May 2012

For EvanOn April 5, the Governor Mark Daytonheld a ceremonial bill signing for HF 392which requires crossing control arms onall school buses manufactured after Jan-uary 1, 2013. In attendance were the billauthors Representative Larry Howesand Senator Pam Wolf, MSBOA Presi-dent Doug Grisim, Sergeant Paul Davis,Lieutenant Brian Reu, Connie Grisim,and Tom Keliher as well as Erik andMelanie Lindquist from Pine River whose6 year old son Evan was struck andkilled by his school bus on March 2010.

The school bus driver Westal JohnMaine was sentenced to 10 days in jail andcharged a $135 fine for moving a schoolbus without ensuring that a child was out of the way. Maine said he saw no traffic, believed he had signaled to Lindquist tocross the road and recalled seeing him cross in front of the bus. Maine then became distracted by children on the bus; whenhe turned back around, he did not see Lindquist in front of the left bumper of the bus.

When he began to move the bus, Maine said he felt a bump toward the right rear of the bus. When he looked in his rearviewmirror, he saw the boy lying in the roadway. As part of the sentencing, Maine’s jail time was suspended if he participated ina speaking engagement with area bus drivers in an effort to educate them on school bus operator safety. Because of Maine’sdeteriorating health, he has been unable to fulfill those requirements.

It was following this incident that the MSBOA Board of Directors agreed to initiate legislation to require crossing arms on allbuses in Minnesota. While it may not be an infallible system, the Board of Directors felt that the potential to save live wasworth the cost of standardizing the equipment.

When a tragedy like this happens, it sends a wave of sorrow through driver’s rooms and bus garages around the state. Wepreach about safety all the time, so much that it becomes second nature. We say we bleed yellow. We sit in meetings andnegotiate about what is essential to do the safest possible job in an environment that sets its priorities based on economicresources. We are passionate about this industry to our very core. But when accidents occur, the realization of what we areup against every day is laid bare. We are all human, life is extremely fragile and one mistake can irrevocably change lives.

Evan was six years old. His parents wore his picture on their t-shirts at the Capitol. Governor Dayton thanked them for theirbravery. They distributed cards with Evan’s smiling face and his little kindergarten handwriting proclaiming “I luv my famle(family)” in the exuberant way that only a six year old can. This is what they have left of his short life; pictures and memo-ries of a little boy who loved Spiderman, maple syrup and drawing.

Continued on page 6.

Volume 42 Issue 5 • May 2012

SUMMER CONFERENCE REGISTRATION & TRANSPORTATION SPECIALIST AWARD APPLICATIONS INSIDE

OperatorThe

Members of MSBOA, DPS, and Evan Lindquist’s parents present for recent bill signing.

2

BBOARDOARD OFOFDDIRECTORSIRECTORS

JOHN BENJAMIN, NORTHFIELD

507.645.5720/FAX [email protected]

MIKE CLARK, FERGUS FALLS


CONNIE GRISIM, STEWARTVILLE


DOUG GRISIM, LAKE CITY


TOM HEY, MARSHALL

507.532.4043 / FAX [email protected]

KEN INSELMANN, WILLMAR


STEVEN JANNINGS, ALBERT LEA

507.373.1467/FAX 373.2714

[email protected]

BRIAN KOCH, WACONIA


JIM KOONST, BELLE PLAINE


GAYLEN LENZ, LAKE CRYSTAL


RUDY LUNDAHL, DULUTH


ROGER MILLNER, ANNANDALE

320.274.8313 / FAX 274.8027

[email protected]

CHARLES PETERSON, JR., ANDOVER


JIM SCHIFFLER, MINNEAPOLIS


JOSH SCHIFFLER, CROSBY


LINNEA WEIDA, LITCHFIELD


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LAYOUT & DESIGN: SHARI DANZEISEN

VIEWS PRESENTED IN THISNEWSLETTER MAY NOT NECESSARILY REPRESENT THEOPINIONS OF THE ENTIRE MEM-BERSHIP OR ITS BOARD OF DIRECTORS.

PRESIDENT

DOUG GRISIM

FIRST VICE PRESIDENT

GAYLEN LENZ

SECOND VICE PRESIDENT

JIM KOONST

TREASURER

ROGER MILLNER

EX-OFFICIO

TOM HEY

From the PresidentDoug GrisimLake City Bus Lines, Lake City, MN

Greetings from Lake City!

I would like to start this month’s article with a huge THANK YOU to all of youwho attended one of the three “Safety and Compliance meetings”. In case youmissed them, they were held in Mankato, Bemidji and St Cloud during Marchand early April. The MN State Patrols, Office of Pupil Transportation Safety, ledby newly appointed Lt. Brian Reu, did an awesome job of assisting us in prepar-ing for and presenting very informational sessions. The only negative feedbackI am aware of is that it was too short in time. And that my friends is a good thing!Why? Because now we want you to sign up for the Next Big Event, the 2012MSBOA Summer Conference. You have the opportunity to take part in thisexciting event held for the first time in Walker, MN at Chase on the Lake.Steven P. Jannings and I stopped there on our way to Bemidji and we both havegiven it a 2 thumbs up! So, if you haven’t signed up by the time you are read-ing this do so now!! Your attendance is an investment in your company, and adirect reflection on your desire to provide safe and efficient student transporta-tion to your school district. I guarantee you that you will go away with at leastone inspirational feeling. One more incentive… If you have never been to a

MSBOA summer conference, make this one your first and I will personally have

a gift waiting for you. Now that should get you thinking!

In closing… Far away in the sunshine are my highest aspirations. I may notreach them, but I can look up and see their beauty, believe in them, and try tofollow where they lead. Louisa May Alcott

Travel Safe! See you in Walker.

The 2011-2012 Biennial Sessions is winding its way to theend, not necessarily with a bang but with more of a whim-per. The Vikings stadium proposal has about a week left togarner enough support to pass both the State House andState Senate. The likelihood of success for a $995 millionstadium for a very wealthy person from out of town is still along shot. For most of the last month the GOP controlledLegislature has been passing legislation on to the Governorproposals they know he does not support. Differences inphilosophy and political viewpoints have led each politicalparty to dig in and further the distance between themselvesand any meaningful agreement.

MSBOA has been able to navigate between these differingpolitical viewpoints, working to pass legislation that fostersboth public safeties for the pupils we transport and ease thegovernmental hurdles and burdens that bureaucracies andgovernments create.

I would like to thank to the Minnesota State Patrol’s Office ofPupil Transportation Safety. Sargent Paul Davis and Lieu-tenant Brian Reu have been very helpful and MSBOA real-ly noticed and appreciated their efforts in support of issuesimportant to MSBOA and student safety. Their help in thepassage into law of the new crossing arm standard and theadoption of the 2010 National School Bus Safety Standardswas significant.

In the House Transportation Policy Bill, HF 2685, is an itemof interest to MSBOA. We have been working to have thesame Federal requirements for drug and alcohol testing forType III vehicles that applies to A, B, C, and D buses. Thelanguage would super cede State Law and would have allvehicles under the same drug and alcohol standard. I hada long phone conversation with a gentleman from the Rail-road Workers Union regarding this issue. He wrongfullybelieved that MSBOA was attempting to alter Federal Codeaffecting Railroad workers drug testing requirements. Aftermuch conversation, he reluctantly agreed that we were justreferencing a Federal drug testing code, not amending one.However, before he got the facts, he had contacted StateLegislators and staff expressing his false interpretation. Hehad agreed to back track and tell all the folks he had con-tacted that he was incorrect, which he has done.

MSBOA has also been working to restore two of the trans-portation cost allocation reporting options when school buscontractors report to school districts who in turn report to theDepartment of Education. Last year, the Legislaturechanged the reporting options removing the cost-per-hourand cost-per-route reporting methodology. After speakingwith a wide range of education groups and the Department,it seems for now that our efforts may not have these optionsrestored and included in an Education Policy Bill. We had ahearing in the State House, all education bills are held overfor possible inclusion in the Policy Bill. In this case the Chair

of the House EducationCommittee did not choose toplace our language in hisfinal bill. MSBOA really wasthe only group working torestore this language. In theend the Department of Edu-cation was luke warm to our idea and groups representingschool districts did not weigh in on either side. This may bean item that we work on for 2013.

An extension of the Commissioner of Commerce’s orderexempting number 1 diesel fuel from the biodiesel contentrequirements under Minnesota Statutes, section 239.77 willbe extended until March 31, 2015, for the months of Octo-ber, November, December, January, February, and March.This will become effective April l 1, 2012. MSBOA hadwanted the exemption to include number 2 diesel, but thesupport for that was low, and the opposition from the BioFuels industry was high. Last week a surprise was enteredinto the debate, lobbyists for Archer Daniels Midland (ADM)made an appearance at the State Capitol. Their purposewas to lobby to remove the exemption for number 1 diesel.Both the Petroleum Marketers and MSBOA were opposed.I had a conversation with Senator Magnus whose bill theexemption was included, described our concerns and hestated that the exemption would stay. I was told that in num-ber 1 diesel blended, bio will not stay blended and will “fallto the bottom” in cold months, creating a substance with aconsistency similar to bacon grease or Vaseline.

Booster Seats in TYPE A Buses under 10K is an issue leftover from last year. The Department of Public Safety (DPS)can receive a $400K grant for student safety initiatives if ourState Law requires booster seats in TYPE A vehicles weigh-ing under 10K. Within MSBOA membership there are veryfew of these vehicles, and while MSBOA believes thatbooster seats are unnecessary with the addition of theadjustable seat belts, fighting DPS over this mandate wasdeemed to be problematic, given the federal grant and tightstate budget dollars. A provision in this language would letschool districts and day care providers to access a finefund, from fines paid for non-compliance, to purchasebooster seats. MSBOA firmly believes that if private daycare providers can access the fund to purchase boosterseats, then MSBOA should be able to access the fund. Atthe present time it seems that day care providers would beremoved instead of allowing access also to independentbus contractors.

As always if members of MSBOA would like to talk furtherabout issues, or have comments or thoughts, please feelfree to contact me at [email protected]. I look for-ward to hearing from members. My next article for MSBOAwill have a description of all the bills that were finally passedinto law.

3

Legislative UpdateBy Tom Keliher, Keliher Government Affairs Consulting, LLC.

Phone (612) 723-5168 • Email: [email protected]

The Minnesota School Bus Safety Committee met onWednesday March 21, 2012 in St. Cloud, MN.

MDE – Kelly WosikaKelly passed out copies of the Department’s April ‘Vehicle’.Topics include National Bike Month, Reference Guide fortransporting Students with Disabilities, School Bus Pur-chase, Reporting, along with grant information for SafeRoutes to schools. This is also available on the web site.

Department of Public SafetyLaw Compliance- Paul DavisThe department’s initiatives for the Legislature have all beenapproved. This includes the 2010 National Standards.Regional meetings were VERY successful. Make sure yourdriver’s files are up to date and not more than 380 days havepassed since the last evaluation.

Senator Howe from Red Wing wants to re-visit the Type 2training and Paul will be meeting with him again on May10th. This will probably come up next year. Stay tuned.

FMCSA staff was recently trained on current drug and alco-hol testing.

A new system will be coming that will ask school bus driveremployers for a list of all their drivers and DL numbers. Thissystem will look to see where these drivers have workedrecently and if they have had drug and alcohol offenses thathave not been reported. Drivers will be prosecuted if they didnot report these to their employer. Employers also need toattempt to get this information from previous employers.

Duane Bartels – Brian Reu could not make it today. Duane has been trainingin a new employee, Jim Elling for the South metro Area.

Deb CarlsonCathy Childs is the new Exam Coordinator. Training newexaminers is continuing. St. Cloud has a new regional super-visor. Physicals are current. Some of the test questions arebeing updated. When an endorsement has been canceled,this needs to be recertified to CDL.

Deb will be at the MSBOA summer conference.

Would like to revisit the endorsement process at TTT.Employers are not faxing in the initial background check tothe Department and this results in a lag in issuing license.

Type 3 drivers need to have the same criminal backgroundcheck as CDL drivers.

Mechanics that drive school buses without students need aclass B license and need to also self-certify.

Committee ReportsTTT- Ray Kroll was not in attendance. Sherry case reportedThe dates are July 10-13, 2012 in Hinckley. Save the Datecards went out and flyers should be ready next week whichwill have the schedule for drivers to see. You can registeron-line or by mail.

Rodeo –Sherry Case was not in attendanceThe Road-eo will be Saturday June 2nd in Duluth at the Her-

itage Sports center. The Super 8 still has a limited num-ber of rooms available until May 1. This is about 1 milefrom the Center. The phone number is 218-628-2241.Located at exit 253 B. For those interested a dinner/ban-quet is being planned for Saturday evening.

Poster contest- Cindy McKay The theme this year is’ Stand Back for the Yellow andBlack’. Judging took place before this meeting andresults will be posted soon. There were 67 entries. Twonew districts participated this year.

Stake Holders Group- Emily WhiteNext meeting May 7th

Organization ReportsMSBOA – Summer Conference June 10-12

MAPT – John ThomasSummer conference will be at Craguns this year for thelast time June 13-15

Continued on Page 5.

4Minnesota School Bus Safety Committee

5

MN School Bus Safety MinutesContinued from page 4.

New Business: Kayla reported that the power point for the Type 3 train-ing has been re-done. DPS, MSBOA and MAPT met towork on this. It should be completed by the end of themonth, but for sure by TTT and will be rolled out on Fri-day of TTT. The Model School Bus Training will have thetrailer piece added at TTT.

Frank Zeman reported that Mpls. is piloting 5 highschools this fall that will be using Metro Transit ‘Go To’cards to get back and forth to school on regular MetroTransit routes.

Dean Krause form St. Francis reported he has 20 busesfor sale from 2002-2007.

Kelly from MDE reminded everyone that student safetytraining needs to be given to all students K-6 even if theydon’t ride a bus on a regular basis, but may on a field trip.

MAKES Great Driver Gifts!!!Don’t miss out! The recently published MSBOA Family Cookbooks are still available for $22.00. This is an excitingcompilation of approximately 150 recipes from bus drivers and contractors from Minnesota. Many members havepurchased these fun items for driver of the month awards, gifts, etc.

Members purchased the books for their drivers for Christmas last year and reported to our office that they were verywell received!

All proceeds from the cookbook go to the MSBOA Safety Fund. To order your copy, please see the order formincluded in this issue of The Operator.

Pre-Trip Inspection DVDLooking for new training ideas for your current drivers? Looking to update someof your old training materials for new drivers? Look NO FURTHER!!! In 2008,MSBOA partnered with MAPT to create “Inspecting Your School Bus” DVD in HD.

Copies are available for immediate shipment. Please find the order form insert-ed into this issue of The Operator. Proceeds from this video go to fund new safe-ty projects for MSBOA.

Following the meeting with Governor Dayton, President Doug Grisim spoke with the Lindquists for a few moments. Grisimvoiced a hope that perhaps all of us can pick up the message that Westal Maine has been unable to deliver. Let’s make it amessage about driving distractions, guarding against complacency, mirror adjustment, crossing procedures, checking andrechecking and to continue going above and beyond in the name of safety. We need to do better. For Evan.

This was written in the Lindquist’s card:I am Evan. You might not have met me before, or maybe we are good friends already. Evan Lee Lindquist is my full name.Some people call me “Easy E” or “Knuckle Head”. My mom calls me “Honey” but I’m not sticky so I don’t know why she callsme that. I am six years old. I have two sisters, Anneka and Maren, and I am their BIG BROTHER. My mom’s name is Melanieand my dad’s name is Erik. She is smart and pretty. He is tall and crazy. Sometimes too crazy if you ask me. We live in a smallyellow house in Pine River. Actually, the real Pine River is in my backyard. I love the river. My dad takes me skating on the riverwhen it freezes and we swim in it when it’s hot outside. My dog Kuma comes swimming with us too. We have lots of trees atour house. Some of the trees my dad uses to tap for maple syrup. I like to go with him when he looks for sap. Sometimes heeven lets me drink some of it right there in the woods. When the syrup is ready, my mom will make breakfast for me. My favoritebreakfast is toast with peanut butter and maple syrup on it. It’s good. Trust me.

I am a little boy. I love Spiderman and castles and robots and dinosaurs. I love to make things and play outside and be loudand silly, but I also like to be quiet and read so I can learn things and get smarter. I play soccer and hockey, I fish, I swim andI am in Tae Kwon Do. Sometimes, when I am outside in the yard playing, I will get an idea in my head that I just HAVE to putdown on paper. I will run in the house and tell my mom I need to write something down and she will give me paper and I willwrite what I have in my head. Lots of times it will be a picture. I love to draw. I draw what I see around me and I draw the ideasof things I want to do. There is a drawer I my kitchen that my mom keeps all my important papers in. It is a very full drawer.

I love my family. Not just my mom and dad and my sisters, but my aunts and my uncles and my cousins too. And my Nana,my Grammie, my Papa and my Grandpa. Plus I love my GREAT grandmas and grandpas too. And I have lots of friends fromschool, from church and from daycare that are my family too. Even the people that live in Pine River are my family and I lovethem too. All of these people made the little boy that I am.

We might not get to play together again, but I will still be with you. When you go to the places we used to go to together, I willbe there with you. On the river, in the woods, at the library, at school, on the playground, at church. Wherever you are, I willbe with you. Maybe you will miss me, but it’s okay. We arefamily, and I love you.

“I’d live like this forever if I had to!” Evan Lee Lindquist10/17/2009

Pine River Backus Schools will be holding a Memorial 5Kon May 12, 2012 run to raise funds for a scholarship fundin Evan’s name that will benefit students starting withEvan’s class in 2022. If you are interested in taking part ordonating to the fund, details are on the PRB School’s web-site.

6

For Evan: Continued from Page 1.

NOW IS THE TIME……TO PROMOTE RIDING YELLOW & SPREAD THE WORD BY JIM KOONST, STIER BUS, BELLE PLAINE, MN

As preparation begins for the next school year, I’m sure many of you are involved with Kindergarten round-ups, just as weare. Having an opportunity to promote the safety & benefits facts of riding the “yellow big bus” to the new students & theirparents is a great time to “spread the word.” Many kindergarteners look forward & are excited to ride the bus, along with con-cerns and some apprehension by parents as to the logistics and care their child will receive while riding the bus.

I believe, having this opportunity to communicate with, andeducate the parents will ease their concerns & promote stu-dent safety and ridership. MSBOA web site has links tomany of these sites for research.

American School Bus Council (http://www.americanschoolbuscouncil.org/issues/access-to-learning) is one site I recently visited and shared with par-ents. I found some of these statistics interesting. For exam-ple, did you know?

Fact: the Yellow School Bus is the safest way to get toschool. According to the National Highway Safety Adminis-tration:

“Every year, our nation’s 450,000 public school buses trav-el more than 4.3 billion miles to transport 23.5 million chil-dren to and from school and school-related activities. Therecord is impressive: American students are nearly eight times safer riding in a schoolbus than with their own parents and guardians in cars.” National Highway Safety Admin-istration. “School Bus Safety: Crashworthiness Research.” April 2002. Link.

Fact: Nearly 30% of School Bus Fatalities Are Actually Due to Other Vehicles Since 2000, 130 school-age pedestrians (younger than 19) have died in school trans-portation-related crashes. Over two-thirds (67%) were struck by school buses, 6 percentby vehicles functioning as school buses, and 27 percent by other vehicles involved in thecrashes. There were 56 (43%) school-age pedestrians killed in school transportation-related crashes between the ages of 5 and 7. National Highway Traffic Safety Adminis-tration, “Traffic Safety Facts, 2009 Data.” DOT HS 811 396, Revised March 2011, Link

“Students are about 50 times more likely to arrive at school alive if they take the bus thanif they drive themselves or ride with friends. But did you also know that your children aremuch safer riding the bus than being driven by themselves, friends or parents?”

Having been a part of many kindergarten rounds-up, statistics are a great ice breaker tohave open discussions on how safe school busses really are. The question about seatbelts is always brought up and what an opportunity to “spread the word” about compart-mentalization. It is also a great time to promote your company, drivers, student training,etc. So, if you haven’t participated in an opportunity like this, please consider doing so.It is a great way to “spread the word”.

Hope to see you all at this summer’s convention.

Jim Koonst

7

A CONTINUING SERIES OF BOARD COMMENTARIESNews and Views

2012 MSBOA Summer Conference:June 10-12, 2012By Shari Danzeisen

Plans for the 2012 MSBOA Summer Conference are well underway. We will be at a new location this summer: Chase onthe Lake in Walker, Minnesota - right on the shore of Leech Lake. Chase on the Lake is an equisite facility. The Chase hasa very rich, interesting history...and the resort (though not the original building) has been in existence since 1898. You canread the history of the resort on their website: www.chaseonthelake.com

Besides having a new location for our conference we have some truly spectacular speakers lined up for the event! RossBernstein, author and reknown speaker will present “The Champion’s Code: Life Lessons of Values and Integrity from theSports World to the Business World.” A big thank you to SFM Mutual and Wells Fargo Insurance sponsoring this speaker -it should be a great event and we wouldn’t have been able to have Mr. Bernstein without their sponsorship!

Tom Revnew, from Seaton, Peters, and Revnew, will be presenting “Hot topics in Transportation”. This presentation will helpcontractors deal with difficult employees, an aging workforce, and Federal Law updates. The resource officers from the MNDepartment of Public Safety will also be on hand to provide any new updates to our members on current or upcomingchanges to state statute. In addition, we have recently invited a School Bus Driver Examiner to address the most commontesting issues for new licensees.

We will also be featuring Dennis Mannering for a presentation entitled “Attitudes are Contagious, Are Yours Worth Catch-ing?” Attitudes affect everything in our lives - our personal lives and our businesses. Learn how to put quality into your lifeboth at work and in personal relationships.

You have been asking....we deliver!!! “Sh-Boom” will be returning to play at our summer conference this year. For those ofyou who are not familiar with “Sh-Boom” it is a popular 50-60’s cover band of which our own MSBOA Board member, RudyLundahl is a member! They will be entertaining our group on Sunday night, and it will definitely be a good time!

The MSBOA will be having a golf tournament and a silent auction as we have in past years. If you are interested in donat-ing an item for the silent auction, please bring it with to the conference or send it to the MSBOA Office at 10606 Hemlock St.NW Annandale, MN 55302. We used the proceeds last year to fund our PAC, “Friends of the MSBOA”, which benefits allmembers in helping members of legislature get to know our issues. We have also used the funds for the MSBOA SafetyFund in the past which is used to fund safety projects like the “Stop and Stay Stopped” billboard campaign.

On Monday night, we will be having our annual President’s Banquet with social hour sponsored by Wells Fargo and DaveBakken. We will be honoring the 2012 Transportation Specialist Award Winners, along with this year’s Jim DeVeau Awardrecipient and the Lifetime Achievement Award winner. We will wrap up the evening by having our MSBOA Safety Raffle.

Please take a look at the enclosed agenda. Registration is easy. Go to: http://goo.gl/nSZRM

Relax, Refresh, Reconnect & Recharge!

Register Today!!!

8

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NLRB Poster Requirement Delayed (Again)!On April 17th, the U.S. Court of Appeals for the District of Columbia issued an emergency injunction, enjoining the NLRB’srule requiring employers to place a poster in their workplaces. The poster requirement was scheduled to go into effect onApril 30, 2012. The Order follows the lower court’s March 2, 2012 decision, which invalidated the enforcement mechanismsand penalties that were prescribed for violations under the rule. In the April 17th Order, the Court of Appeals denied a requestfrom the NLRB to permit the rule to take effect while the court system continued to review the legality of requiring the post-ing. In denying the NLRB’s request, the Court determined that the uncertainty surrounding the legality of such enforcementnecessitated postponement of the rule. The April 17th Order is aligned with an April 13, 2012 order from a District CourtJudge for the District of South Carolina, which invalidated the poster in its entirety and determined that the NLRB over-stepped its authority.

The decision represents a significant win for employers as they are not required to post the NLRB’s employee rights posterin their workplaces at this time. This most recent determination is the fourth time the poster requirement has been delayed.The Court’s April 17th Order granting the emergency injunction set oral argument on the matter for September 2012 (whichmeans the Court will not decide whether this posting will be required until sometime after September 2012).

Employers should also be aware that the NLRB’s new union election rules are currently scheduled to go into effect on April30, 2012. The United States Chamber of Commerce and the Coalition for a Democratic Workforce are currently challeng-ing these new election rules because they decrease the amount of time for the election period and eliminate current safe-guards that prevent employees from rushing into an election uninformed and unfamiliar with the process. The same judgefrom the District of Columbia that validated the NLRB’s poster requirement is decidingwhether these new rules are legally enforceable.

As both the poster requirement and new union election procedures work their waythrough the court system, this recent activity by NLRB highlights the importance of train-ing managers to legally respond to union organizing efforts. Employers that are educatedon these issues are able to legally and efficiently address these issues with their employ-ees. Additionally, employers with good employment practices are far less likely to be sub-ject to union organizing drives led by unengaged or disgruntled employees.

Legal Notes 9

HOTLINE PHONE: (952) 921-4622

BY THOMAS REVNEW, ESQ., OF SEATON, PETERS & REVNEW

Best Values:

• Legal Hotline for MSBOA Members

• Employee Handbook & Employment Materials Package $875(Includes 2 hours of attorney time - hourly rates thereafter)

• Drug & Alcohol Testing Package $425

Ask for MSBOA Discount of$100 off above packages

Contact Tom Revnew

7300 Metro Blvd., Suite 500 • Minneapolis, MN 55439Tel 952.896.1700 • Fax 952.896.1704

www.seatonlaw.com

As a valued member of Minnesota School Bus Operator's Association, you areentitled to using Thomas Revnew of Seaton, Peters & Revnew Legal Hotline free ofcharge. During each six month period, you will be entitled to two free fifteen-minute telephone calls to the Hotline. MSBOA encourages you to use this free ser-

vice. When using the hotline, please follow the following procedure:

1. Call Tom Revnew's direct dial, which is (952) 921-4622.

2. Identify yourself, your company name and that you are a client of MSBOA.

3. If Tom Revnew is not available, please leave a voicemail with the information described above and Tom will return the call as soon as possible.

4. If Tom Revnew is not available and your call is an emergency, please dial "0" when you receive Tom's voicemail and you will be transferred to the receptionist.

FMCSA Addresses Issues with Medical Examiners and Sleep ApneaShelly Jonas

Two items of interest to school bus operators were published in the Federal Register on April 20th. The first noticeannounced proposed recommendations on Obstructive Sleep Apnea for Commercial Motor Vehicle Drivers based on the tes-timony of an advisory panel that deliberated at the agency’s request on February 6th, 2012.

One of the proposed recommendations required drivers with a Body Mass Index of greater than 35 to be granted a 60 dayconditional certification pending a sleep study and treatment. Other factors also to be examined were neck sizes of over 17inches for males and 15.5 for females, Hypertension, Type 2 diabetes or being over 42 years old. The owner operated truck-ing association has been a vocal opponent to these proposed rules. They have researched cost of sleep labs and calculat-ed that 49 percent of the 3.5 million commercial truck drivers have a BMI of 30 or greater. And if that number of drivers isrequired to undergo sleep lab exams, such a rule would cost truckers $5.25 billion.

However, the agency must have jumped the gun as it withdrew the proposal later on the same day stating that it was a cler-ical error and will be requesting comments later in the year. The proposal put forth thus far is very detailed and also calls forimmediate disqualification of drivers who admit to experiencing “excessive sleepiness” during the major wake period whiledriving or if a driver experiences a crash or is non-compliant with treatment. Hopefully FMCSA will review some of theserequirements. Watch for further updates on this issue.

The second notice addresses the National Registry of Certified Medical Examiners(ME) for Commercial Motor Vehicle Drivers. This will become effective on May 21,2012 and will go into effect May 21, 2014. The 32 page notice in the Federal Registeraddresses the comments and input that were collected during the comment period.

Some highlights:Advanced Practice Nurses (APNs), Doctors of Chiropractic (DCs), Doctors of Medicine(MDs), Doctors of Osteopathy (DOs), Physician Assistants (PAs), or other health careprofessionals authorized by their States to perform physical examinations will all be per-mitted to apply for ME Status.

As part of the Final Rule, the National Registry Program would be available through a public Web site, so that drivers and employers could find the names and addresses ofnearby MEs listed on the National Registry. Over-the-road truck drivers had concernsabout reliance on the internet for access. The FMCSA has indicated that they antici-pated that an 800 number will be used as well.

A private citizen inquired whether or not this was a good, targeted use of resources.The FMCSA responded that the Large Truck Crash Causation Study (LTCCS) datashow that approximately 2.2 percent of crashes involve a crash where the truck driverwas assigned the critical reason for the crash and the main contributing factor was thehealth or physical condition of the truck driver. The FMCSA estimates that improved screening of drivers will prevent 1,219 crashes per year.

Cost and Scarcity were other concerns that were raised. There will likely be a minimalincrease in the cost charged by MEs to reflect the cost of becoming certified. FMCSAestimated that becoming certified would cost approximately $550 per examiner in outof pocket costs—$440 for training and $110 to take the certification test. They felt thatcost was easily recouped following 3-8 medical examinations.

Commenters also argued that scarcity would result in difficulties in scheduling physicalexaminations. Commenters said many drivers will experience longer wait times and no walk-in opportunities for physical examinations. According to NSTA, difficulties inscheduling physical examinations could impede school bus service because newlyhired drivers may be unable to receive physical examinations before the start of school.

The FMSCA responds that it has a goal of having 40,000 ME nationwide and thatscarcity will affect very few. They believe that online training for ME will help eliminatescarcity in rural areas.

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Minneapolis Decides to put HighSchool Students on Transit BusesShelly Jonas

According to the Star Tribune, over the next two years, Minneapolis Public Schools will move 4,900 high school students offyellow school buses and give them metro bus passes. They cite increased flexibility as the reason for the move.

The district believes that the cost will “almost” be offset by the reduction of late activity buses. The bus passes will be ableto be used from 5 am. to 10 pm.

Currently the district gives buses to about 900 students who are in a program that requires them to travel across the city. Allhigh school students that live over 2 miles from their school will eventually get bus passes over the next two years. Also get-ting bus passes will be students who live less than 2 miles who are on the free and reduced lunch program.

The Star Tribune states that students at Patrick Henry High School, especially those in the Hmong community, are concernedabout the change. One student said that the buses are frequently late and that she must wait in detention until second peri-od before she can get to class. She also complained about sexual advances from male passengers on the metro bus. Anofficial of Minneapolis Schools, Courtney Cushing Kiernat, stated that they believe stu-dents may be safer because they have access to Transit Police and that other adults arepresent on the bus. However, a quick search of Minneapolis police records shows mul-tiple incidents of passengers with guns, robberies at MTC bus stops and assaults with aonly a matter of days.

Detractors of the program point to the way the Hmong left North High School a few yearsago and went to Hopkins because they didn’t feel safe on their way to school. Hmongstudents currently make up about half of the student body at Patrick Henry.

There are Federal laws to prohibit government entities from competing against school busprivate operators, but it would appear that Minneapolis has cut those private operatorsout of the loop entirely which is a direct violation of the spirit of those laws as well as thestate laws that were set up to protect school children. School buses must meet a myriadof regulatory requirements from the vehicle specifications to the driver qualifications.There is a clear intent of legislators and government to provide the safest ride possible toschool children. Apparently, Minneapolis does not believe that their high school studentsneed this protection.

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Register for the upcoming summer conference today...

Agenda with online registrationinstructions are included

in this issue!!!

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From the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Legal Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

News and Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

MSBOA PlannerSave these Dates!

Minnesota School Bus Safety CommitteeMeets 3rd Weds. of Every MonthLocations VaryContact: LeAnn Livingston 651-982-8193

Transportation Issues Study CommitteeMeets 4th Weds. of Every MonthContact: Keith Paulson 763-506-1132

Office of Pupil Transportation StakeholdersQuarterly Meetings Held, Dates VaryContact: Lt. Brian Reu 651-405-6047

June 10-12th, 2012 MSBOA Summer ConferenceChase on the LakeWalker, MN

January 18-19, 2013MN School Bus Safety ExpoCrowne Plaza & St. Paul River CentreSt. Paul, MN

June 9-11, 2013MSBOA Summer ConferenceChase on the LakeWalker, MN

Northern RegionSergeant James SenenfelderNorthern Regional TrooperPhone (612) 360-5172E-mail: [email protected]

Metro RegionSergeant Paul DavisMetro / Central Regional TrooperPhone (612) 685-4820E-mail: [email protected]

Southern RegionSergeant Chad DauffenbachSouthern Regional TrooperPhone (507) 430-0791E-mail: [email protected]

MN State PatrolContacts

Listed to the right is contact infor-mation for the state troopers incharge of school bus transporta-tion.

Use this contact information!They are ready to help with anyquestions or concerns you mayhave!

In This Issue:

May 2012

Documents

Transcript of May 2012