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The Roemer Report On-Line, September , 2004

FEELING THE PRESSURE OF NEW HEALTH GUIDELINES: Commercial drivers face new blood pressure regulations—regulations that were issued without the usual public notice and comment period. The guidelines, which take effect September 30, include the following: (1) Truckers whose blood pressure is lower than 140/90 can be medically certified to drive; (2) Truck drivers with a blood pressure reading of between 140/90 and 159/99 (diagnosed as Stage 1) can get a one-year certification, which is renewable yearly; (3) Drivers whose blood pressure is between 160/100 and 179/109 (diagnosed as Stage 2) can receive only a three-month certification and must receive medical treatment to lower the reading; and (4) Truckers whose blood pressure is over 180/110 (Stage 3) are medically disqualified to drive a commercial vehicle unless they bring their reading down to at least 140/90. Stage 3 drivers who bring their blood pressure to a qualifying reading can receive a renewable six-month certification. The Federal Motor Carrier Safety Administration stated it is considering writing a “guidance document” describing what conditions a driver with a one-year certification must meet to qualify for the standard two-year certification.

HOS RULES THROWN OUT: It took years for the Federal Motor Carrier Safety Administration (FMCSA) to get around to issuing new hours-of-service rules, but it took just six months for the rules to be struck down by a federal court. The new rules had allowed truckers to drive for up to 11 hours straight, one more hour than the previous rules permitted. But in a unanimous ruling, the U.S. Court of Appeals for the District of Columbia wrote that the new legislation was “arbitrary and capricious.” The three-judge panel said that the FMCSA failed to consider the “drivers’ health in the slightest,” as required by law. Implementing the new rules would have cost the trucking industry as much as $1.3 billion, and driver productivity would have decreased by 4 to 9 percent, according to some estimates. Still, the government had argued that the roads would have been safer because truckers would have rested for at least 10 hours between shifts, rather than eight. However, some groups, including safety organizations and the International Brotherhood of Teamsters, argued that the risk of accidents rises dramatically after the 10 th and 11 th hour of driving, thereby increasing accidents, not reducing them.

PAIN AT THE PUMP: High diesel fuel prices typically mean tough times for trucking, particularly the small- and medium-size carriers. The American Trucking Associations (ATA) estimates that some 1,000 fleets go bankrupt for every 10-cent rise per gallon of diesel fuel. But despite this year’s record-high fuel prices, most fleets are hanging on, thanks to fuel surcharges and other fuel management techniques. Tom Glaser, COO of Celadon Group, says, “Customers today are much more understanding about the need for fuel surcharges than they’ve been in the past. They recognize that there’s very limited capacity out there, so they’re much more willing to pay it.” Glaser says his company is not relying on fuel surcharges alone; it’s also trying to conserve fuel by spec’ing new trucks to maximize fuel economy and by getting drivers to use more fuel-efficient techniques. Fuel is often the second-highest operating cost for fleets, and can account for up to 25 percent of some fleets’ operating costs, according to the ATA. Unfortunately, the Department of Energy expects more high prices, predicting prices to remain at or above $1.65 per gallon through the rest of the year. Motor carriers generally agree that shippers are more understanding of fuel surcharges than they’ve been in the past, and typically view them as a necessary nuisance. But surcharges can’t help in all situations. For example, surcharges don’t cover deadheading, out-of-route miles, or engine idling. Although surcharges are the most common way of fighting fuel spikes, they’re not the only option. Some carriers set up hedge contracts, agreeing to buy fuel from one source for a long period of time at a predetermined price; others, with their own pumping stations, buy in bulk; and still others set up cost-plus agreements with truck stops or refueling chains.

NO IDLING HERE: California’s new idling rules restrict nonessential idling to five minutes. That means truckers and their travel companions have fewer creature comforts like air conditioning and heating. Needless to say, most drivers are unhappy with the new rules, arguing that they live in their trucks, even if it’s only short term. Jerry Williams, who sold his house and teams up with his trucker wife, says, “When people go home, they get to be comfortable in their house,” said Jerry Williams. “Why can’t we be comfortable in ours?” Truckers ignoring the regulations will receive a $100 ticket, but violators may be hard to nab. “I don’t think many tickets are going to be written for trucks that have been idling for six minutes,” said one driver. Williams and his wife have another plan for circumventing the new law—staying out of California. Many drivers are already refusing loads to the Golden State due to high fuel prices and costly traffic tickets. But California isn’t the only state to restrict idling—20 states and municipalities limit idling in some form. The California regulation is part of a broader campaign to reduce diesel emissions, which are estimated to make up 70 percent of the state’s airborne toxic substances. Truckers are exempt from the rule for work-related idling, such as loading and unloading trucks, and during federally mandated rest periods. The California Air Resources Board recommends that truckers buy auxiliary power generators. But starting at $2,000, the units are not affordable for most drivers. Even if they were, argue truckers, their trucks would need the right equipment or they’d have to be retrofitted.

CELL PHONE DEBATE CONTINUES: New York was the first state to require drivers to use headsets or other hands-free devices when talking on cell phones. Now New Jersey and Washington, D.C., have followed suit, and many more states and cities across the nation are considering similar legislation. But new research suggests that hands-free devices are no safer than holding the phone. Increasingly more research finds that headsets and speaker phones do not improve safety. What causes the increased risk of accidents is the mental distraction associated with talking on the phone—not the act of holding the phone. What’s more, recent studies suggest that hands-free devices may actually increase risk, since hands-free users are more likely to spend more time on the phone and drive faster while doing so. Additional safety risks: People using headsets spend more time trying to dial the phone, and those using voice-activated dialing spend twice as long trying to “dial” as users who press buttons the old-fashioned way. Meanwhile, cellular carriers are promoting hands-free devices, and some carmakers are installing wireless connections so drivers can talk into a microphone on the rearview mirror or sun visor. About 25 to 30 percent of all accidents are caused by distractions, but so far, it is unclear what percentage of the distractions come from cell phones.

THE BOTTOM LINE OF SAFETY: Safe work habits do a lot more than protect workers from harm’s way. More and more businesses today realize that a safe workplace has a positive impact on their bottom line. In fact, a recent survey by Liberty Mutual indicates that 95 percent of businesses believe a safe work environment directly influences their financial performance. The study found that for every $1 invested in safety, more than 60 percent of organizations say they received a $3 return on their investment. The survey also showed a new appreciation among executives for the relationship of direct and indirect costs associated with workplace accidents. Direct costs are the payments employers must make to injured employees and their medical care providers. Indirect costs are the expenses related to lost productivity and overtime costs. Over 40 percent of the executives surveyed said that every $1 of direct costs generates $3 to $5 of indirect expenses. The survey also revealed that many employers are mistakenly focusing on certain causes of workplace accidents at the expense of others. For example, with all the national attention on repetitive motion injuries, many safety managers are focusing resources on this issue, even though it ranks sixth in national workers’ compensation costs. The costliest accidents in terms of workers’ compensation are injuries from overexertion (like lifting or lowering) and falls.

THE LOVELIEST MUSIC: A symphony orchestra conductor from Eastern Europe had just been released from prison where he spent years in isolation because of his political beliefs. A young writer, interviewing him, asked the maestro several questions about politics and economics. Then the journalist turned to music. “In your opinion, what is the most beautiful piece of music ever written?” he asked. The conductor thought about this for awhile but did not answer. The young reporter didn’t give up. “When you were in isolation, what did you want to hear most? What music do you consider the most beautiful?” he asked. The conductor looked up at the eager young man. “The most beautiful music in the entire world?” he asked. “Yes, in the whole world,” replied the reporter. With tears in his eyes, the maestro answered. “The most beautiful music in the whole world is the sound of another voice.”

Curiosity will conquer fear even more than bravery will.