorded just weeks prior to federally mandated inspections. The article points out that Irvin was a victim of a flawed system.

Over the first few months since she began living at the residence, Irvin endured a series of mishaps and injuries, according to the article. She suffered a laceration to her head related to a fall and fought through a severe bowel obstruction. In a later medical report, a rehab nurse noted that Irvin had traces of bacteria in her intestine and did not receive appropriate care for the obstruction. A law firm, acting on behalf of Irvin, obtained the nurse’s documents for an impending lawsuit filed by Irvin’s daughter, Lisa Sanders.

Sanders eventually had her mother transferred to a new facility, only after learning disturbing details about the staff, the home’s hours of operation, and the method by which the home monitored its residents. She discovered some wildly inaccurate numbers, a shock that ultimately set the move and the lawsuit in motion.

Irvin’s story is not unusual. The Center for Public Integrity uncovered an all too common if not systemic problem that has plagued nursing homes for many years. The process of self-reported data has been widely criticized by government agencies and the public, not least for its lax standards and shoddy reporting. Almost 100 peer-reviewed, academic studies, according to the Center for Public Integrity, showed that the amount of care was most strongly connected to quality care; lower levels of care showed higher risk for injury and, in some cases, death. By skewing the numbers, homes are, inadvertently or not, perpetuating bad practice and misleading prospective residents about the care they should be receiving.

The Center for Public Integrity also pointed out that self-reported data has historically been a crucial metric for government agencies that rank homes based on staff numbers, a metric that often helps the public make consequential decisions on behalf of their loved ones. But relying on self-reported information comes with a price. Irvin paid the price, and now her case is in the hands of litigators.

Improvements have been made since 2010, resulting from a provision in the Affordable Care Act that requires many homes to change from a self-reporting method to a payroll-based method. The payroll-based system utilizes an electronic data collection system—practically standard in today’s digital world—that ensures more accurate tracking. But if anything, the report by the Center for Public Integrity reminds us that there’s much more to be done.