Physical Qualification of Drivers

1. Attention Attendees: • Thank you for attending! • The presentation will start in a few minutes at 1:00 PM Central. • You will be muted during the event. • Please use the Question feature to text questions to “Q & A”. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • The slides and recording will be posted within 7 days at: http://www.jjkeller.com/nptcinfo Physical Qualification of Drivers This webcast will cover ... Physical qualification requirements Best practices related to physical qualifications Functional capacity screening Question & Answer Moderator Dr. Gary Petty, President & CEO, NPTC Panelists Tom Bray, Sr. Editor – Transportation Management, J. J. Keller & Associates, Inc. Tom Moore, CTP, Senior Vice President, NPTC Mike Walker, Director of Transportation, Metal Sales Manufacturing Corporation.

2. Physical Qualification of Drivers October 2nd, 2013

3. Dr. Gary Petty President & CEO National Private Truck Council

4. Introduction • Regulations – Tom Bray • Policy and Procedure Best Practices –Tom Moore • Metal Sales Manufacturing Program – Mike Walker • Housekeeping issues: • You will be muted during the event. • Please use the Question feature to text questions to the Q&A Panelist. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • If you lose sound at any point, you can dial-in by phone using the number and Pass Code listed below. • If you lose the program window and need to re-loginbe sure to enter a different e-mail address to avoid being denied access for multiple logins. Gary Petty National Private Truck Council

5. Driver Physical Qualification Requirements Tom BrayJ. J. Keller & Associates, Inc. Thomas Bray Editor, Transportation Management J. J. Keller & Associates, Inc.

6. Who needs an exam? • Anyone operating a CMV as defined in §390.5 • Commercial motor vehicle (CMV) includes vehicles: • 10,001 lbs. or more (rating or actual); or • designed or used to transport more than 8 passengers (including the driver) for compensation; or • designed or used to transport more than 15 passengers, including the driver, not for compensation; or • used to transport a placardable amount of hazmat Tom BrayJ. J. Keller & Associates, Inc.

7. Who needs an exam? • Anyone who has not had an exam within the past 2 years, (could be sooner depending on the expiration date of the current med card) • For new hires, you may: • Accept a current medical certificate; or • Require a new exam • Drivers whose ability to perform his/her normal job duties has been impaired by a physical or mental injury or disease (this is a carrier decision) • Reference: §391.45 Tom BrayJ. J. Keller & Associates, Inc.

8. Medical standards • Section 391.41(b) covers 13 medical areas • When in doubt: • Use a medical advisor • Consult FMCSA: fmcsamedical@dot.gov Tom BrayJ. J. Keller & Associates, Inc.

9. Medical standards: guidelines §391.41(b) Guidelines for medical disqualification: • Loss of foot, leg, hand, or arm • Impairment of hand, finger, arm, foot, or leg • Cardiac disease • Respiratory dysfunction (including untreated sleep apnea) • High blood pressure • Rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease • Mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with operating a CMV • Use of a 21 CFR 1308.11 Schedule I substance, an amphetamine, a narcotic, or any other habit-forming drug • Current clinical diagnosis of alcoholism Tom BrayJ. J. Keller & Associates, Inc.

10. Medical standards: Absolutes • §391.41(b) Absolutes (i.e., no judgment calls by the examiner): • Insulin-dependent diabetes • Epilepsy • Vision • Hearing Tom BrayJ. J. Keller & Associates, Inc.

11. Exam procedures • Medical Advisory Criteria, FAQs, and MRB Recommendations: • “Fills in the blanks” • Published by FMCSA • Used as a reference by examiners • Offers more details than exam form • Refers examiners to detailed studies Tom BrayJ. J. Keller & Associates, Inc.

12. Exam procedures • Medical examiner’s discretion includes: • Issuing a card based on findings • Issuing a card for entire 2 years despite guidance • Requesting additional tests or information • Such as sleep study or medical release from specialist • Issuing a card for lesser time frame than guidance • Not certifying the driver Tom BrayJ. J. Keller & Associates, Inc.

13. Certification • Driver given medical examiner’s certification (“med card”), carrier must place copy in DQ file • Original long-form physical is kept at the medical examiner’s office • Must be requested within confines of HIPAA • Maintained separately from DQ and personnel files • Medical examiner’s certificate does not fall under these privacy laws Tom BrayJ. J. Keller & Associates, Inc.

14. Medical examiners: now • Currently, a medical examiner must: • Be a licensed, certified, and/or registered doctor of medicine, doctor of osteopathy, physician assistant, advanced practice nurse, or doctor of chiropractic • Understand the demands of being a driver • Know the regulations and reference materials • Reference: §391.43, §390.5 Tom BrayJ. J. Keller & Associates, Inc.

15. Medical examiners: near future • National Registry of Certified Medical Examiners: • Examiners must receive approved trained, pass a test (certified), be placed on an official list, • Drivers/carriers must use an examiner from the list beginning May 21, 2014 • New boxes on the forms include (required in 2014): • Medical examiner’s National Registry number • Identification of type of commerce in which the driver is engaged • See: http://nrcme.fmcsa.dot.gov Tom BrayJ. J. Keller & Associates, Inc.

16. CDL/med card merger rule • Only applies to CDL holders • Once fully implemented: • A CDL driver’s driving record will show medical status (driver does not have to carry card) • Carriers must have MVR showing medical status in DQ file rather than the med card • States: • Started collecting medical data as of Jan. 30, 2012 • Are collecting data as existing CDLs expire, or any other contact they have with the drivers • States must have data on all CDL drivers by Jan. 30, 2014 Tom BrayJ. J. Keller & Associates, Inc.

17. Tom Moore, CTP Senior Vice President National Private Truck Council

18. Looming Driver Shortage Tom Moore National Private Truck Council Source: FTR Associates

19. How FleetsAre Raising the Bar • Working with the medical examiner • Maintaining medical files • Education and training of the driver workforce • Improving driver wellness programs • Enhancing the qualification standards Tom Moore National Private Truck Council

20. Hiring Qualifications Minimum Age = 22.6 Minimum Experience = 2.3 yrs. Tom Moore National Private Truck Council

21. Working With the Medical Examiner • Physicals • Nationwide provider versus local facility • Physical conductor -- doctor, nurse practitioner, physicians assistant, chiropractor • Verify knowledge of the regulations • Review physical post-offer Tom Moore National Private Truck Council

22. Maintaining Medical Files • Secure and limit access to files • Conduct annual review twice per year • Audit physicals forms • Verify licenses for equipment being used Tom Moore National Private Truck Council

23. Education and Training • FMCSA provides excellent resource http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=391.43 • Beyond the regs, drivers need to know that you care about their welfare • Drivers need to take responsibility • Consider incorporating as part of the hiring & screening process Tom Moore National Private Truck Council

24. Fleets Offering Driver Wellness Programs Tom Moore National Private Truck Council

25. Driver Wellness Components Tom Moore National Private Truck Council

26. Enhanced DOT Physicals • Problem – Driver workers’ comp claims review found that: • 10% of the claims accounted for 70% of the cost • Over 50% of the claims involved musculoskeletal injuries • Large number of high dollar claims occurred within 90 days of hiring date Solution – • Improve the company portion of the medical exam and identify those individuals that are not physically fit to perform the job by: • Establish a customized testing program to identify significant musculoskeletal problems. • Improving cardio and overall fitness screening. • Early health risk identification. Tom Moore National Private Truck Council

27. FPO Michael Walker Director of Transportation Metal Sales Manufacturing Corporation

28. For more than 50 years, Metal Sales Manufacturing Corporation has earned a reputation as the premier provider of innovative metal roofing, metal siding, building components and accessories. We’ve backed this reputation with the steel roofing industry’s largest professional sales & service team, supported by 21 branches located throughout the United States. We offer a full line of exceptional quality metal roofing systems, siding and metal wall panels for agricultural, commercial, architectural, industrial, and residential projects of every shape and size – new construction or retro-fit.

29. Metal Sales Manufacturing Corporation Equipment 118 Power Units 224 Trailers 50 Booms/All Terrain Forklifts Operations Figures 7,410,000 Miles 105,612 Stops Mike WalkerMetal Sales

30. Functional Screen Purpose • Utilized to safely match driver candidates to the physical demands of a truck driving position at Metal Sales Manufacturing Corporation (MSMC) conducted in unison with pre-employment Medical Examination for Commercial Driver Fitness Determination and re-certifications as required by the Federal Motor Carrier Safety Regulations (§391.43). Mike WalkerMetal Sales

31. Scope A standardized and precise measure of an individual’s current capacity that accurately tests each candidate to ensure they can accomplish the specific physical demands of the truck driving job. Mike WalkerMetal Sales

32. Scope Highlights • Requires a detailed “job analysis” which was developed with Physical Therapist (PT) on site with MSMC representatives outlining the responsibilities of the job. • Minimizes the risk of injuries to the employee by identifying potential musculoskeletal and medical conditions that may increase the risk of workplace injury. • Minimizes MSMC exposure to on-the-job injuries and the resulting expenses related to worker’s compensation claims, in addition to operational costs, i.e. common carrier expenses, equipment retrieval costs, etc. • Helps to maximize customer service by minimizing interruptions in the workforce that can result from on-the-job injuries. • Reduces insurance premiums by minimizing claims. Mike WalkerMetal Sales

33. Legal Issues ADA allows Pre-Employment Functional Assessments. Tests/standards/programs cannot discriminate against protected classes (females, minorities, disabled or older adults) as defined by the Civil Rights Acts of 1964 and 1991, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), however Mike WalkerMetal Sales

34. Legal Issues if job relatedness is established and documented, then the fitness tests, standards and programs can distinguish who can and cannot perform the essential functions of the job. It is important to implement tests that distinguish between those who can and cannot do the essential functions of the job. Mike WalkerMetal Sales

35. Legal Issues • Additionally the test must be required of everyone in the position and everyone in the post offer/pre-employment stage of the process. It cannot be selectively applied. • Under ADA, there is a provision called “reasonable accommodation”. A person with a disability who is unable to perform the essential functions of the job; has the right to request an accommodation. The employer must determine the nature of the accommodation and whether or not the accommodation is “reasonable” or would cause an “undue hardship”. Mike WalkerMetal Sales

36. History/Physical Screen and Musculoskeletal Evaluation • Previous / Current Health Issues / Restrictions • Heart Rate Pre/Post • Projected 80% HR • Blood Pressure • Comments/Signed and dated by Physical Therapist 1. Neck ROM 2. Back/Trunk ROM 3. Shoulder/UE ROM 4. Lower Ext ROM 5. Balance (10 sec.) 6. Squats (10 reps) 7. Grip Strength

37. Commercial Driver Functional Screen Reason for Failure: Physical Status (BP, HR, Medical contraindication, restriction) Functional Status (unsafe body mechanics/physically incapable;applicant stops test) Signed & dated by Physical Therapist

38. Lifts – Floor to Waist & Chest to Floor Mike WalkerMetal Sales

39. Horizontal Pushing & Pulling Mike WalkerMetal Sales

40. Stair/Step Climbing & Front Carry Mike WalkerMetal Sales

41. Considerations / Suggestions • Test extreme/rare occurrences (100+ pounds) or normal, every day occurrences (60 pounds)? • Is test standardized across the company (variations with driver and product mix at 21 MSMC locations)? • At inception what do you do with existing (long term) employees that might not meet these restrictions? • What can be done, if anything, to lower Critical Demand functions (i.e. lower weight requirements) and/or get drivers to work more safely? • Involve all employees (drivers, supervisors and corporate staff) to help develop testing. • Trailer ladders. • Accordion style tarping systems. • Minimize climbing on the deck with “strap bar”. • Doors in the head board of trailer. • Trim tubs under trailer deck. Mike WalkerMetal Sales

42. Considerations / Suggestions • Quarterly and Annual Driver Incentive Programs - • AIM – Accident Free Injury Free Moving Violation Free • Decals on driver side doors on all trucks • Physical Therapist annual participation in driver meetings at each branch • Develop functional screening DVD in unison with Atlas Ergonomics based on the MSMC job function requirements

43. MSMC On the Job Injuries vs. Number of Drivers

44. MSMC Driver Injury Decline

45. ACKNOWLEDGEMENTS • David Wright, Physical Therapist, Occupational Medicine Physicians, New Albany, Indiana • Dave Moore, LPN, MSMC Transportation Coordinator, Sellersburg, Indiana • Larry Gardner, MSMC Transportation Manager, Sellersburg, Indiana • Sacha Powers, MSMC Director of Human Resources • Drew Bossen, PT, MBA, Atlas Ergonomics, www.atlasergo.com • Brian Brennenstuhl, B & B Signs, Clarksville, Indiana, 812/282-5366 • Pat Lanning, MSMC Marketing Manager • Denise Hall, MSMC Corporate Transportation Assistant Mike WalkerMetal Sales

46. Question & Answer Session Please continue to submit your questions. Tom BrayJ. J. Keller & Associates, Inc. Gary Petty National Private Truck Council Tom MooreNational Private Truck Council Mike WalkerMetal Sales

47. Closing Remarks • Checkout the archive of past topics at: http://www.jjkeller.com/nptcinfo • PowerPoint slides and recording up in 1 week Gary Petty National Private Truck Council

48. Thank you for participating in today’s webcast! Visit: www.jjkeller.com/nptcinfo For today’s presentation and learn more about future NPTC and J. J. Keller webcasts.