msboa may 2015

12
Volume 45 Issue 5 • May 2015 Operator The Where will you be June 14-16, 2015? Please plan to join us for the 2015 MSBOA Summer Conference June 14-16, 2015 at Ruttger’s Sugar Lake Lodge in Cohasset, Minnesota! Registration is available online at www.msboa.com. Just a reminder, if you are registering a group, do not use the online button “Group” - instead, use “Individual” and add the persons attending with you as guests. Golf can be selected as a session. Why should you plan to attend? Starting on Sunday, June 14th we will have our annual MSBOA Golf Tournament mixer, sponsored and run this year by Telin Transportation Group. In the evening, we will be having “Like Totally Awesome 80’s Night”! We will have a vendor social, MSBOA Fundraising activities, an outdoor bus display, and dinner. We will finish the evening with an 80’s band to rock out to - don’t forget to dress in your favorite 80’s fashion! On Monday morning, we welcome Joe Schmit, Sports Anchor from KSTP-TV doing a presentation entitled “Silent Impact”. This presentation is being sponspored by SFMutual Insurance. Following Joe Schmit, we will be having a question and answer period with the State Patrol. “Ask a Trooper”, is designed for you to ask the State Patrol whatever you are ques- tioning regarding school bus regulations. The MSBOA membership is blessed to have great, supportive vendor members. This year we will hold a “speed-dating” ses- sion for you to have a quick 5 minute presentation on their latest and greatest product and service offerings. Those attend- ing will have opportunities for prizes. We are also working on a new Public Relations Program to unveil to our members on Monday. The media has really changed in recent years. Businesses now are able to go straight to decision makers. Learn how to promote your business and uti- lize those strategies to recruit drivers, present to the school board and parent groups. On Monday evening, join us for a special evening starting with the MSBOA Social Hour sponsored by Dave Bakken, Wells Fargo Insurance Services. We will then enjoy the Presiden’t Banquet, and the Transportation Specialist Awards Ceremony and the MSBOA Safety Raffle. On Tuesday morning we will begin our day with the General Business Session and Board Elections, followed with a pre- sentation by Tom Revnew. Tom Keliher will then be providing a program entitled “Legislative 101”. Have you ever been inter- ested in how a bill becomes a law, or how things work at the State Capitol? This program will walk you through the basics! We will close our conference with the final presentation of the day with the State Patrol and Driver and Vehicle Services Updates and lunch. Make sure to register with MSBOA online, and use the form inserted in this newsletter for making your room reservations at Sugar Lake Lodge.

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Page 1: Msboa may 2015

Volume 45 Issue 5 • May 2015

OperatorThe

Where will you be June 14-16, 2015?

Please plan to join us for the 2015 MSBOA Summer Conference June 14-16, 2015 at Ruttger’sSugar Lake Lodge in Cohasset, Minnesota! Registration is available online at www.msboa.com.Just a reminder, if you are registering a group, do not use the online button “Group” - instead,use “Individual” and add the persons attending with you as guests. Golf can be selected as asession.

Why should you plan to attend?

Starting on Sunday, June 14th we will have our annual MSBOA Golf Tournament mixer, sponsored and run this year by TelinTransportation Group. In the evening, we will be having “Like Totally Awesome 80’s Night”! We will have a vendor social,MSBOA Fundraising activities, an outdoor bus display, and dinner. We will finish the evening with an 80’s band to rock outto - don’t forget to dress in your favorite 80’s fashion!

On Monday morning, we welcome Joe Schmit, Sports Anchor from KSTP-TV doing a presentation entitled “Silent Impact”.This presentation is being sponspored by SFMutual Insurance. Following Joe Schmit, we will be having a question andanswer period with the State Patrol. “Ask a Trooper”, is designed for you to ask the State Patrol whatever you are ques-tioning regarding school bus regulations.

The MSBOA membership is blessed to have great, supportive vendor members. This year we will hold a “speed-dating” ses-sion for you to have a quick 5 minute presentation on their latest and greatest product and service offerings. Those attend-ing will have opportunities for prizes.

We are also working on a new Public Relations Program to unveil to our members on Monday. The media has really changedin recent years. Businesses now are able to go straight to decision makers. Learn how to promote your business and uti-lize those strategies to recruit drivers, present to the school board and parent groups.

On Monday evening, join us for a special evening starting with the MSBOA Social Hour sponsored by Dave Bakken, WellsFargo Insurance Services. We will then enjoy the Presiden’t Banquet, and the Transportation Specialist Awards Ceremonyand the MSBOA Safety Raffle.

On Tuesday morning we will begin our day with the General Business Session and Board Elections, followed with a pre-sentation by Tom Revnew. Tom Keliher will then be providing a program entitled “Legislative 101”. Have you ever been inter-ested in how a bill becomes a law, or how things work at the State Capitol? This program will walk you through the basics!

We will close our conference with the final presentation of the day with the State Patrol and Driver and Vehicle ServicesUpdates and lunch.

Make sure to register with MSBOA online, and use the form inserted in this newsletter for making your room reservations atSugar Lake Lodge.

Page 2: Msboa may 2015

FOCUS…..FOCUS……FOCUS

This is the time of the year when we all tend to let our guarddown. The snow is gone. The cold weather is gone. The icyfreezing rain is gone. We have made it to spring and sum-mer is just around the corner. We can all see the end in sightof another successful school year.

Everyone from the school children to the teachers to the parents to John Q. Public isthinking about the summer coming. They have their minds on the garden and the cabinand summer vacation to a million other things other than driving and watching forschool buses and children and the daily process we all have to get through before wecan say it was a safe year.

Statistics show that the worst school bus accidents occur on a sunny afternoon in themonths of May & June. THIS IS THE TIME we all need to FOCUS.

This is the time we need to impress on our drivers and aides to really pay extra atten-tion every day as we get to the end of the year.

This is the time we all need to take an extra few minutes to make sure our pre-trips aredone well…..our windows are clean…..and all our employees have their heads in thegame. Never back off on safety reminders this time of year as no one wants to end theyear on a bad note.

Make sure you have your Transportation Specialist nominations sent in.

Make sure you have your reservations in for the MSBOA Summer Convention on June14-16/2015. We are looking forward to seeing you all there!

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

2

BBOardOard OFOFddirecTOrsirecTOrs

RAYME BERNICk, DELANO

7763.972.3991/CELL [email protected]

ROBBIE ELLIOT, MOORHEAD

218.233.3404/CELL [email protected]

CONNIE GRISIM, STEWARTVILLE

507.533.8775/CELL [email protected]

DOUG GRISIM, LAkE CITY

651.345.4112/CELL [email protected]

TOM HEY, MARSHALL

507.532.4043 /CELL [email protected]

kEN INSELMANN, WILLMAR

320.235.2110/CELL [email protected]

SHELLY JONAS, ANNANDALE

320.274.8313 / CELL 612.599.0431

[email protected]

BRIAN kOCH, WACONIA

952.442.3370/CELL [email protected]

JIM kOONST, BELLE PLAINE

952.873.2362 / CELL [email protected]

STEVE LATOUR, ST. PAUL

651.251.8080 / CELL [email protected]

RUDY LUNDAHL, DULUTH

218.724.1707 / CELL [email protected]

MICHAEL PUTzkE, PAYNESVILLE

320.243.4455 / FAX [email protected]

GARRETT REGAN, FARIBAULT

507.334.5121/ CELL 651.470.7948

[email protected]

JOSH SCHIFFLER, CROSBY

218.546.6156 / CELL [email protected]

BETHANY SCHUBERT, SAINT STEPHEN

320.251.1202 / CELL [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. AdditionAl

subscriptions Are $24.00 A

yeAr. 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 may 2015

At this time there are four weeks of the 2015Legislative Session left until the State Constitu-tional deadline date for adjournment. TheState Minnesota became a Territory and later aState as a farm based “agrarian” society.Therefore, the founders of Minnesota deter-mined that the first Monday after the third Sat-urday in May will be the conclusion of a Leg-islative Session. Thus allowing a citizen Legis-lature to commit time to running the State withthe understanding that the Legislature wouldadjourn in time for rural Legislators to returnhome to tend to the family farm and plant thespring crops.

As the first week of May approaches, most ofthe major spending and tax bills are beingvoted off the House and Senate floor withagendas and spending based on the prioritiesof a DFL Senate and a GOP State House. TheGovernor’s role will be to communicate withtwo ideologically divergent political views ontaxation and State spending to incorporate theadministration’s positions in the 2016-2017budget and policy law. In the big picture, theGovernor would like to invest the State’s $2.0Billion dollar surplus in all aspects of StateGovernment. The DFL Senate proposes someincreased spending, a wholesale motor fuelstax, and bank a large portion of the State’s pro-jected surplus into the State’s reserve andrainy day accounts. And the GOP House isaiming to return much of the surplus to taxpay-ers.

Minnesota’s expected, forecasted, budget sur-plus for the next two year cycle is upwards of$2.1 Billion dollars. Education, health care,and transportation funding are the main stick-ing points to a timely end of the 2015 Legisla-tive Session. The Governor’s Pre-kindergartenfunding proposal is a $400 - $500 million dollarcommitment in on going spending, while neverpopular in the GOP House this proposal seemsto have waning support in the DFL Senate.The State House is proposing to rein in healthcare costs in terms of eligibility enforcementand requiring efficiency in management andoverhead costs.

When the final Education bills are sent to theGovernor for his approval, or veto, $250 to$350 million will likely be added to the generaleducation formula. School districts are advo-cating for over a $500 million dollar increase inthe General Education Formula, arguing that

due to inflation and stagnant growth in educa-tion spending Districts are cutting budgets.Districts contend that student populations over-all are increasing and aging infrastructure arecausing school boards to prioritize budgetitems consisting of teacher salaries, pensions,teacher seniority, class sizes, and buildingmaintenance with what they describe as inad-equate State funding. These are ongoingperennial issues being debated in the finalweeks of this Session regarding school fund-ing. There is a small proposal moving forwardto provide “transportation sparcity” aid to smallschool districts with a large geographic foot-print.

Transportation funding may end up beingdebated by the voters in the 2016 State Senateand State House elections instead of beingdetermined by this 2015-2016 Legislature andGovernor. The State Senate is still making apriority a wholesale motor fuels tax, a metroarea sales tax on motor fuels, and otherfinance mechanisms to fund major road andbridge repairs, with a heavy emphasis on tran-sit and light rail expansion. The House is deter-mined to spend existing motor vehicle andmotor fuels taxes, with some bonding (borrow-ing) to redirect current spending in a more effi-cient manner. Basically, is Minnesota going tospend on road and bridge repair with someenhanced current funding, or is a wholesalegas tax going to further transit and road andbridge repair, with transit equal in spending toroads and bridges.

Last week, MSBOA met with Commissioner ofthe Department of Public Safety Mona Dohmanand the staff that are responsible for the Driverand Vehicle Services Division. The purpose ofthe meeting was to determine if MSBOA andthe Department can find some middle groundregarding MSBOA’s 3rd party testing and back-ground check proposals that are contained inHF 1163 and HF 1164. The Department hasconsistently and vigorously opposed MSBOA’sattempts to ease requirements to become andmaintain 3rd party testing status and providealternatives to a Bureau of Criminal Apprehen-sion background checks for drivers. TheDepartment questions why MSBOA desiresthese alternatives to the current system.

As MSBOA describes, weeks and sometimesmultiple month long delays in licensing and cer-tification for school bus drivers are major con-

cerns form e m -bers ofMSBOA.T h eDepar t -m e n tdefends the current system as appropriate andtimely. MSBOA has held to our views of theDepartment’s systems as overly bureaucraticand untimely in the processing of basic paper-work and testing. MSBOA continues to workwith the Legislature to streamline the Depart-ment of Public Safety’s Division of Driver andVehicle Services current Administrative Ruleson testing and licensing. Our contention is thatcurrent practices at the Department are notadequate for needs of an industry with work-force shortages.

While MSBOA’s licensing and backgroundcheck proposals have had a very positivereception in the State House, our proposalshave not proceeded in the State Senate. Assuch, we are working with our House author,Representative Nick Zerwas – Elk River, toattempt to amend our proposals into other Leg-islation with the intent to find a viable option toContinued on Page 10.

3

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Page 4: Msboa may 2015

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Mail to 10606 Hemlock St. NW, Annandale, MN 55302Call with questions: 320-274-8313 or Fax to: 320-274-8027

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Page 5: Msboa may 2015

5

Kelly Wosika at the Minnesota department

of education School Finance has been pro-

moted to another position in the depart-

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Julie Belisle. Belisle has previous school

transportation experience with North

Branch Schools.

Her contact information is 651-582-8265 or

[email protected]

New Contact for Mde

(School Finance)

Nissan Glorifies Stupidity in “School Bus race”

Commercial Shelly Jonas

While watching the MN Wild this past week, I was appalled that there was a Nissan Altima commercial in heavy rotation thatis entitled “School Bus Race”. It shows an angry school bus driver slamming his door as the presumably late parent pulls upto the school bus. Then the father races the school bus to school with his child in the back seat. The bus attempts to passthe car as the voice over talks about its blind spot notification.

The description listed about the advertisement states: A father is about to drop his kid off at the bus stop when the schoolbus driver decides to take off. What follows is the best race ever as the 2015 Nissan Altima beats the bus to the school. Thiskid is definitely not going to be late for class.

At the end, he arrives at the same time and the school bus driver sits there shaking his head looking annoyed.

The commercial does a great disservice to the thousands of school bus drivers nationwide who transport 25 million childrento school safely on a daily basis. As you know, riding a yellow school bus is THE safest way for a child to get to and fromschool. Studies have shown that there are nearly 600 fatalities each year among students that drive themselves or ride witha parent or friend.

It is very unfortunate that Nissan chooses to use the iconic school bus in an attempt to sell their vehicles. The school busdriver is portrayed as a vindictive, small person who wants to get even with a parent who is running late and apparently atthe risk of safety to his passengers.

Perhaps Nissan does not care if their customers arrive safely and can glorify aggressive and unsafe driving, but it is notsomething our industry takes lightly.

I have reached out to Nissan through their various social media platforms without any response. There are quite a few com-plaints on the Nissan Facebook page from others as well. Thus far, they have been ignored by Nissan.

you can view the commercial here.http://www.ispot.tv/ad/7iQU/2015-nissan-altima-school-bus-race

Page 6: Msboa may 2015

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!

As a valued member of Minnesota School Bus Operator's Association, you areentitled to using Thomas Revnew of Seaton, Peters & Revnew Legal Hotline freeof charge. 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

service. 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.

Need legal Help? It’s Just a Phone Call Away!

check OUT www.msboa.com

Looking 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 “Inspect-ing your School Bus” DVD in HD.

Copies are available for immediate shipment. Please go to www.msboa.com forordering information.

Pre-Trip Inspection dVd

Page 7: Msboa may 2015

By Connie Grisim, Grisim School Bus, Inc., Stewartville, MN

As the end of school year comes into view, our office begins to heat up. The number of activity trips climb and weather com-plications pile sporting events on top of each other. We are racing strong to the finish line. But as we look back over thispast year there is one thing for which we are so thankful: our drivers.

Our drivers, probably like yours, are a varied lot. Some are retired business people. Some are young people working to getahead. Many are picking up some hours before or after working another job. All are hardworking. We do now, and have inthe past, had many good drivers.

By the way, now is a great time to nominate one of our drivers for the MSBOA Transportation Specialist Award. We havehad a couple of drivers win this. It is an outstanding award, honoring hardworking, dependable drivers. The bonus is thatthe winning school districts receive a monetary award of $1,000 in honor of their winning drivers. The deadline is May 15.Finding and keeping quality people is an increasingly a difficult job. It seems legislation often gets in the way of being ableto hire drivers, or at least makes the hiring process long and drawn out.

Continued on page 8.

7

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News and Views

Page 8: Msboa may 2015

8

cdL changes start May 4Here are some things you need to know:

The Commercial Learner Permit (CLP) will go into effect May 4, 2015 across the state.

All knowledge tests must be passed before applying for the CLP as well as the DOT physical. Therefore, you may find your-self paying for a physical for an applicant who has trouble passing the test and gets discouraged. you may wish to reviseyour policy that you will reimburse drivers for their physical. Current school bus drivers who wish to change classes or add endorsements must re-take the general knowledge test.

The CLP must be accompanied by US Citizen Documents. This cannot be a social security card. It will need to be a pass-port, birth certificate or other permanent resident card. It must be the certified original. It cannot be a copy. Furthermore,these documents will be required for those that wish to renew their current license.

The CLP must be held for 14 days. DVS is mandated to provide the road test 14 days from eligibility date. Therefore theCLP could potentially be held for up to 28 days before the driver is licensed.

If a driver gets a DWI while holding a CLP, they are disqualified for one year.

Driver and Vehicle Services have stated that they have made some changes to their exam station schedules. Some haveadded or reduced days.

Please double check the exam station in your area on the web.

https://dps.mn.gov/divisions/dvs/Pages/default.aspx

Driver and Vehicle Services have stated that they will be producing an informational brochure on the upcoming changes.

Self Certification forms and medical certificates should be faxed to 651-297-4447

Criminal Background Checks should go to 651-282-2110.

Curt and I are thankful for all that Shelly, Tom and the board are doing to represent us at the capitol. As business owners wework long hours just to meet the daily demands of the company.

We are so glad we have this organization to help us understand the ins and outs of what the government is doing as it relatesto our business.

This leads me to think of how the MSBOA Summer Conference has always been so helpful for us. It is a great time to catchup on what is happening. It’s one thing to read about legislation, but to have an expert explain it face to face and be able totalk it over with our colleagues has been a bonus for us. Also, the conference has always been a great time of relaxation.

Curt and I look forward to having this special time with you, our fellow school bus operators. We hope to see you there.

News & Views Continued from Page 7.

register for the MSBoA Summer Conference at

www.msboa.com

Page 9: Msboa may 2015

Recent Developments Protecting Pregnant Employees

In 2008, Peggy young sued her employer, United Parcel Service (UPS), alleging pregnancy discrimination because UPSfailed to accommodate her pregnancy-related lifting restrictions. Recently, the United States Supreme Court ruled on thecase. While the case generated a lot of interest, since young filed her lawsuit, there have been additional federal and statelegislative changes that offer wider protection for pregnant workers. As a result, the young v. UPS decision is not as expan-sive as some may think.

young worked as a part-time driver for UPS. She was responsible for the pickup and delivery of packages. When youngbecame pregnant in 2006, her doctor told her that she should not lift more than 20 pounds during the first 20 weeks of herpregnancy. However, UPS required drivers to be able to lift up to 70 pounds by themselves, or 150 pounds with assistance.UPS would not accommodate young’s lifting restrictions, and therefore, young did not work while she was pregnant.

UPS had policies to accommodate disabled and other employees (including accommodating lifting restrictions) just not forpregnant employees. young also presented evidence that UPS accommodated other individuals even if the injury did notoccur on the job and that a UPS shop steward said that, “the only light duty requested [due to physical] restrictions thatbecame an issue” at UPS “were with women who were pregnant.”

young claimed UPS violated the Pregnancy Discrimination Act (PDA) when it refused to accommodate her lifting restrictions.The PDA clarified that pregnancy discrimination is a form of sex discrimination, and also states that “women affected by preg-nancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes … as otherpersons not so affected by similar in their ability or inability to work…” In young, the issue was that UPS’ policy accommo-dated some workers that were not pregnant with lifting restrictions, but did not accommodate pregnant employees. TheCourts had to determine if the PDA required employers to offer pregnant employeesaccommodations if they offered any employee accommodations.

The Supreme Court held that, if young can show that UPS accommodates most non-pregnant employees with lifting restrictions while categorically failing to accommodatepregnant employees with lifting restrictions, a jury could reasonably infer there isintentional discrimination based on young’s pregnancy. The Supreme Court did notrule on whether UPS discriminated against young, but remanded the case to the trialcourt.

It is important to note this case was filed before the Americans with Disabilities ActAmendments Act (ADAAA) became effective. The ADAAA significantly expanded thedefinition of disability to include short-term conditions. Previously, a disability had tolimit a substantial life activity permanently or for a long period of time in order to becovered under the ADA. As a result, many pregnancy-related conditions were tooshort-term to be considered disabilities. However, now under the ADAAA, many preg-nancy-related conditions are considered disabilities. Therefore, the implications fromthe young case are not as significant as one might expect. Furthermore, state lawmay provide even more protection for pregnant workers.

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 may 2015

A school bus driver in Aitkin County made National News in February due to the releaseof a police dash cam video showing the school bus moving at slow speeds swervingall over the road. It goes in the ditch at one point before the driver regains control andgets the vehicle back on the road. At another point, a car approaches the bus, realizesthere is something wrong and backs up on the road until he or she can back into anapproach. A police officer follows the vehicle for 14 minutes swerving back and forthwith the bus. To halt the bus, a state trooper placed a tire deflation device on theground. The driver was having a medical event and was transported to the hospital.

Obviously this was a terrifying event for all the students on the bus. A student on alocal news channel reported that everyone was crying. One student called 911. Someof the older students were credited with keeping the younger studentscalm. However, it appears that the students did not know how to opendoors. The police ended up breaking the doors in to get into the vehi-cle.

This incident should serve as a wake up call for school bus transporta-tion personnel. In Minnesota, state law requires that students aretrained annually on how to ride the school bus. Evacuation drills mustbe performed as well. During these moments we have to access thestudents, our industry needs to talk to the students about situationswhere the driver may be incapacitated. Have students practice open-ing the door. Point out items like the first aid kit and two way radio. Ifyour driver has a route where older students frequently ride, he or shemay want to think about tailoring the training age appropriately. Stu-dents are used to lock down drills and all kind of emergency prep intheir school classrooms. Let’s make sure that this carries over onto theschool bus as well. In the state of Tennessee, students are trained onhow to use the two way radio and emergency brake in the event of an emergency.

The driver of the vehicle was having a diabetic issue. Make sure that drivers who have diabetes realize the seriousness of the disease. If it progress-es, they need to be aware that they need a waiver for insulin dependency. Talk to drivers during training sessions about the reasoning behind theirphysicals. Students are considered safest when there is a medically fit person behind the wheel. If a driver has a heart attack or angina or some otherkind of major health event, they need to be re-evaluated whether or not they can drive. There is an entire list of health events outlined in Federal Reg-ulations 49 CFR 391.41

Additionally, all drivers should be aware of what medication they are taking and how it can affect their ability to drive. If drivers are prescribed a Sched-ule I drug, they are not allowed to drive. Even if they are prescribed a non-Schedule I drug, they are not permitted to drive unless the doctor advisesthe driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle. Again, there is a list in the Fed-eral Register (21 CFR 1308.11 - Schedule I) that outlines these drugs. Most of them appear to be some kind of opiate pain medication.

Thankfully, no students were injured in the event in Aitkin. School Bus Drivers are under increasing pressure to perform at top peak physical perfor-mance. It is a challenge to find drivers to fit all these criteria, however we still need awareness in order to protect our passengers.

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address our concerns yet this year.

At this time of any Legislative Session rumors abound about “Special Session” after the State House, State Senate, and the Governor fail to reach agree-ments on budgets and policy items. The “mainstream” media in the Twin Cities are already speculating on the failure of the three parties’ inability toreach consensus and the possibility of a “government shutdown.” As uncertainty is a normal byproduct of any State Capitol (ours under total recon-struction) rumors are commonplace and facts are rarely attainable until the last hours of any Legislative year.

As this 2015 regular Legislative Session (that is what they call it when a “Special Session” is predicted) begins to move to a conclusion, MSBOA mem-bers should continue the much appreciated efforts of communicating with your local State House and State Senate members the concerns and thoughtsyou have regarding your business and your employees. As always, I am available by phone 612-723-5168 or email [email protected] to dis-cuss issues and/or thoughts you may have regarding student transportation and State Statute.

Legislative Update Continued from Page 3.

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MSBoA drug Testing ProgramThe MSBOA has teamed up with Clinical Research Labs foryour drug testing needs as required for DOT testing. The pro-gram was designed to support the MSBOA and to help controlcosts for its members. For more information or to join the pro-gram contact: William Coens

[email protected] [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 typicalprotections often found within EPL policies along with a fewother 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-Martinhave agreed to share a portion of their profits with the MSBOAarising 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, todefend against any employment-related lawsuit rather thanbeing appointed to the insurance company’s counsel who maynot have experience in the transportation industry. Jake Omann, Ahmann-Martin Risk and Benefits Consulting7555 Market Place Drive, Eden Prairie, MN 55344D: 952-947-9747| C: [email protected]

Trusted employees has put together a special offer for

MSBOA Members. We will be posting the information on ourwebsite. Make sure to log in the Members Benefit section formore details.

International onCommand Account Hoglund Bus Company has provided access to anyone who isa member of the MSBOA to International’s OnCommand ICBus Service Portal. you can look up warranty information anddiagnostic support.

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

other BenefitsAdditionally, through our partnership with Business Advantagewe are able to offer savings at Grainger, Office Max and OfficeDepot, HP as well as fuel at Holiday. All of these offers are onour website.

AC delco/Factory Motor PartsThe MSBOA has partnered with AC/Delco Factory Motor Partsto enable cost savings for you on your OEM parts.

Representatives from AC/Delco Factory Motor Parts will be incontact with your operation to see if they can help you savemoney 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:

In Minnesota, the Women’s Economic Security Act, which was passed in 2014, offers additional protections for pregnantemployees. Minnesota employers (with at least 21 employees) must provide reasonable accommodations to pregnantemployees (unless the employer can demonstrate an accommodation would cause an undue hardship). The law specifi-cally states: “A pregnant employee shall not be required to obtain the advice of her licensed health care provider or certifieddoula, nor may an employer claim undue hardship for the following accommodations: (1) more frequent restroom, food, andwater breaks; (2) seating; and, (3) limits on lifting over 20 pounds.”

Also, in July 2014, the Equal Employment Opportunity Commission (EEOC) issued the first new guidance on the PDA inover 20 years. The new guidance asserts that employers must provide light duty assignments for pregnant employees. Thisguidance outlines “best practices” by the EEOC that go beyond the federal law requirements, and is controversial for a fewreasons. First, the new guidance was issued shortly after the Supreme Court agreed to review the young case. Second,the guidance was issued without public comment and was publically criticized by the two EEOC commissioners whoopposed the guidance. Lastly, the Supreme Court in young explicitly stated that it could not rely on this guidance because,in addition to the questionable timing and the lack of “experience or informed judgment”, the EEOC failed to explain the basisof the guidance. After the young decision, the EEOC posted the following message: “Certain portions of this EnforcementGuidance are affected by the Supreme Court's decision issued on March 25, 2015 in young v. UPS. The Commission isstudying the decision and will make appropriate updates.”

Even though young may not expand protections for pregnant employees (especially in Minnesota), this is a good time foremployers to review their policies and practices related to pregnant workers. In addition to protections under the PDA,ADAAA, and WESA, employees with pregnancy-related conditions may have rights under the Family and Medical Leave Act,Genetic Information Non-Discrimination Act, and/or the Affordable Care Act.

Legal Notes...Continued from Page 9.

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02MsBOa Planner

Save these dates!

Minnesota School Bus Safety Committee

Meets 3rd Weds. of every Month

Locations Vary

Contact: John Thomas 952-556-6161

Transportation Issues Study Committee

Meets 4th Weds. of every Month

Contact: Keith Paulson 763-506-1132

Office of Pupil Transportation Stakeholders

Quarterly Meetings Held, Dates Vary

Contact: Lt. Brian reu 651-405-6047

MSBOA Summer Conference

June 14-16, 2015

ruttger’s Sugar Lake Lodge

Cohasset, 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 Patrol

ContactsListed 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