BUSRide February 2012

Page 18

risk management

Prepare now for stricter industry oversight By Matthew A. Daecher

“Combined with proposed and soon-to-be federal motor carrier safety regulations affecting the commercial vehicle industry, it is fairly easy to guesstimate what the future will hold for carriers in certain areas.�

Matthew A. Daecher is president and CEO of Daecher Consulting Group, Inc., Camp Hills, PA.

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February 2012

Two stories overshadowed all others in the bus industry in 2011: the implementation and realization of the new Safety Measurement System (SMS) and the resulting consequences and attention a string of unusually severe motorcoach crashes generated. While there are probably some operators who do not care much for the new SMS, the consensus from a safety viewpoint is this system does what it was intended to do: identify carriers that have issues managing regulatory requirements. How the system interprets certain violations and ranks operators are still contentious areas, but as a whole the new system provides much more information about carriers and their management than the Safestat system it replaced. More information for both regulators and consumers is a good thing. The unfortunate fatal bus crashes in the first half of the year sharpened regulator and enforcement attention, which had already been at a heightened level for the last several years. Strike forces across the nation and stricter enforcement of violators have resulted in more passenger carrier vehicle inspections and stricter enforcement of violations than the industry has ever seen. The results of these accidents also refocused attention on previously introduced legislation aimed at increasing bus safety and provided basis for new legislative offerings as well. Combined with proposed and soon-to-be federal motor carrier safety regulations affecting the commercial vehicle industry, it is fairly easy to guesstimate what the future will hold for carriers in certain areas. Seat Belts: While three-point belts on new coaches are a given, it is unlikely we will see a retrofit requirement issued for older coaches. Given the life cycle of coaches and the question of economics versus

benefit, the optional retrofit of some coaches would simply be too burdensome. However, I would expect standards issued for those who do choose to retrofit their older coaches. National Registry of Medical Examiners: This would establish a database of examiners qualified to conduct physical examinations on commercial drivers and likely include some type of educational component for the registered examiners. It should be a non-issue for carriers who already use designated examiners and hopefully are comfortable that they are familiar with the certification criteria, guidance and physical demands of the commercial drivers they examine. Speed Limiting: This proposal is less of a factor for the bus industry than trucking, but nonetheless may become reality if it is included in legislation under consideration. It would require speeds be limited to 65 mph and would likely include all large commercial vehicles. Drug and Alcohol Test Database: Long overdue, this missing link in driver history evaluation would limit the chances of drivers with past drug or alcohol abuses not apparent on a driving abstract to get hired and work for most legitimate carriers. Medical Certification and Sleep Apnea: There is growing indication of a revision to the physical qualification criteria, due mainly to fatigued driving issues and the sleep apnea movement. If sleep apnea screening is mandatory at prescribed body mass indexes, carriers will need to determine if they are willing to pay for such screening for potential hires and even current drivers. It would be wise for operators to begin now investigating options and costs for screening. This will help reduce occupational clinics from potentially benefiting unscrupulously from the need-for-screening diagnosis. Any apnea screening should take place

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