1. Industry Updates For School Bus Drivers Introduction:
Introduction:
Our industry is constantly evolving. We provide an “industry update” as needed to keep drivers up-to-date on that evolution at the state and national level. Our focus will be on upcoming Federal and State rule changes. However, we have also included a brief overview of the Federal rulemaking process.

2. Overview Changes on the horizon for Insulin-treated CDL drivers
Drug/Alcohol reporting
Federal and state perspectives on seatbelts on buses
This year, changes are on the horizon for three important topics.
Insulin-treated diabetic commercial drivers.
Drug/alcohol test result reporting for commercial drivers.
Federal and state perspectives on seatbelts on buses.
Changes in the status of any these topics as they occur will be shared with you as they become available.
Please make sure you keep your Evaluation handy so you can fill it out as we proceed. The answers to the questions on your Evaluation Handout are indicated in RED on the presentation slides.

3. FMCSA Federal Motor Carrier Safety Administration Presentation:
We will first talk about two changes under the Federal Motor Carrier Safety Administration (FMCSA). You’ll notice that the expansion of this acronym is also Question #1 on your Evaluation. I will give you a moment to write this down. (wait)
This federal agency develops standards to test and license commercial motor vehicle drivers, along with lots of other aspects of commercial drivers and vehicles. These standards are the regulations by which all Commercial drivers must abide.

4. FMCSA – Currently
CDL Drivers with insulin-treated diabetes are required to
obtain either a federal medical waiver (inter-state) or
a state medical waiver (intra-state).
I. FMCSA Insulin Treated Diabetic Rules
Currently, commercial drivers with insulin-treated diabetes are required to obtain either a federal medical waiver (inter-state) or a state medical waiver (intra-state).

5. FMCSA Insulin-Treated Diabetic Rules Notice of Proposed Rulemaking
The steps in this process are the answer to Question #2 on your Evaluation.
Go ahead and write this down before we continue.
The FMCSA rulemaking process includes these three steps:
Notice of Proposed Rulemaking.
Opportunity for public input.
Publication of Final rule with statement of basis and purpose.
In May, 2015 FMCSA issued a “Notice of Proposed Rule Making” (NPRM) affecting Insulin-Dependent commercial drivers.
It was proposed that commercial drivers with well-controlled, insulin treated diabetes can be qualified as inter-state drivers.
A driver with well-controlled insulin treated diabetes would no longer have to go through a lengthy and cumbersome waiver process to maintain an interstate CDL.
The public comment period closed in July 2016 with a high response of 1,250 comments, many of which were from the medical community.
In July 2016 FMCSA referred the proposed rule with public comments to their Medical Review Board for input.
In September, 2016, the Medical Review Board Report on the proposed rule was released for public comment; on October 8, the public comment period was closed.
At this time, the FMCSA is reviewing the comments received during the most recent comment period and they will publish a final rule at a later date. This final step could happen any day.
Opportunity for Public Input
Publication of Final Rule

6. FMCSA – Rule Provisions
Insulin-treated diabetics
Max 1-yr. DOT physical
Under doctor care/well controlled condition
Other criteria similar to WA requirements
Some provisions of the proposed final rule include:
Insulin-treated diabetic drivers will receive a maximum 1 year DOT physical.
Driver must be under the care of a physician, and be able to provide evidence from that physician of a well-controlled condition.
Other medical criteria as recommended by the Medical Review Board, which are similar to the requirements included in WAC (13) for Washington’s insulin-treated diabetic exemption process. Now let’s answer the first two questions together.

7. Evaluation Question What does the acronym FMCSA stand for? Federal
Motor
Carrier
Safety
Administration
Let’s answer these first two questions together.
What does the acronym FMCSA stand for?
Click to reveal answers

8. Evaluation Question
2. Name three steps in the FMCSA informal rulemaking process.
1. Notice of Proposed Rulemaking
2. Opportunity for public input
3. Publication of Final Rule with statement of basis and purpose
Name three steps in the FMCSA rulemaking process.
Click to reveal answers
Are there any questions?
Stay tuned to this issue as it develops and an effective date is established. When this rule is finalized, OSPI will also evaluate WAC (13) and make any changes necessary to the school bus driver insulin-dependent exemption program.  
Trainer Note: To get updates to any pending federal rulemaking, visit:

9. Drug/Alcohol Testing Clearinghouse
II. Drug-Alcohol Testing Clearinghouse
In November, 2016 a final rule was published by the FMCSA that requires the establishment of a nationwide “clearinghouse” for drug and alcohol test results. .

10. Drug/Alcohol Testing Currently
Employers check new CDL employees by contacting previous employers
Currently, before hiring a new CDL employee, employers are required to check with past employers and ask for:
drug and alcohol testing history and,
past positive results. .

11. Drug/Alcohol Testing Clearinghouse Starting January 6, 2020
All drug testing providers and medical review officers will be required to report test results to the clearinghouse.
The Clearinghouse Rule starts January 6, 2020
Now, take a moment to write down the answer to question #3 (wait)
All drug testing providers / medical review officers will be required to report test results to the clearinghouse. Violations of FMCSA commercial driver drug/alcohol testing rules include positive results and refusal to test, etc. .

12. Drug/Alcohol Testing Starting January 6, 2020
Employers use Clearinghouse
1. to check new employees
2. to check on all employees once a year
 Employers will be required to search the clearinghouse in the pre- employment process. The clearinghouse will be an online database.
This will be the new way to determine if a prospective employee has had any drug testing violations.
This will replace the current process of sending questionnaires to past employers.
The new rule will also require that employers check on current employees using the clearinghouse at least once a year.

13. Evaluation Question
Who will be required to report test results to the Drug and Alcohol Clearinghouse starting January 6, 2020?
All drug testing providers and medical review officers
Let’s answer the next question together
3. Who will be required to report test results to the Drug and Alcohol Clearing House starting January 6, 2020?
Now we will talk about a frequent topic within the transportation industry…

14. Seatbelts on Buses Currently Required On Type A -1 or Under 10,000
GVWR
Seatbelts on School Buses
Those of us in the transportation industry have always relied on compartmentalization as the safety system in school buses
Most felt there was no need for an active restraint like seatbelts. And most research conducted supported that position, and still does.
Recently, there has been a trend towards acceptance of seatbelts as a good idea on school buses.
Please take some time now to write down the information on this slide for question #4. (wait)
Seatbelts are already required on any bus with a GVWR of 10,000 lbs. or less, or an A-1 bus.
There are six states that currently require the installation of seatbelts on “big buses”
Over the past 10 years, the Washington legislature has entertained several school bus seat belt bills, however none have been successful.
Now here is another acronym decoded! I will give you a few moments to write down the answer to Question #5 on your evaluation sheet before we continue talking about seatbelts on buses. (wait)

15. NHTSA National Highway Traffic Safety Administration
National Highway Traffic Safety Administration (NHTSA)
This branch of the U.S. Department of Transportation regulates safety standards in the auto industry and transportation.
Historically, compartmentalization passenger safety design system has been used in school buses since 1977.
There have been occasional enhancements to the Federal Motor Vehicle Safety Standards, for example higher seat backs.
The National Highway Traffic Safety Administration (NHTSA) has provided research that confirms the effectiveness of compartmentalization as occupant protection in school buses.
Our industry safety record is consistent with that research.
However, there are future changes in store.
a. In November, 2015 Mark Rosekind from NHTSA made an announcement at a joint session that included the National Pupil Transportation Associations

16. NHTSA Adopting a new federal policy position:
3-point seat belts should be available for all school children to and from school.
Now, let’s take a few moments to answer #6 on your evaluation. (wait)
The announcement was that NHTSA is adopting a new federal policy position that 3-point lap-shoulder belts should be available for all school children to and from school.
The announcement was not completely surprising; however, it did catch some in our industry off-guard because historically NHTSA has supported compartmentalization.

17. NHTSA New federal policy position: No rulemaking anticipated
NHTSA will continue to look and comment on school buses and seatbelts.
NHTSA has not said they will be implementing any rulemaking that federally requires that school buses be equipped with 3-point lap/shoulder belts.
NHTSA as part of this new policy position will be taking a global approach to school bus safety. The approach will look at:
student safety outside the bus, including safety at the bus stop,
illegal passing of school buses, and
students traveling to and from school in vehicles other than school buses.
Are there any questions?
Let’s look at our Evaluation sheet and review

18. Evaluation Question
4. What type or weight of school bus currently requires lap/shoulder belts?
Type A -1 or
Under 10,000
GVWR
4. What type or weight of school bus currently requires lap/shoulder belts?

19. Evaluation Question 5. State what the acronym “NHTSA” stands for.
National
Highway
Traffic
Safety
Administration
5. State what the acronym “NHTSA” stands for.

20. Evaluation Question
6. Describe the new federal policy position NHTSA is adopting regarding seatbelts on buses.
3-point seat belts should be available for all school children to and from school.
6. Describe the new federal policy position NHTSA is adopting regarding seatbelts on buses.
In December 2016, NHTSA held a forum with industry leaders called “School Transportation Safety-Thinking Outside the Bus”. We can expect to hear more from NHTSA regarding school bus safety in the coming months and years

21. NTSB
National Transportation Safety Board Investigates, reports and recommends on transportation collisions Lacks rulemaking authority
Before we continue, take a look at this slide. I will give you some time to answer question #7 on your evaluation. (wait)
The National Transportation Safety Board (NTSB)
Investigates, reports, and recommends on transportation collisions.
They determine cause and identify ways to prevent similar collisions in the future.
They investigate airline crashes, mass transit incidents and major school bus collisions.
NTSB lacks rulemaking authority, they can only investigate, report, and make recommendations.
NTSB has recently released reports of two school bus collisions and has taken a position of advocacy for 3-point restraints on school buses. Two recent collisions are:
a school bus/truck collision in Chesterfield, NJ in February, 2012; and
a single vehicle school bus collision in Anaheim, CA in April, 2014.
Let’s take a look:

22. NTSB Chesterfield, NJ Chesterfield, NJ
On February 16, 2012, a school bus with 25 students aboard stopped at a stop sign.
The bus pulled away from the stop, and the driver failed to see a “roll- off” truck with a fully loaded dump container approaching the intersection.
The truck struck the bus at the left rear axle.
As a result there was one student fatality, 16 injuries (5 serious), and 10 not injured.
The bus was equipped with lap belts; however NTSB was unable to determine how many of the students were wearing them at the time of the collision.
NTSB concluded the following:
The school bus driver had medical conditions not fully disclosed to the Certified Medical Examiner who conducted his DOT physical examination.
The driver’s physical conditions resulted in poor cognition and vigilance.
NTSB determined the driver would have likely not been medically certified had he disclosed all of his conditions.
The roll-off truck had faulty brake components which resulted in reduced braking efficiency.
The misuse and non-use of the lap belts by the passengers in the school bus contributed to the severity of the injuries

23. NTSB - Recommendation
Chesterfield, NJ “Students and parents must be taught the importance of proper seat belt use”.
NTSB recommended
“Students and parents must be taught the importance of proper seat belt use”. You’ll notice this is the answer to Question #8 on your evaluation. I will wait while you go ahead and write this down. (wait)
The student fatality in this collision was a student who was not sitting at the point of impact with the truck; it was a student who was sitting in the last row of the bus.
The student suffered injuries from the lateral forces of the collision. It was determined that this student was not wearing the lap belt provided.

24. NTSB Anaheim, CA Anaheim, CA
On April 24, 2014, a school bus with 11 students was traveling 35 mph on a curving roadway near Anaheim, CA.
The driver lost consciousness causing the bus to accelerate to about 43 mph, and the bus left the roadway.
The bus struck a concrete light post and continued up and embankment striking and uprooting a tree, where the bus came to rest.
As a result of the collision, there were 0 fatalities, 10 injuries (5 serious), and 2 uninjured.
The bus was equipped with 3-point lap/shoulder belts in all seating positions, and NTSB estimated that 75% of the students were wearing them based on the in-bus video.
NTSB concluded the following:
The driver had medical conditions not disclosed to the Certified Medical Examiner. The driver’s medical conditions caused a loss of consciousness which was the probable cause of the collision
The driver’s injuries would have been reduced had he been wearing his lap/shoulder belt. (!!)
The proper use of the available lap/shoulder belts by student in the area of maximum intrusion of the tree into the school bus body reduced the severity of passenger injuries.
This is the first NTSB investigation report where the school bus was equipped with lap/shoulder belts.
Lap/shoulder belts provide the highest level of protection for school bus passengers;
Let’s conclude this incident.

25. NTSB - Recommendations
Anaheim, CA
School districts should consider lap/shoulder belts when purchasing seat belt- equipped school buses”. And…. b.
The NTSB recommended:
School districts should consider lap/shoulder belts S-25 when purchasing seat belt-equipped school buses”.
Please fill in the blanks on question #9 for the first recommendation. (wait)

26. NTSB - Recommendations
Anaheim, CA
“Students and parents should be educated about the importance of proper use of all seat belts on school buses.”
And, “Students and parents should be educated about
the importance of proper use of all seat belts on school buses.”
I’ll wait while you fill in the blanks for the second recommendation. (wait)
Now let’s take a look at your evaluation sheet and review.

27. Evaluation Question
7. Name three actions the National Transportation Safety Board takes in major collisions.
Investigates
reports and
recommends
7. Name three actions the National Transportation Safety Board takes in major collisions.
Click to reveal answers.

28. Evaluation Question
8. Name one recommendation the NTSB made on the Chesterfield, NJ crash?
Students and parents must be taught the importance of proper seat belt use
8. Name one recommendation the NTSB made on the Chesterfield NJ crash
Click to reveal answers.

29. Evaluation Question
9. Name two recommendations the NTSB board made on the Anaheim crash.
9. Name two recommendations the NTSB board made on the Anaheim crash.
Click to reveal answers on next slide.

30. Evaluation Question
“School districts: consider lap/shoulder belts when purchasing seat belt-equipped school buses” and,
“Students and parents should be educated about the importance of proper use of all seat belts on school buses.”
As a side note, after the collision, the driver was charged by the state of California with two felonies: (1) child abuse and endangerment, and (2) perjury by declaration. The maximum penalty is 19 years in state prison. A $10 million settlement was reached with the families of five children injured in this crash
Are there any questions?

31. NTSB Video www.youtube.com/watch?v=ks w67zFnuAE
TRAINER NOTE: See Trainer Notes – Supplemental Video You may show this optional video which can be inserted at this point in this lesson. The video is 7 minutes

32. Washington State Seat Belt Legislative Bills
Now, a look at what is happening in the…
State of Washington S-32
In the 2017 legislative session, three bills were introduced in the Washington Legislature regarding seat belts on buses. Here is a brief description of each bill, and the status as of the printing of this lesson plan:
Senate Bill 5054 would require “safety belts” on all new buses ordered after the effective date of the bill.
This bill was referred to the Senate Transportation Committee and had a public hearing.
As of the date of printing of this lesson plan, no further legislative action has been taken on this bill. It is expected that this bill will not advance any further during the 2017 legislative session. (Your Regional Transportation Coordinator will provide any new information if it develops).
Senate Bill 5503 would require lap/shoulder belts on all new buses ordered after the effective date of the bill.
This bill was referred to the Senate Transportation Committee, where it had a public hearing and was passed by the committee and sent to the Senate Ways & Means Committee.
As of the date of printing of this lesson plan, no further legislative action has been taken on this bill. It is expected that this bill will not advance any further during the 2017 legislative session. (Your Regional Transportation Coordinator will provide any new information if it develops).
House Bill 1246 would require lap/shoulder belts on all new buses ordered after September 1, 2018, and would also require all school buses in the state (new and existing fleet) be equipped with automated stop paddle violation cameras by September 1, 2018.
The intent is that the revenue generated by stop paddle cameras, as written in the bill, would help pay the cost of seat belts.
This bill was referred to the House Education Committee and had a public hearing.
As of the date of printing of this lesson plan, no further legislative action has been taken on this bill. It is expected that this bill will not advance any further during the legislative session. (Your Regional Transportation Coordinator will provide any new information if it develops).
_________________________________________________________________
Trainer Note: To get updates to any pending legislation in the state of Washington, visit:
Washington State
Seat Belt Legislative Bills
SB 5054 – Belts on new buses
SB 5503 – Belts on new buses
HB 1246 – Belts on new buses and Stop Paddles on all buses

33. Summary Changes on the horizon for Insulin-treated CDL drivers
Drug/Alcohol reporting
Federal and state perspectives on seatbelts on buses
Summary:
Today we spent time talking about the important updates in our industry. There are upcoming changes to the DOT medical standards regarding
insulin-treated diabetic commercial drivers, and
the drug/alcohol test results tracking process.
In addition we talked about national and state perspectives related to seatbelts on buses.
While this can be a hotly debated topic in industry circles, the intent of the information provided today is to start a conversation.
Despite the apparent failure of the bills in this year’s legislative session, the likelihood is high that at some point in the not-so-distant future a requirement will be instituted for lap/shoulder belts on school buses.
It’s important to start the conversation now, and ensure we all have factual data.
We have already completed our evaluation of this topic. Are there any other questions?
Thank you
Trainer Note: The evaluation was completed during the lesson and does not need to be covered now.