My truck news newsletter may 2014

May 2014 Volume 2 Number 3

Denis Gray Trucking named Washington’s

Inside this issue:

Family-Owned Small Business of the Year Sandy Long

2

Rickey Gooch

3

Bill of Lading

4

Investigation Needed 5 Driving Drowsy

6

Identity Theft

7

OSHA Fines

8

The Treadle Valve has been known to malfunction in semi trucks, buses and RV’s See Page FIve.

A Small Company that Does Big Things

By Go By Truck News+ www.gobytrucknews.com/ Updated: May 1, 2014 DGT is a small flat-bed carrier that specializes in oversize and overweight loads.

Now managed by Chief Operating Officer Michael Gray, the company was founded in 1977 by Michael’s father, Denis.

him get the business on track when it was struggling. He is especially proud of DGT’s unique compensation system for drivers, which guarantees a minimum Denis Gray Trucking, Puyallup, Wash., has weekly wage. been named Washington’s Family-O The policy has wned Small Business of the Year by the U.S. helped him reSmall Business Administration. duce his turnover rate. with volunteer programs to help other family-owned busi“Seeing the imnesses. mense progress

and growth of [Michael Gray’s] company during the past year has been a delight to watch,” said Nancy Porzio, district director of SBA Seattle, in a statement. “His Anita & Denis Gray working with innovative apWorld Vision in Africa proach to trucker pay is getting “I felt really honored,” said much-deserved attention the younger Gray in an interwithin the trucking industry.” view with Puyallup’s The News Tribune. “Everybody in The criteria for the award required DGT to show measthis company has been workurable evidence of success; ing hard. It’s cool to have increase employment opporsomething like this.” tunities; demonstrate the poGray credits the Small Busitential for growth; and assist ness Association for helping

DGT will be honored at a local awards ceremony May 8. www.dgraytrucking.com

We’re Back!

We’re back after a short hiatus. I took on a new client with a big project and kind of got buried in work. A couple of weeks with family in Alaska and then finding out I wasn’t feeling good because I was really sick just kind of added to the mix. I’ve missed generating the magazine because I love trucking! So no more vacations!! It’s back to sharing what’s happening in the trucking industry! ~Trish

Page 2

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

Balderdash?

By Sandy Long

By Sandy Long

“To catch the reader's attention, place an interesting sentence or quote from the story here.”

Two years ago, Steven Burks, a former trucker now a behavior economist at the University of Minnesota, decided to do a study on obese truckers to see if there was a correlation between obesity and truck crashes. Working with Schneider International, Burk chose 744 rookie drivers with two years or less experience to participate in the study. Using BMI as a baseline, those with a BMI higher than 25 were considered overweight, while those with a BMI greater than 30 were considered obese. Burks then checked crash statistics on this set of drivers.

From TruckingInfo.com.

“During their first two years on the road, drivers with a BMI higher than 35 ("severely obese") were 43% to 55% more likely to crash than were drivers with a normal BMI, the team reports in

Trish Neal, Editor Business by Design 541-404-0724 Cell /Text 888-269-8775 Fax Call, Text, or Email!

MyTruckNews@gmail.com

www.facebook.com/FMCSA

the November issue of Accident Analysis & Prevention.”

When I first glanced at this article, I immediately went up in arms due to the first paragraph. “That there's a direct connection between a truck driver's crash risk and his or her body mass index. Obese truckers, during their first two years on the road, are 43% to 55% more likely to be involved in a crash when compared against those truckers with a normal BMI.” “Balderdash,” I thought.

After sleeping on it, and rereading the article, there might be just a glimmer of truth in this study, though I still think it is propaganda to further the agendas of both the FMCSA and the medical device manufacturers. I have seen drivers so obese, that they cannot fit behind the wheel without tucking their bellies down below the steering wheel by hand and cannot turn the wheel easily. Now these sizes of drivers might be unsafe, but other than that, no, I do not agree with the findings.

The study cites that “some ideas behind the increased

risk may include sleep apnea, limited agility, or fatigue associated with obesity.” Sleep apnea affects many non-obese people and there are no studies or facts at all that correlate sleep apnea with truck crashes, just suppositions. It takes little agility to drive a truck down the road safely other than being able to get one’s feet to the pedals and use the steering wheel freely. While it is true that some diseases associated with obesity such as diabetes or thyroid issues may cause fatigue in obese people, I know of no studies saying that obesity alone causes fatigue.

So what is the deal here? While Schneider has one of the most comprehensive training programs in the industry, the drivers studied were still rookies with two years or less behind the wheel. Though the FMCSA has blinders on in regards to the correlation between student or rookie drivers and crashes, we drivers can attest to the fact that these training companies are usually the ones in the ditch or in trouble somehow.

Continued on page 9

Our goal is to help Commercial Drivers and their Carriers keep abreast of everything that is coming at them so they might protect themselves from laws that seem to change every day.

1. Truckers for Highway Safety.

2. Controlling traffic violation point issues.

3. Filing DataQ Claims.

4. Truckers with incorrect info on DAC report.

5. Problems with the DOT over sleep apnea.

Justice for Truckers on Facebook Assisting Truckers

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

Page 3

JOIN US AT JUSTICE FOR TRUCKERS

We sat on an airplane on the runway for 31/2 hours because of technical issues that finally could not be resolved. There were a lot of very unhappy people.

I said to one, if you were a commercial truck driver you would sit some where like this just about every day. You would do it for no pay while waiting to deliver important goods and services to a population who pretty much believe that trucks and their drivers are on the road just to make our lives more complicated.

Most OTR drivers are paid less than minimum wage and live under the threat of losing their career or their freedom if they just happen to run into the wrong police officer. We have no right to complain about our fun being interrupted while we all sit and let a whole industry of men and women's rights as Americans be violated just so they can serve our needs. She got very quite! ____________

Owners who care? I had had the pleasure of meeting many trucking owners

who actually care about their employees. Most started their companies from scratch and built the company 1 truck at a time.

I talked with Mr. Phillip Fulmer, President of Carol Fulmer trucking about the way drivers are treated today. Mr. Fulmer spent two hours with me. We talked about how his father built the business and how the trucking business has changed. Mr. Fulmer told me that drivers would like to be respected. He and his father, brother and their kids all make it a point to visit with the new drivers coming to his company.

That want drivers to know that the family does respect their their drivers.

I asked Mr. Fulmer why drivers lose their trust so fast in the trucking business with carriers. In his opinion it because of the big disconnect life on the road causes for both the driver and the company. Dispatchers are a drivers go to connection.

Dispatchers are always in a hurry to get off the phone and on to the next call from the next trucker. This does not allow for drivers to get the attention they some-

times need. This communication gap does not allow drivers to build the kind of relationships they need to do their job and an erosion of company trust sets in. Mr. Fulmer trains his dispatchers to be more attentive to drivers needs but also said that reminding them to do that in and out every week is a non ending process. I can understand that. The computer age which allows us to communicate much easier has also allowed us to forget how to properly communicate after the connection is made. Mr. Fulmer has a good point. I just wonder what drivers would tell their dispatcher to do for them that would make their life better on the road? ____________

A driver calls his dispatcher to check on the hours for the delivery he is to make.

The answer is 24 hours a day seven days a week.

When the driver arrives late on Saturday night the guard informs him they only accept loads Monday through Saturday from 8:am to 10:PM. On Sunday

Rickey Gooch trailers can only be dropped. The guard checks with his boss and he says the driver must leave the property. The driver calls dispatch and is told to stay put until the load is unloaded. The driver passes the info to the guard. When the guard returns he tells the driver to leave or he will be arrested and the truck will be told. While the driver has been waiting for the guard his hours run out and he tells the driver tough!

Leave or be arrested and towed. What would you do to get out of this jam?

Page 4

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

Bills of Lading and Load Documentation are Basic Cost Management Motor carrier management is endlessly on the lookout for ways tocut costs and increase profit. With all the changes carriers face today in managing their business, it is essential that they update procedures and processes that will keep them current with the industry’s demands. They must plan ahead to prevent falling behind.

A properly executed bill of lading is important to both a shipper and a carrier.

The bill of lading is an agreement between a shipper and a carrier..

Sometimes overlooked in the flurry of regulatory updates and leadingedge technology is the fundamental producer of revenue for all carriers — the bill of lading and/or required load documentation. Ironic in this decades-old process is the lack of awareness some carriers and their drivers have of how this process is a crucial start toward their profitability.

The bill of lading is an agreement between a shipper and a carrier that governs their relationship with respect to the transportation of goods. It is the contract of carriage. As a contract, it names the parties involved, defines the specific

http://www.tripcheck.com

rate or charge for the transportation, and provides information regarding the limits of the carrier’s liability for damaged or lost goods.

A properly executed bill of lading is important to both a shipper and a carrier. For the carrier, the bill of lading proves entitlement to the freight charges, establishes any liability limitations, and generally defines the boundaries of the shipper-carrier relationship.

A carrier without a bill of lading is poorly positioned legally to enforce the terms of its tariffs/rate schedules and its rules for such things as free time and detention, accessorial charges, special services, etc. Lack of a bill of lading also restricts a carrier’s ability to limit liability for loss and damage to less than the full actual value called for by law.

For a shipper, the bill of lading is the place to specify and enforce special shipping or handling instructions. In the

case of non-delivery, proving the goods were turned over to the carrier can be problematic without bill of lading documentation. The original bill of lading is usually required by the carrier before processing either a loss or damage claim.

Responsibility for issuing a bill of lading belongs to the carrier under the law, 49 USC 14706(a) (1). While it is the statutory responsibility of the carrier, in reality the shipper often issues the bill of lading.

Regardless of who issues the bill of lading, both parties should be aware of what the contract provisions are before signing the document.

Quite possibly the most important point here is this: before signing the bill of lading, the carrier/driver should ensure the goods being picked up are the goods shown on the bill of lading, in the quantity stated on the bill of lading.

Failure to do so will almost certainly guarantee costs to rise!

Source: jjkeller

www.tripcheck.com/mobile

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

Page 5

Investigation Needed!

By Allan Nightrunner Please ask congress to have the FMCSA and or the NHTSA to start an investigation into the problem and design of the Air Foot Control Valve or called the Treadle Valve. The Treadle Valve has been known to malfunction in semi trucks, buses and RV’s. This will and can cause an accident without warning, leaving many victims in its path. The Treadle Valve and Plunger can cause: 1. The Treadle Valve or plunger to stop or stick in the up position, if this happens the driver has no breaks to stop.

2. The Treadle Valve or plunger to stop or stick in the center position which can happen without the drivers knowledge.

This could happen without applying the brake lights. In which this could cause break drag which can cause the breaks to get hot and or catch on fire.

This has been known to catch vehicles on fire.

3. The Treadle Valve or plunger can stop or stick in the down position. This can or will cause the vehicle to go into a skid or jackknife which could cause the driver to lose control that could then cause an accident.

The Treadle Valve or plunger has had bulletins and recalls since the 1970’s leading up to 2012. The recalls are in different makes and models of Buses, Semi’s, and RV’S. According to the NHTSA there were nearly 3,500 fatalities resulting from accidents that involved a large truck in the United Sates in 2009.

That does not include Buses or RV’S. The Treadle Valve problem is happening more today than in the past years.

WHAT IS A PERSON’S LIFE WORTH? Please Sign the Petition at this site and Share with others: We have started a new petition based on the one that Allan Nightrunner created before but it stopped working. Please go to the petition and sign it and please share it with others. Thank you! https://www.change.org/petitions/congress-have-fmcsa-and-

nhtsa-investigate-design-of-air-foot-control-valve#

Finally Thanks to FMCSA Director ANNE S. FERRO the Air Break Treadle Valve problem goes to Washington! It was a pleasure to finaly meet and discuss the Treadle Valve problem that has killed and injured so many people on the roads and highways with Director Anne Ferro.

Mrs. Ferro took this to be a very high concern for all the people and drivers on the roads and highways.

The Treadle Valve problem is happening more today than in the past years.

Page 6

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

Hidden Variables in Drowsy Driving

Hidden Variables in Drowsy Driving

Knipling states that the idea of susceptibility to fatigue is a key point I n understanding

With more 30 years of traffic research experience, Knipling, president of consulting firm Safety for the Long Haul, reviewed a variety of fatigue and crash causation studies. He found that fatigue played more of a role in single-vehicle truck crashes than it did in multi-vehicle truck accidents.

“Fatigue related truck crashes mostly are single-vehicle events when the driver is alone,” stated Knipling.

“They are also very severe crashes, almost twice as severe as any other type.”

The Federal Motor Carrier Safety Administration conducted the Large-

FREE SUBSCRIPTION! Send your Name, email address, and phone number to MyTruckNews@gmail.com You may also Text your information to 541-404-0724 www.MyTruckNews.com

Truck Crash Causation Study approximately 10 years ago. In that study, fatigue was a proximal cause in 13 percent of single-vehicle crashes and only 0.4 percent in multivehicle crashes.

The Driver Alertness Study, done by the Department of Transportation in 1996, showed that 14 percent of the 80 drivers tested encountered 54 percent of all the “drowsy periods” recorded.

Knipling states that the idea of susceptibility to fatigue is a key point in understanding this issue. He points to such factors as amount of sleep, circadian rhythm, time awake and overall general health, combined with work related issues like complexity or monotony of the job can make some drivers more susceptible to fatigue than others.

The timing of asleep-at-thewheel crashes is another vari-

able that doesn’t fall neatly into expectations. While most such crashes occur between 2 and 7 a.m., a full 62 percent occur during the last two hours of that window, from 57 a.m. Furthermore, fatiguerelated crashes are more likely to happen during a driver’s first five hours on the road rather than later in a shift.

This information may be of interest to regulators if they decide to revisit the hours of service rules.

“The good thing about current HOS rules is that they conform to what I call ‘nature’s HOS,’ which is about 16 hours,” said Knipling. “The weakness of the current HOS rules is that they are largely unrelated to individual differences in circadian rhythm, [and] they have no direct impact on ‘sleep hygiene’ or the ability to obtain good, restorative sleep.”

- See more at: http://www.gobytrucknews.com/hidden-variables-in-drowsy-driving/123#sthash.xeuZfqMp.dpuf

By Go By Truck News+ Updated: May 2, 2014 Truck driver health and fatigue may not be as much of an influence on truck crash risk as one would expect, said Dr. Ronald Knipling at the 2014 Zonar Systems user conference held in San Antonio.

This information may shed new light on the evaluations both fleets and regulators use to recognize markers in driver crash-risk profiles.

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

Page 7

Tablet Owners Beware: Guard Your Information Tablet use in the US is on the rise, so much so that a full 85% of traffic from some websites takes place on a tablet or smartphone (which is basically a mini tablet).

Tablets, like the www.idtheftcenter.org iPad, Kindle Fire, Samsung Galaxy, and others, are convenient and easy to use, making them the perfect computer companion.

But new survey data from Harris Interactive has shown that tablet users are more likely to transmit sensitive personal information over the internet than other types of tech users. This information is typically things like credit card numbers as consumers shop online, but can include other sensitive personal information.

Part of the problem with tablets is they don’t have the time-tested security measures that we’ve come to expect from our desktop or laptop computers, but since they do much of the same tasks, we treat them like they do. Also, as companies buy tablets for their employees to use, a growing number of people who didn’t have the chance to educate themselves on tablet security now has access to them.

But tablets really are great tools if you know how to use them and respect your personal security. Some of the ways you can protect yourself through that small screen can make the difference between keeping your identity secure, and handing everything over to a would-be thief.

First, don’t utilize free wifi hotspots, popular in restaurants, hotels, and other businesses, if you’re going to be handling your sensitive information unless you have a VPN. If you are using a business’ hotspot, such as to sign up instantly with a store for a free promotion to receive a discount, don’t use a password you use for other accounts.

Tablets contain a feature in the settings that lets you set up a password to turn on the device. You can even turn this feature on and off, so you don’t have to enter the password to use it at home but can enable the feature if you’re using your tablet while out.

There are also features that let you track the tablet if it’s stolen, as well as delete all of your apps and information remotely if it gets stolen.

Learn how to use this feature and be ready to enable it if your tablet is stolen.

No matter how many feet away, never leave your tablet sitting in public. Even if

you’re just getting up to grab another packet of sugar for your coffee while you enjoy the free wifi, pick up your tablet and take it with you. It only takes a second to grab your tablet, and public places where people use their technology are favorite haunts for thieves who are waiting to grab your device and your identity. And that remote feature that lets you wipe the tablet? It just became a race between you and the thief to see who can work faster, the guy downloading all of your information, or the unhappy former tablet owner who’s trying to delete his information from his home computer or phone.

Finally, remember that a tablet is not a laptop. It doesn’t work the same way, and it doesn’t have the same security protections that laptops have. Tablets have been a great benefit to society, especially in terms of connectivity, education, the medical field, and business structure, but they are still a new tool to many people.

Don’t become so at ease with your device that you forget the power it can give a thief.

Don’t lose your career because your identity was stolen and someone is using your CDL! For more information on how to protect yourself against Identity Theft, contact Trish Neal.

TrishaNeal@hotmail.com

http://www.truckercharity.org/

No matter how many feet away, never leave your tablet sitting in public.

It only takes a second to grab your tablet...thieves are waiting to grab your device and your identity.

Page 8

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

OSHA hits waste hauler with $123,203 penalty Absolute Waste Removal ordered to reinstate driver who raised safety concerns and pay $123,203 in compensation following OSHA whistleblower investigation

www.osha.gov

...employers are responsible for providing safe and healthful workplaces for their employees.

CLEAR LAKE, Iowa – Absolute Waste Removal has been found in violation of the Surface Transportation Assistance Act by the U.S. Department of Labor's Occupational Safety and Health Administration for wrongfully terminating a truck driver for raising safety concerns during the reorganization of company routes.

Headquartered in Clear Lake, Absolute Waste Removal was ordered to reinstate the driver to his former position with all pay, benefits and rights, in addition to paying back wages of $23,203, plus interest. OSHA ordered the company to pay $50,000 in compensatory and $50,000 in punitive damages and reasonable attorney's fees.

"An employer does not have the right to retaliate against employees who report work-related injuries or safety concerns," said Marcia Drumm, acting regional administrator for OSHA in Kansas City, Mo. "OSHA is committed to protecting all workers from retaliation for exercising basic worker rights."

STAA may not discharge their employees or retaliate against them for refusing to operate a vehicle that would violate a federal commercial motor vehicle rule related to safety, health, or security, or because they had a reasonable apprehension of serious injury to themselves or to the public related to a vehicle's safety or security condition.

Either party in these cases can file an appeal with the department's Office of Administrative Law Judges.

OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, maritime and securities laws.

secretary of labor to request an investigation by OSHA's Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http:// www.whistleblowers.gov.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov

Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the

The driver was terminated from employment on Feb. 27, 2013, after raising repeated concerns to the company's owner about new procedures being implemented. The employee rightfully refused to operate a vehicle in an unsafe manner because such operation would violate American National Standards Institute and U.S. Department of Transportation regulations, potentially causing serious injury to the worker, co-workers or the public.

STAA covers private sector drivers and other employees of commercial motor carriers. Companies covered by

ATRI — Compendium of Idling Regulations— Cab Card — Handy to have in the truck! http://www.atri-online.org/research/idling/ ATRI_Idling_Cab_Card.pdf

Please submit all requests for transport to Operationroger01@yahoo.com. Transport application and requirement forms are available at: www.operationroger.com

M y T r u c k N e ws

V o l u m e 2 N um b e r 3

May is National Recommitment Month. Don't give up on your weight loss and exercise goals!

option is the vending machine at a rest stop? Learn which choices are the healthiest: http://ow.ly/vTJT3

Small steps add up! 25 ways to cut 500 calories a day=1 lb weight loss/week! We challenge you to try one this week: http://ow.ly/vTKeY

Mobile App Suggestion: Get Fooducated! Scan a barcode, see what's really in your food, & find healthier alternatives. http://Fooducate.com

Hunger pains can signal thirst.

Drinking a glass of water before meals can help you to feel fuller and to eat less.

Expand your food horizons with a new fruit or veggie, a vegetarian entrĂŠe, or a new kind of yogurt. Who knows, you may find a new favorite!

Realize that your only dining Continued from page 2 This makes me wonder, with the discrimination shown to obese people, if the severely obese students did not get the quality of training the other drivers did; I would hate to think so. Trucking has always attracted people who did not fit into other professions, in the last decade or so, many obese people have entered the industry. Some have been openly discriminated against to the point that

they have filed suit against companies and won. http:// www.slaterross.com/ McDuffy.htm In my opinion, I think that the elephant in the room in this regard is not how big the elephant is, but in how well they were trained. This study would have much more merit if experienced drivers, five years or more, had been studied instead of rookies. That

Page 9

Need help finding a healthy dining alternative? http:// www.healthydiningfinder.co m will point you in the direction of the healthiest choices.

There's no shame in asking for help. Feeding America can help you locate emergency food assistance services. http://ow.ly/vTGFF

Small steps add up!

Get more information at: www.drivinghealthy.org

would have taken out the possibility of slanting the statistics to make the point in the agenda by using inexperienced drivers. Since I have well over 4 million miles to my credit with no accidents, and have been obese to some extent or another for all of them, I think that this study for the most part is total balderdash; and I am sticking to that.

Expand your food horizons with a new fruit or veggie...

The ultimate goal of the Missing Driver Alert Network is to locate and return drivers reported missing to their family, without loss. While we realize that this may not always be the case, we will do our utmost best to get the word out to everyone in the trucking community with that goal in mind. We will work with the law enforcement community and truckstops around the country in coordinating any search to achieve this goal."

Find them on Facebook or on Twitter: @MissingTrucker

To report a missing Driver please call 720.202.5606 Please leave a message, someone will return your call .

Watch this Video on What to Do in Case Someone Has A Heart Attack http://www.heartrescuenow.com/

Link to the June issue: http://www.oregon.gov/ODOT/MCT/docs/June14.pdf Link to past issues: http://www.oregon.gov/ODOT/MCT/Pages/NEWS.aspx • News in this issue: • Surveys were sent out to check satisfaction with staff and services • FMCSA requires carriers/farmers to update USDOT numbers biennially • Work zone safety • Construction maps through Oregon work zones • Drivers must get medical certificates from a certified medical examiner • Oregon's partnership in passenger safety • Full Reciprocity Plan implementation • Scottsburg Bridge restriction is lifted • New load rating and posting for Specialized Hauling Vehicles • Over-dimension loads are subject to special restrictions on Memorial Day and July 4th • Weight-restricted bridges on major and lesser routes • Civil enforcement and motor carrier field enforcement actions from January through March 2014