04
Signs of Fatigue: Weariness,
Tiredness,
Irritability,
Reduced Alertness, Concentration and Memory,
Reduced Ability to be Productive,
Mentally Tired,
Physically Tired,
Loss of Appetite Lack of Motivation,
Depression,
Boredom,
Giddiness,
Headaches,
Increased Susceptibility to Illness,
Sleepiness, Including Falling Asleep against your Will (“Micro" Sleeps),
Digestive Problems<br>
05
In addition to Safety Issues- there are serious legal ramifications Assessment of punitive damages?
Lack of training may allow unfit drivers to collect unemployment benefits
Lack of training may negate discipline
Failure to adhere to hours of service standards may impact a driver’s license.<br>
06
Which Employees are Encouraged to Participate in Fatigue Awareness Drivers
Any employee moving equipment
Maintenance personnel
Dispatchers<br>
07
Job Descriptions and Policies Are safety sensitive personnel required to be “fit for duty” when they appear for work?
Are dispatcher’s performing a “fit for duty” analysis for all legs of a shift?
What is your policy or procedure if a safety sensitive employee shares they are not “fit for duty”?
Fit for Duty- may mean extreme fatigue, use of medication, illness or other reason that an employee may not perform at the highest level.<br>
08
Causes of Fatigue in Public Transportation An employee’s sleep and wake history
Time of day and length of time an employee slept in the preceding days
Shift length and break times
Task related factors – monotony?
Environmental factors (ex. Temperature, humidity)
Personal characteristics such as age and physical health
Behavioral patterns (family, leisure, etc.)<br>
09
Types of Fatigue Chronic
Physical Fatigue
Mental Fatigue
Transient Fatigue
Cumulative Fatigue
Circadian Fatigue
Symptomatic Fatigue (low blood iron, menopause, etc.)<br>
10
State Regulation- PA has adopted Hours of Service Regulations that dictate driving time and break time (Updated in July 2020)
The only expectations are for an emergency situation
You must consider what is “On Duty” for purpose of Hours of Service
Moonlighting affects hours of service and could result in civil or criminal penalties
Training requirements and certifications to PPTA/PennDOT<br>
11
Interaction with Federal Law Local Agencies are governed differently than Federal Law – but Federal law is a guide to regulating your workforce.
Even though agencies are treated differently and guided by state law, your drivers may have a federal impact if they have more than one commercial driving job.<br>
12
Hours of Service? In October 2023, the FTA issued 27 questions to transit providers across the country asking that they weigh in on whether federal regulation should be enacted for on-duty hours for transit workers
In September 2024, the FTA issued a second request for information regarding state laws, internal policies, fatigue related accident data and training opportunities<br>
13
What does “on duty” mean? The Federal Definition of on duty means any work being performed would count toward “on duty” even if that work was not performed on behalf of your transit authority.
I recommend a moonlighting policy or notification to drivers concerning this definition.
Issues have arisen when drivers have private driving jobs, in addition to a job with a transit agency, when it comes to reporting hours of service.<br>
14
Fatigue Investigations In the context of accident investigations are you considering “fatigue” or “fit for duty” questions?
Safety committees and supervisors must consider if fatigue was a factor in an incident and note that is any incident report
Investigations will include a harder look at physical circumstances of a driver or person involved in vehicle maintenance
Investigations will include additional input and information on the 24 hours prior to the incident<br>
15
Was an accident Fatigue Related? The driver/ employee skipped or overlooked steps
Mistakes or judgment errors in operation
Had difficulty focusing or paying attention
Did not make expected control inputs ( braking, steering, throttle adjustments, etc.)
Unresponsive or delayed response
Difficulty adapting or changing to meet new conditions
Focused on one task to the exclusion of others<br>
16
Upcoming FTA Recommendations Requirement for yearly physical evaluations for sleep disorders as a separate fitness for duty evaluation
Protocol for Close call reporting and investigation
Additional components in fitness for duty examinations
Penalties for fatigued drivers who do not report
Fatigue awareness requirements for supervisors
Mandatory shift scheduling regulations<br>
17
Combatting Fatigue Health Screening to avoid fatigue factors
Scheduling considerations
Social and environmental education
Family involvement in combatting fatigue
Avoid moonlighting
Reduction in overtime duty to uniform attendance<br>
18
Legal Ramifications Discovery
More personal questions during litigation
Potential for personal liability
Unemployment claims
Employee Discipline<br>
19
Next Steps? Policies?
Job Descriptions?
Training?<br>
20
Contact Information Reading Office
200 Spring Ridge Drive, Suite 202
Wyomissing, PA 19610
Office: (610) 939-9866
Fax: (610) 939-9863 York Office
35 South Duke Street
York, PA 17401
Office: (717) 812-8101
Fax: (717) 812-8108 jnagy@summersnagy.com<br>
