12
Volume 45 Issue 2 • February 2015 Operator The Certified Medical Examiners All commercial drivers whose current medical certificate expires on or after May 21, 2014, must be examined by a medical professional listed on the National Registry of Certified Medical Examiners. Only medical examiners that have completed training and successfully passed a test on FMCSA's physical qualification standards will be listed on the National Registry. Because some drivers are now seeing doctors other than their regular doctor, they are facing issues that they may not have previously faced because the doctors who sign the certificate are receiving specific training. If your driver has issues with vision or has a loss or impairment of leg, foot, toe, arm, hand, finger including a perceptible limp, deformities, atrophy, weakness, paralysis, clubbing, edema, or low muscle tone, he or she may need to get a waiver. The waiver forms are available on the State Patrol website. The MSBOA Office has heard from some members regarding local Driver and Vehicle Services staff that do not have waivers on site or are unfamiliar with the process, so do not depend on them to supply forms. Do not have drivers wait until their physical expires, especially those with known health issues. The waiver process takes approximately 10 days to complete. There still are roughly 18 months before all drivers in Minnesota should have been examined by certified examiners. Hopefully once everyone goes through the new process, it will start working smoother for all involved. The new regulations require motor carriers to check the National Registry website to verify that the medical exam- iner is certified. However, motor carriers are not required to contact the medical examiner to verify that he/she signed the document. Based on this information, the motor carrier is only required to VERIFY the medical examiner is cer- tified at the time of examination. Carriers should go the National Registry website, look up the medical examiner to verify the per- son was certified for the date of exam. Remember, this only required of drivers involved in non-school related activities (church group, YMCA camp, etc.) or intrastate school related motor coach operations and all interstate operations. There is a verification form included in this newsletter. Continued on Page 8. Changes in the CDL May Cause Licensing Delays

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Page 1: Msboa february 2015

Volume 45 Issue 2 • February 2015

OperatorThe

Certified Medical ExaminersAll commercial drivers whose current medical certificate expires on or after May 21, 2014, must be examined by a medical

professional listed on the National Registry of Certified Medical Examiners. Only medical examiners that have completed

training and successfully passed a test on FMCSA's physical qualification standards will be listed on the National Registry.

Because some drivers are now seeing doctors other than their regular doctor, they are facing issues that they may not have

previously faced because the doctors who sign the certificate are receiving specific training.

If your driver has issues with vision or has a loss or impairment of leg, foot, toe, arm, hand, finger including a perceptible

limp, deformities, atrophy, weakness, paralysis, clubbing, edema, or low muscle tone, he or she may need to get a waiver.

The waiver forms are available on the State Patrol website. The MSBOA Office has heard from some members regarding

local Driver and Vehicle Services staff that do not have waivers on site or are unfamiliar with the process, so do not depend

on them to supply forms.

Do not have drivers wait until their physical expires, especially those with known health issues. The waiver process takes

approximately 10 days to complete. There still are roughly 18 months before all drivers in Minnesota should have been

examined by certified examiners. Hopefully once everyone goes through the new process, it will start working smoother for

all involved.

The new regulations require motor carriers to check the

National Registry website to verify that the medical exam-

iner is certified. However, motor carriers are not required

to contact the medical examiner to verify that he/she

signed the document.

Based on this information, the motor carrier is only

required to VERIFY the medical examiner is cer-

tified at the time of examination. Carriers

should go the National Registry website, look

up the medical examiner to verify the per-

son was certified for the date of exam.

Remember, this only required of drivers

involved in non-school related activities

(church group, YMCA camp, etc.) or

intrastate school related motor coach

operations and all interstate operations.

There is a verification form included in this

newsletter. Continued on Page 8.

Changes in the CDL MayCause Licensing Delays

Page 2: Msboa february 2015

February as we know it.....

After another successful Winter School Bus Safety Expo weare all trying to get through the shortest, yet sometimes whatseems the longest, month of our year. Snow and cold canmake our daily jobs truly seem like they go on forever. Alsothis is the time of the year that the winter seems to grind on

you.....I know it does on me......but there are ways to get through it such as..........

Get out and enjoy the winter activities that are only available in some cases to us hardynortherners (yah sure you betcha)......go skiing, go snowmobiling, go ice fishing, gosledding or tobogganing with your kids or grandchildren. Bundle up and challenge thewinter rather than hide from it.........or if the work and school schedule allow it take atrip to warmer climes........however sometimes its harder to come home during thedead of winter after a trip to somewhere warm than if you just stayed here and toughedit out.

I felt the winter convention was very informative and it seemed the vendor show waswell attended as were the mechanics seminars which were both on Saturday this year.We may have hit on a plan that worked better for all involved. Feel free to send in anyfeedback to the MSBOA office as we need to know how the membership enjoyed theshow.

It’s also time to start thinking about nominating someone from your organization for theTransportation Specialist Awards which are given out at the summer conference. Eachand every one of us has that person working for them who truly deserves the recogni-tion. Think ahead a little and start the process.....anyone who has questions about howto do feel free to contact me I would be glad to help.

Stay warm and let’s have a safe February!

Stay Safe and Be Kind!Sincerely,Rudy Lundahl, President of MSBOA

2

BBOARDOARD OFOFDDIRECTORSIRECTORS

RAYME BERNICK, DELANO

7763.972.3991/CELL 612.702.8954

[email protected]

ROBBIE ELLIOT, MOORHEAD

218.233.3404/CELL 701.730.4954

[email protected]

CONNIE GRISIM, STEWARTVILLE

507.533.8775/CELL 507.254.3828

[email protected]

DOUG GRISIM, LAKE CITY

651.345.4112/CELL 651.380.9063

[email protected]

TOM HEY, MARSHALL

507.532.4043 /CELL 507.829.7365

[email protected]

KEN INSELMANN, WILLMAR

320.235.2110/CELL 320.212.8543

[email protected]

SHELLY JONAS, ANNANDALE

320.274.8313 / CELL 612.599.0431

[email protected]

BRIAN KOCH, WACONIA

952.442.3370/CELL 612.599.1100

[email protected]

JIM KOONST, BELLE PLAINE

952.873.2362 / CELL 952.292.2762

[email protected]

STEVE LATOUR, ST. PAUL

651.251.8080 / CELL 651.587.6292

[email protected]

RUDY LUNDAHL, DULUTH

218.724.1707 / CELL 218.343.6846

[email protected]

MICHAEL PUTZKE, PAYNESVILLE

320.243.4455 / FAX 243.4450

[email protected]

GARRETT REGAN, FARIBAULT

507.334.5121/ CELL 651.470.7948

[email protected]

JOSH SCHIFFLER, CROSBY

218.546.6156 / CELL 612.245.6579

[email protected]

BETHANY SCHUBERT, SAINT STEPHEN

320.251.1202 / CELL 218.851.2061

[email protected]

PAUL WINTERFELDT, PERHAM

218.346.4599 / CELL 218-298-1825

[email protected]

The OperatorMISSION STAT E ME NT:

THE PURPOSE OF THE OPERATOR

IS TO PROVIDE THE MEMBERSHIP

OF THE MINNESOTA SCHOOL BUS

OPERATORS ASSOCIATION WITH

INFORMATION REGARDING

CURRENT INDUSTRY ISSUES.

THE OPERATOR IS PUBLISHED 11

TIMES A YEAR BY THE MSBOA,

10606 HEMLOCK ST. NW •

ANNANDALE, MN 55302.

FOR MORE INFORMATION CALL

320-274-8313.

E-Mail [email protected] or

FAX: 320-274-8027.

Website: www.msboa.com

SUBSCRIPTIONS ARE FREE

WITH MEMBERSHIP. ADDITIONALSUBSCRIPTIONS ARE $24.00 AYEAR. COPYRIGHT 2015

MEMBERS MAY MAKE PHOTO-

COPIES OR USE ARTICLES AS

NECESSARY PROVIDING THE

SOURCE IS CITED.

CO-EDITORS:

SHARI DANZEISEN & SHELLY

JONAS

LAYOUT & DESIGN: SHARI DANZEISEN

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

PRESIDENT

RUDY LUNDAHL

FIRST VICE PRESIDENT

JOSH SCHIFFLER

SECOND VICE PRESIDENT

BRIAN KOCH

TREASURER

TOM HEY

From the PresidentRudy LundahlVoyageur Bus Company, Duluth, MN

Page 3: Msboa february 2015

As of today, it is the end of the fourth week ofthe 2015 State Legislative Session. State Sen-ators are still moving into a State Capitol withless than 2/5ths of its last known useablespace and has placed an uneasy tension onthe Staff and DFL Senators who reside in whatis left of the State Capitol, while awaiting thecompletion to the new Senate Office buildingbehind the State Capitol, in 2016. Even in theState Office building, untouched by the recentconstruction upheaval, State House of Repre-sentatives are still hanging pictures and per-sonal touches to the walls of their newlyassigned office spaces awaiting the controver-sial votes to begin in the coming weeks.

During a MSBOA board meeting, in December,and again in January, a couple of very clearcommon themes arose. Driver shortages are amajor concern, and there is a significant needfor a faster, quicker and more expedited licens-ing system to be provided by Driver and Vehi-cle Services. A second issue is the ongoingviolations of Minnesota’s stop arm law. Hun-dreds of vehicles a day violate the requirementto “stop” when the stop arm is extended. Ashundreds of vehicles violate the law daily, lessthan 1000 are convicted each year accordingto the State Patrol.

After meeting with the State Patrol certainitems became clear as to whether or notrequirements are a State or Federal Law. It isa Federal requirement that there be a 14 Daycommercial drivers learning period which cre-ates a delay licensing. Also, it seems that if aperson is upgrading/adding or renewing andexpired endorsement, the Federal Governmentis requiring all upgrades and renewals to betested as if a new license were being issued.Thus, causing all existing licenses held to bere-taken and re-purchased.

The Driver and vehicle Services Division has a“3rd” Party Testing program. This programallows individuals other than state examiners totest for the school bus Commercial Drivers’License. Some problems exist with the currentsystem that MSBOA believes if correctedwould provide MSBOA with quicker option inlicensing drivers. There is an existing require-

ment that in order to stay certified, you mustperform 14 certifications a year. Some smallercompanies may not want to or need to certify tosome artificial number. Second, there is arequirement that the certification only be per-formed on employees of the company. Schooldistricts with a waiver from the Commissionerof Public Safety may certify drivers from anoth-er school district. MSBOA members may notwant to have their own 3rd party tester, but maywish to contract with a fellow member ofMSBOA that is or has a 3rd party tester. InWisconsin, 3rd party testing is the only mannerto obtain a CDL, the State of Wisconsin doesnot offer the test.

MSBOA is in the process of having a legislativeproposal drafted and readied for introductionmake some revisions to the existing 3rd partycertification system. We are also preparing tomeet with Driver and Vehicle Services to gettheir input and suggestions. MSBOA hasbegun to meet with State Legislators, therereactions have been positive and hopefullysome changes can be made to 3rd party test-ing, speeding up back ground checks, andeliminating unnecessary steps in the CDLlicensing process.

Student safety is a primary goal of all MSBOAmembers. Over the last five years, or more, allstate school directors in the country participatein a one day National survey to gauge theawareness of school bus stop arm laws as wellas have survey participants report numbers ofviolators during the one day survey. Unfortu-nately, the numbers are appalling. In Minneso-ta there are hundreds of violations reported,some include multiple drivers running the stoparm, one person runs the stop arm and two ormore follow. Video cameras inside and outsideof school buses have captured alarmingscenes of school children in imminent dangerof being hit by automobiles and tractor trailers.

MSBOA is renewing its efforts from last year toincrease the awareness of stop arm violationsand to increase the numbers of citations andconvictions for violators. MSBOA is proposingto raise the fine from “not less than $300” to“not less than $500.” Additionally, MSBOA is

propos-i n gmanda-t o r ya t t e n -dance ata dis-tracted driver course that is already offered asa diversion from a fine by municipalities, localgovernments, and counties. The hope being,that having to attend a “distracted drivercourse” for a couple of hours will be morepainful than a fine, and may spread a word ofmouth campaign regarding the commitmentthat student safety is paramount.

Proposals to raise the motor fuels taxes havebeen introduced at the State Capitol. Theirreception has been mixed. The Governor andthe DFL Majority in the State Senate are sup-porting what they claim are necessary funds torebuild roads and bridges and increase transituse.

Continued on Page 7.

3

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Page 4: Msboa february 2015

4

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Page 5: Msboa february 2015

All Approaches Safety ProgramIn the field of safety management there are several approaches to accident reduction based on theories of what causes acci-

dents and what responses may help control them. These approaches include those centered on people (unsafe acts) and

include behavior based safety programs, those that focus on engineering out safety hazards (unsafe conditions), and those

that focus on the organization (policies, procedures, latent hazards). Different safety professionals each have their own opin-

ion as to which is the best approach and what specific measures should be implemented to control accidents. Each approach

has valid points and proven methods of effectiveness. Which is the best?

Multiple approaches will help build multiple defenses against potential accidents. To illustrate, a simple model of accident

causation pictures safety defenses as parallel slices of Swiss cheese that stand between hazards and potential accidents.

When the holes in various defense “line up” the hazards get through causing an accident. Each of the different approaches

to safety management helps build some of these defenses and while all may have holes (not 100% effective); multiple

approaches will put more cheese slices between hazards and the potential accident minimizing the potential for an accident

to occur.

Swiss Cheese Model

developed by British scientist James Reason

This multiple approach to safety can be compared to a

“balanced” investment portfolio, a blend of diversified

approaches to help minimize accidents from multiple

causes. The missing ingredient is determining how

much of each method to use. Think about the advice

you’ve been given about your financial investments and

the “balance” that was suggested then talk to a friend and

see if they have the same balance based on their

research or advice. It’s doubtful they are the same.

Many pundits recommend an index fund that mimics the

entire market place guaranteeing diversification but you

still have to decide how much you want to invest in each

investment type, i.e. Stocks, Bonds, Cash, etc. Similarly

you need to decide what percentage of your efforts

should be devoted to each of the different safety man-

agement approaches. Like financial investing, much of

this decision is based on your individual situation and for

the school bus industry, the exposures we are trying to

control.

Continued on Page 6.

5

Page 6: Msboa february 2015

Like the financial markets some investments are much more volatile than others. In the field of safety, people are the most

“volatile” element. It is much easier to control equipment and some environmental conditions than it is to control people. Unlike

financial investing where you limit the amount you put in volatile investments, you probably want to invest the larger percent-

age of your safety efforts into the people approach.

In an all approach safety program, engineer out the unsafe conditions to the best of your ability (safest equipment, proper main-

tenance, adequate inspections, etc.). Control the environmental conditions as much as possible (i.e. good route and stop

selection, lot and shop conditions). Develop and institute safety policies and procedures and ensure general legal compliance

(driver selection, qualification, training, and monitoring; fleet safety programs, emergency action plans, and security policies).

Most importantly, focus on people. Invest in good selection and screening of drivers and effective training programs not just

for your drivers but for you supervisors as well. Monitor drivers by physically seeing them when possible and using every

opportunity to promote and motivate safe behavior through effective coaching (once their behind the wheel they are making

the decisions).

Finally like your investment portfolio, you need to occasionally rebalance it. Audit your

activities and efforts periodically to see what percentage of your safety efforts are going

where. Look for lead measures (things happening now that indicated safety efforts or

potential for accidents). Review your accidents for trends as well to see where more safe-

ty investment is needed. Like most things in life, no single solution solves most situations

and multiple approaches are needed. Weather the ups and downs of hazards by imple-

menting an all approaches safety program.

This article is courtesy of Keystone Insurers Group, the insurance provider endorsed by

the National School Transportation Association, in partnership with Nationwide/Harleysville

Insurance.

6

Save Big on New GM Vehicles through MSBOA Benefit with GM Fleet & Commercial!!!!

There is a new form for 2015! • See www.msboa.com for more information!

The MSBOA is offering a new benefit through GM Fleet & Commercial. Many of the vehicles you buyincluding pick-ups, vans, and SUV’s are available at a discount for MSBOA Members. Go to www.msboa.com for all of the information. Included is a list of all the vehicles eligible for the discount and howmuch the discount is. There is also a form online on our website for you to print out and bring to your deal-er that gives your dealer the proper fleet pricing code for our organization.

If you are planning to purchase new vehicles soon - be sure check it out and take advantage of these sav-ings!

All Approaches Safety ProgramContinued from Page 5.

Page 7: Msboa february 2015

The dollars to be raised are somewhat staggering, at $10.5 Billion over ten years. The two main funding features include a ½ cent metro sales taxincrease on all items currently subject to the state sales tax, pretty much everything except non-prepared food and clothing. This would make the metrosales tax at somewhere between 7 to 11% depending on which metro city you are purchasing.

The second feature would be to create a wholesale gas sales tax, paid at the “rack” or the terminal by petroleum marketers, which ultimately would bepassed on to the consumer. Currently Minnesotans pay 46.7 cents per gallon in State and Federal taxesper gallon. The proposed wholesale tax on motor fuels would add 17 cents at today’s prices ($2.00 gal.)As gas, motor fuel prices increase, which there are sure to do over time, the nature of a sales tax would beto provide more revenue as the cost of the product rises. Meaning $3.00 gas would raise 28 cents in salestax. This proposed sales tax on motor fuels would be in addition to the existing State and Federal gas taxesof a combined 46.7 cents.

At the current time it is unlikely that a proposal of that size will pass the State Legislature. The new GOPmajority in the State House seems very reluctant to support a tax increase of any size, let alone one thatwould entail $10 Billion in new taxes. The last time there was a gas tax increase, four Republicans whosupported a gas tax lost their party’s endorsement, and ultimately their election certificates, one Republicanchose not to run for reelection. The questions that will surround this debate will be the need for light railtransit growth, transit in general, the condition of the existingroadways, and the deterioration of the State’s bridges. Thereis no question that the State’s roads and bridges are in greatneed of upgrades and repair. The need for more transitoptions is in dispute, and whether or not existing funds arebeing utilized to the best and highest purpose.

As always, if members have comments, concerns, or thoughtsplease feel free to contact me at [email protected] orcall at 612-723-5168. I also am encouraging MSBOA mem-bers to contract their local State House and State Senatemembers to let them know your thoughts and concernsregarding the operation of a student transportation company.

7

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MSBOA Charter Member Passes AwayWinifred (Muldoon) Clemons, age 91 or Waseca, Minnesota passed away peacefully on January 2, 2015, with her family by

her side after a lengthy battle with lung cancer and Guillian-Barré Syndrome.

Winifred was born in Mankato, Minnesota the eldest of seven children born to Irish immigrants.

Winifred married Milton A. Clemons in 1945. Together with Milton, they owned and operated Clemons Bus Lines in Wase-

ca for over 50 years. Winifred provided dispatch services, drove bus and raised her family of six children while Milton worked

for the Waseca Police Department, Sheriff’s Department and drove truck for himself and others during the early days of their

bus business.

In 1998, Milton and Winifred sold their share of the business to their son, Mike and his wife, Beth.

The Clemons were MSBOA Charter Members signing up with Mr. Peterson of Rochester School Bus who was enrolling

members for representation/lobbying services at the Minnesota State Capitol.

Mike and Beth Clemons are still strong supporters of MSBOA today.

In lieu of flowers, memorials are preferred to Mankato Hospice.

Legislative Update Continued from Page 7.

Page 8: Msboa february 2015

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8

As a valued member of Minnesota School BusOperator's Association, you are entitled to usingThomas Revnew of Seaton, Peters & RevnewLegal Hotline free of charge. During each sixmonth period, you will be entitled to two free fif-teen-minute telephone calls to the Hotline.MSBOA encourages you to use this free service.When using the hotline, please follow the follow-

ing 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.

Need Legal Help? It’s Just aPhone Call Away!

Changes in the CDL causes Licensing Process DelaysContinued from Page 1.

Background Checks and License Checks

There is a new fax number for the BCA Background check. There is a new form with the new fax number included in this

newsletter. If you have old forms in your application packet, please substitute the new form. If you submitted a background

check to the old number, you may wish to check on the status. It may have been lost during the transition and you may need

to resubmit. The new number is: 651-282-2110.

Those members who used TLT for motor vehicle record checks may wish to contact Trusted Employees for help as TLT is

no longer in business. Donna Ploof has put together some pricing for our members, her number is 952-259-3018.

DVS has a free site available to check the status of a driver at www.mndriveinfo.org There were some technical issues ear-

lier this month, but as of this printing it appears to be up and running again.

This website has live updates. However, your internet browser might keep an old copy. Make sure to refresh your screen

or clear your cookies before looking for updates. Also, printing appears to be an issue on some internet browsers. You may

wish to download Google Chrome or use the Shrink to Fit option on Internet Explorer.

There are still more changes ahead for the CDL as the Commercial Learner’s Permit takes effect this spring. It’s important

to note that these changes are Federal and not coming from MN Department of Public Safety. The MSBOA Office has been

told that there was a potential loss of Federal Highway funding for not adopting these changes.

Page 9: Msboa february 2015

Do Your Employees Owe You Any Duties? Employers hear a great deal about the duties they owe their employees in the media. Many

employers may wonder if there are any reciprocal duties or responsibilities which employees owe to the employer. The fol-

lowing list of duties which are either owed to the employer as a matter of legal right, or can be created with employees by

appropriate notice, contract, or other planning on the part of the employer, should serve as a very useful checklist for employ-

ers who want to review their employment related “risk management” planning:

1. The Duty of Loyalty. Employees are legally obligated to serve the interests of their employer, rather than their own inter-

est or that of third parties. This means that personal use of the employer’s facilities, supplies or equipment, or of paid time,

is not permissible and that theft, self-dealing and usurpation of business opportunities of the employer are prohibited.

2. Honesty is a Required Policy. An employer is entitled to his or her employee’s full honesty in written and verbal com-

munications, commencing with applications, resumes and interview information including full candor in all responses as to

employer inquiries about employee conduct and performance, the reasons and background related to employee injuries and

illness, particularly where related to issues of leave, job accommodation and employer paid benefits and all other relevant

matters. Both affirmative misrepresentations and material omissions can represent violations.

3. Productivity/Profit Contribution. Employees’ job descriptions and compensation plans, as well as disciplinary sys-

tems, can be designed to ensure that the employer receives an honest and profit-producing “day’s work” in return for employ-

ment. If you fail to structure positions appropriately, you may find yourself required under the ADA or other law to retain

employees who are contributing little or nothing to the bottom line.

4. Post-Employment Duties to the Employer. Through careful planning before employment commences, the employer

can create post-employment duties which lawfully restrict the key employees’ ability to compete with the employer or to solic-

it the customers or employees of the employer after separation. Such restrictive covenants must be drafted and imple-

mented strictly in compliance with complicated legal principles, and should not be attempted by non-lawyer employer man-

agers.

5. Confidentiality Protections. Employers, again with careful planning, can pro-

vide for protection of their trade secrets and other critical business-related informa-

tion, even if these do not amount to trade secrets. These restrictions can be imple-

mented for all employees, but cannot be established “after the fact”.

6. The Duty to Comply With the Employer’s Own Rules. An employer can cre-

ate and implement policies and procedures which employees may be expressly

required to observe. In this area, as well as many others, there are legal require-

ments which must be observed, but all legitimate employer objectives can be served

with carefully drafted rules, prepared with advice of counsel.

7. The Duty to be Present Rather Than Absent. Employers are suffering an epi-

demic of absences from employment and a very difficult “mine field” to negotiate in

responding to those absences, given the protections of the FMLA and the ADA. Suf-

fice it to say that you can, again through policies, job descriptions and careful perfor-

mance and disciplinary responses, manage absenteeism problems, but it takes far

more planning and legal understanding than the administration of absence policies

used to require.

Continued on Page 11.

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 $1,075 (includes 2 hours of attorney time – hourly rates thereafter)

Drug & Alcohol Testing Package $525 (includes 1 hour of attorney time – hourly rates thereafter)

Ask for MSBOA discounts on Handbook ($100) and on D/A TestingPackage ($50)

Contact Tom Revnew

7300 Metro Blvd, Suite 500 | Minneapolis, MN 55439

Tel 952.921.4622 | Fax 952.896.1704 www.seatonlaw.com

Page 10: Msboa february 2015

10

During annual and roadside inspections, performed by the

Office of Pupil Transportation Safety, our staff has identified

a concern with the abnormal corrosion of brake rotor sur-

faces and the deterioration of brake surface pads on

hydraulic braking systems of school buses. These observa-

tions have raised concern regarding the loss of braking per-

formance in an emergency brake situation. Based on these

observations I contacted the school bus manufactures to

seek input from their perspective.

In discussions with two of the brake engineers, it was con-

firmed the braking system is not performing as designed to

ensure maximum braking potential as designed and imme-

diate corrective action must be taken to address the situa-

tion. While the engineers could not pin point a single specif-

ic cause of our observations they suggested it may be relat-

ed to but not limited to; brake rotors not being resurfaced

(turned) when new pads were installed, improper fitting of

the brake pads, caliper slide pins not functioning or main-

tained properly per the manufactures recommendations

causing them to bind or a brake caliper piston issue.

Attached is an electronic version of a brake inspection man-

ual published by Honeywell which states, “The faultless per-

formance of the brakes disc, as a ‘friction partner’, to brake

pads is crucial to the efficiency of all other components of

the braking system (as it is one of the parts subjected to the

heaviest brake load in the entire system)”.

Memo From Lt. Brian Reu

As shown in the pictures above, the brake pad fails to maintain a solid or full contact with the brake rotor surface as required,

resulting in the loss of maximum braking potential as designed.

Brake components discovered in this condition will be documented as “defective” and the school bus placed out-of-service

per the Minnesota School Bus Inspections Standards. Please note, light “surface rust” resulting from a vehicle sitting for short

periods of time will not be considered in violation.

Thank your for your attention in the matter.

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11

MSBOA Drug Testing ProgramThe MSBOA has teamed up with Clinical Research Labs for

your drug testing needs as required for DOT testing. The pro-

gram was designed to support the MSBOA and to help control

costs for its members. For more information or to join the pro-

gram contact: William Coens

800-445-6917x5428

[email protected]

or [email protected]

EMPLOYMENT PRACTICES LIABILITY INSURANCEChubb Insurance, one of the largest EPL carriers in the coun-

try, has partnered with the MSBOA and Ahmann-Martin to pro-

vide a cost effective EPLI policy option containing all the typical

protections often found within EPL policies along with a few

other additional protections. Claims such as “wrongful dis-

charge” claims, wage and hour and immigration claims are cov-

ered under this policy. Additionally, Chubb and Ahmann-Martin

have agreed to share a portion of their profits with the MSBOA

arising out of the sale of this product to the membership. Fur-

thermore the policy will allow members to choose Seaton,

Peters and Revnew as their legal counsel, if they wish, to

defend against any employment-related lawsuit rather than

being appointed to the insurance company’s counsel who may

not have experience in the transportation industry.

Jake Omann, Ahmann-Martin Risk and Benefits Consulting

7555 Market Place Drive, Eden Prairie, MN 55344

D: 952-947-9747| C: 612-207-3728

[email protected]

Trusted Employees has put together a special offer for

MSBOA Members. We will be posting the information on our

website. Make sure to log in the Members Benefit section for

more details.

International OnCommand Account Hoglund Bus Company has provided access to anyone who is

a member of the MSBOA to International’s OnCommand IC

Bus Service Portal. You can look up warranty information and

diagnostic support.

Contact Linda Rein at Hoglund’s: 763-271-2950.

Other BenefitsAdditionally, through our partnership with Business Advantage

we are able to offer savings at Grainger, Office Max and Office

Depot, HP as well as fuel at Holiday. All of these offers are on

our website.

AC Delco/Factory Motor PartsThe MSBOA has partnered with AC/Delco Factory Motor Parts

to enable cost savings for you on your OEM parts.

Representatives from AC/Delco Factory Motor Parts will be in

contact with your operation to see if they can help you save

money on parts.

MSBOA Member Special OffersAs part of an on-going effort to supply you with added value to your MSBOA membership, we offer the following programs:

Do Your Employees Owe You Any Duties? Continued from Page 9.

8. Last Chance Situations. The employer can create an absolute duty of compliance with specific written directions pro-

vided in a last chance warning, if these documents are prepared carefully and implemented after appropriate prior discipline.

Such warnings can make a dreaded termination situation far more easy to manage, in many cases converting terminations

into resignations or “self-activated” terminations.

9. Duties Relating to Moonlighting and Unavailability for Work. Many employers experience problems with employ-

ees’ second (or even third) jobs or lack of availability for work due to other non-remunerative commitments or activities.

Though employees’ off-duty activities should be regulated with care, an employer can create legally-enforceable duties of

notice to the employer and “coordination” when other activities may interfere with employment.

10. The Duty to Reimburse and/or to Permit Payroll Deductions. Employers are often “stuck” with bad debts, unearned

commissions and advances or the cost of theft, carelessness, or even intentional sabotage on the part of employees. There

is no “magic bullet” for dealing with these issues, but employers can provide for acknowledgement of debts and authoriza-

tion of payroll deductions or other forms of reimbursement in connection with employees’ responsibility for many debts and

costs to the employer. As with most of the duties owed to employers, prior employer action to reinforce and define the oblig-

ation is critical.

11. Other Duties. The above list is not an exclusive one. Any obligation which you believe has been or should be created

on the part of your employees can be addressed with appropriate and legally-sufficient documentation through employment

applications, statements of hire or employment agreements and through policy and procedural materials and handbooks, or

otherwise.

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02MSBOA Planner

Save these Dates! Minnesota School Bus Safety CommitteeMeets 3rd Weds. of Every MonthLocations VaryContact: John Thomas 952-556-6161

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

MSBOA Summer ConferenceJune 14-16, 2015Ruttger’s Sugar Lake LodgeCohasset, MN

Northern RegionSergeant James Senenfelder

Northern Regional Trooper

Phone (612) 360-5172

E-mail: [email protected]

Metro RegionSergeant Paul Davis

Metro / Central Regional Trooper

Phone (612) 685-4820

E-mail: [email protected]

Southern RegionSergeant Chad Dauffenbach

Southern Regional Trooper

Phone (507) 430-0791

E-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!

MSBOA LEGAL HOTLINE(952) 921‐4622 • Tom Revnew at Seaton, Peters & Revnew

MSBOA Office: www.msboa.comDriver/Vehicle Services (DVS): www.dps.mn.gov/divisions/dvsDVS (To Check Driver’s License Status): www.mndriveinfo.org

Department of Public Safety: www.dps.mn.govMN Statutes Search: www.revisor.mn.gov/search

DOT Drug and Alcohol Regulations: www.dot.gov/odapc

Quicklinks: Most Wanted Websites