Attendees: Ernie Graichen, Twin Transit; Barb Savary, WSDOT; Susan Collins-Scott, Intercity Transit; Julie DeBoever, C-Tran; Sandi Free, C-Tran; Christine DiRito, Intercity Transit; Michelle Parvinen, WSTA; Mary Neidig, Lane Transit District; Mona McElroy, Ben Franklin Transit; Linda Swanson, City of Longview/Community Urban Bus Service; Per Johnsen, Kitsap Transit; Rob Riner, Kitsap Transit; Nancy Venard, Kitsap Transit; Marnie Slakey, Pierce Transit; Melody Johnson, Intercity Transit; Sandie Barnhart, Clallam Transit; Farrah Kirk, Jefferson Transit; Melanie Bozak, Jefferson Transit; Jean White, Pierce Transit; Ruth Moore, Pierce Transit; Stephanie Ostmann, Pierce Transit; Tina Guzinski, Community Transit; Susan Young, Community Transit; Jeff Stone, St John PeaceHealth; Keri Sieckowski, Kitsap Transit, Cindi McCoy, City of Longview/Community Urban Bus Service; Sharon West, City of Longview/Community Urban Bus Service.

New Legislation-Reporting Drug & Alcohol Testing Information to the Department of Licensing

Barb Savary stated that proposed legislation that would require positive drug and alcohol testing information for transit employees be reported to the Department of Licensing died in committee. However, it was noted that this same legislation has been introduced every year the past three years, and would likely resurface again next year. Currently, it is required that positive drug and alcohol testing information be reported to the Department of Licensing for non-transit commercial driver’s license holder categories.

The transit industry would like a revision of the language in the proposed legislation to allow agency substance abuse policies to apply to employees who return to duty. The proposed language is restrictive and hamper drug prevention management. The second set of bills, the penalty for return to duty should also be consistent with FHA or FTA regulations.

It was requested that WSTA e-mail group members to alert them if this legislation resurfaces in the Legislature.

2004 Public Transportation & Rail Conference

Barb Savary reported that the program for the 2004 Public Transportation & Rail Conference was in the process of being developed, and she requested human resource topics for the Conference that will be held in Yakima on August 23 -25, 2004. Information on the conference can be located on the Internet at www.wsdot.wa.gov/transit <http://www.wsdot.wa.gov/transit>.

Non-Safety Sensitive Pre-employment Drug Testing

Jeff Stone, Registered Occupational Nurse/Drug Screen Coordinator at Workplace Wellness, shared the implications of using hair for drug and alcohol testing, which would show drug use over a greater period

of time. Though not currently mandated by the Federal government for non-Dot testing, it is likely to eventually be adopted by the government. The positive impact has been the clean up of the work environment.

By show of hands, it was apparent that approximately one third of the represented transit agencies at the meeting perform non-DOT drug testing, even though such testing is subject to legal challenge. An applicant for a planner position took Metro to court, and the drug testing was determined to be unconstitutional because the position was not safety sensitive. However, employers receive a break on Labor & Industries rates if they maintain drug free workplace environments.

Instances when drug testing should and shouldn’t be performed were discussed, with several examples of post-accident testing cited when and when it would not be appropriate. Attendees shared experiences from their agencies on post-accident testing and reasonable suspicion. There was also discussion about when to test or not to test post accident, such as whether or not the employee contributed to the accident.

Jeff Stone reported on a new state law that has been passed that does not yet apply to the transit industry but involves reporting refusals to test to the Department of Licensing as a positive drug test. The individual’s CDL is revoked until a SAP evaluation is performed. In response to a question by Sandie Barnhart, Jeff stated that regulations require people to be informed that they are subject to testing. It was generally agreed the best method of informing applicants is to include in the application that drug testing is a condition of employment. Concerns were expressed about what constitutes a refusal to test on a pre-employment, rather than the employee simply deciding to not take the position. Different agencies reported how they are currently making offers of employment, when testing is required, and the stipulations placed on the offer as being contingent upon passing the pre-employment drug screen. Again, it was noted that if and when this legislation is applied to the transit industry it is important to weigh in on drafting the regulation due to the administration and timing required for new hires.

CDL Hypertension Regulations

Jeff distributed copies of the new Federal Motor Carrier Safety Administration Cardiovascular Advisory Panel Guidelines for hypertension that are scheduled to go into effect September 2004. The copies reflect the criteria established by Work Place Wellness for addressing the three stages of blood pressure readings. The new law leaves it to the provider’s discretion on guidelines used to test and reduce blood pressure. Jeff noted there have been three documented incidents of fraudulent health cards since implementation of the guidelines where cardholders have forged a physician’s name. An average of five blood pressure readings over a one or two-week period is used to determine accurate blood pressure. Christine DiRito stated that Intercity requires the original medical form from the physician that is photocopied and placed in the employee’s file to avoid fraud. Marnie Slakey stated some unions would only allow the employees to provide copies of the employee’s medical card. Melody Johnson shared that Intercity requires employees to have a physical examination every two years. Employees have the option to go to the transit agency’s care provider or to apply the $65 the transit agency pays its medical provider towards the examination cost by the employee’s own physician. Community Transit only pays for the initial medical examination.

Some discussion ensued regarding sleep apnea. Employees with sleep apnea can be disqualified if they don’t use a breathing apparatus while sleeping at night because the condition can cause the individual to fall asleep in the afternoon. Difficulty of monitoring was discussed since employers are forced to accept the doctor’s certification that an employee with sleep apnea is using a breathing apparatus. It was shared that a C-Tran driver who fell asleep at the wheel and caused an accident wasn’t even aware he had sleep apnea. It was generally agreed that an effective method of impressing the importance of good health to maintain a safe work environment is through employee education.

Jeff Stone also reported that an insulin-dependent diabetic is required to have a 3-year record of good control and must follow certain criteria to qualify for a non-transit CDL. This is not yet required by the FTA, but will likely be adopted in the future.

There was some discussion regarding whether or not agencies accept a waiver before an examination. Intercity requires a second opinion as a fit for duty test.

Ruth Moore will be attending a forum in California sponsored by the Novartis Drug Company for people in the transit industry that will provide education on a regimen to control high blood pressure. Attendees will receive information on high blood pressure for use by their own transit agency employees.

Connection Between Safety, Drivers’ Equipment and the Size of Operators

Per Johnsen reported on a 300-pound driver who claimed an on-the-job back injury caused by the vehicle seat. The man was recently cleared by his doctor to return to work, and he passed the 5-hour PCE. However, the doctor doesn’t know the statistics on the seats. The seat is designed to hold someone as large as a male in the 95th percentile, 6’-2", 250 pounds. Per has been frustrated in his attempts to get information from the vehicle manufacturer since most of the information was difficult to use for practical applications. The information didn’t address what happens when a 280# driver has a head on collision and one component fails. The major concern is what happens to those persons who exceed the 95th percentile. Per surveyed Kitsap drivers, and 85% said they had gained an average of 40 pounds since they were hired. It was questioned whether should agencies declare those exceeding the 95% as unfit for duty, or should size standards be established for hire. Marnie shared Pierce Transit’s experience hiring a 395# driver with controlled high blood pressure, diabetes and sleep apnea. The driver had an excellent work record, and staff struggled with how to justify not hiring the man.

It was noted that the occupational physician does not have a list of all the things employees must do safely, such as tying down wheelchairs. A fitness test could be administered at the time of the interview. Community Transit terminated a 6’-6" female operator who was determined unable to drive a relief car. Per stated Kitsap administers performance tests that measure physical capacity such as lifting, carrying, and getting up and down from floor. A certified athletic trainer developed and administers the test. However, the test is used only when injured operators return to work, and is not used randomly due to legal risks. If used for other purposes, all employees would need to be tested; or failure to do so could expose agencies to the threat of litigation. The question was posed as to what to do with employees and applicants that exceed the equipment size limitations - should they not be hired because equipment is not made to keep these people safe. In response to a question by Mary Neidig, asking if other seats were available that were rated to a higher standard or weight limit, Per explained that he was unable to find a vendor in the industry that could supply seats with higher ratings than the ones they were currently purchasing for the vehicles owned by Kitsap. There were size restrictions on some of the vehicles as to what size seats would fit in vans versus coaches.

Some discussion ensued regarding the applicability of the Americans with Disabilities Act. The agency has to demonstrate reasonable accommodation unless there is no available equipment on the market. Marnie Slakey stated that it would create undue hardship on the agency to accommodate the entire fleet for one person. One of the essential job functions of most transit agencies is that an employee needs to be able to operate all vehicles within the agencies’ fleet. A transitional accommodation could be made for a short period of time, up to one year. Per noted an employee could be disqualified on the basis if he/she is unable to fasten a passenger wheelchair belt. It was suggested that other health issues, such as high blood pressure, diabetes, and sleep apnea, are directly related to weight. Per stated that driving transit vehicles is very physically demanding because drivers sit for periods of time and are required to perform immediate physical activity without warming up. Melanie Bozak suggested incorporating a PCE exam along with the CDL. Again, it was suggested that driver education encouraging operators to take personal responsibility for their health was one way to address the issue. Further comments were made about stressing the physical aspects of the job and the need for fitness and agility in performing job tasks during the hiring and interview process.

Michelle Parvinen, WSTA, was asked to e-mail information on the processes used by Kitsap, Community and Intercity Transit to conduct physical assessments on operator applicants.  Resources available on HR Resource Page.

New Employee Orientation Video

Per Johnsen and Rob Riner shared an employee orientation video used by Kitsap Transit. The video was developed by Icon Media of Olympia at a cost of $12,000, and the digital aspect of the video makes it easy to update. Icon previously developed a similar presentation for Pierce Transit, and staff at both Kitsap and Pierce was satisfied with the overall experience of working with Icon. The exact cost of updates is unknown at this time, but the finishing costs have been reasonable.

Pierce Transit Employee Service Awards Program

Stephanie Ostmann shared information about an incremental employee service awards program initiated at Pierce at the beginning of this year. Pierce is using Terryberry Company for its award program, and employees can look on a website or in a catalog to make award selections. Employees with five years of service receive a pin; employees with ten years of service have several different variations of a pin or charm; and employees with fifteen years of service have a wider range of selections, such as a clip-on transit watch or a wristwatch. Managers currently present the awards to their employees in the month the employees’ anniversaries occur; however, Pierce is considering a recognition ceremony on Transit Team Appreciation Day, in which all award recipients from the previous year would be recognized. The cost of the incremental award program has been between $5,000 and $6,000. Stephanie noted it is difficult to measure improvement of morale, but employees appear to appreciate the recognition.

C-Tran also uses milestone pins for every five years of service. After twenty years of service employees receive either a pewter or crystal bus mounted on a plaque in the shape of Washington state.

Melody Johnson and Christine DiRito described Intercity’s "Thanks to You" program. Customers, other employees, as well as supervisors, can write up employees whose actions have created a positive impact in the work environment. The write-ups are submitted to a committee of operational employees who decides how many points each incident is assigned. The points can be collected and used like money to purchase such items as gift certificates for dinners or entertainment tickets, or they may redeem points by making selections from a catalog. Employees with up to 400 points can select a leather coat.

Melody Johnson agreed to make a description of Intercity’s "Thanks to You" program available to Michelle Parvinen at WSTA for e-mail distribution to group members.

What’s New on the Labor Front

Several transit agencies summarized current labor negotiations. Kitsap Transit is negotiating a three-year contract with its 77 Access operators, one year prior to the expiration of the labor contract with fixed route operators. Management anticipated a collaborative process since the prior contract was approved by 85% of the union membership; however, the union reopened substantially every contract article. The drivers initially asked for a 15% salary increase but settled for a 2-1/2% COLA with an increase in steps from a 5-step to a 7-step wage structure. Health benefits were negotiated the prior year when one of the local hospitals failed to renew its contract with the health insurance provider, and at that time management negotiated a four-tier insurance cost menu with 7.7% employee participation in whatever option was selected by the employee. One of the most significant issues to surface is employee work schedule stability with guaranteed start and stop work times. Management is sensitive to this problem and has been investigating alternatives that will enable more employees to have predictable work schedules.

Mary Neidig, Lane Transit District, stated that the ATU is focused on other agencies at this time since eleven contracts will expire on July 1, 2004. Lane continues to pays 100% of the medical premiums and will try to negotiate an increase in the employee contribution toward retirement as well as medical premiums. Lane had a 7 and 8% overall increase between the COLA and health benefits.

Julie DeBoever, C-Tran, stated that wage increases have remained within their contract minimum and maximum of 3-5%. Management negotiated an increase in co-pays from $5 to $10 for Kaiser members. Insurance is covered at 100% for both employees and dependents. Part-time employees with less than three years’ service previously received 50% benefits, and employees with over three years’ service received 60% of benefits. Now all part-time employees receive 60% benefits; with a scheduled increase to 70% this fall. Fortunately, medical premium costs have been reasonable: Providence, 9% and Kaiser, 15%.

Melanie Bozak shared that wages for Jefferson Transit employees are directly tied to local sales tax increases. Dial-a-ride was brought in five years ago, and Jefferson has been gradually increasing the dial-a-ride operator wages so they are on a par with the fixed route operator wages. By July 2004 the dial-a-ride operators will receive the same pay as fixed route operators. One of the biggest challenges for Jefferson Transit is to reign in paratransit service contract costs.

Melody Johnson shared that Intercity has been extremely dissatisfied with the PERC mediator assigned to their agency, and Intercity may end up going into arbitration to settle wage and healthcare disputes. Insurance cost premiums are $418 for the employee and $507 composite, with 68-92% paid by the employer, depending on the plan.

Mona McElroy shared that Ben Franklin negotiates with both the Teamsters and the ATU. Insurance premiums are $616. The non-represented maintains a pool of funds that can be used by other non-represented employees with dependents. The union wants to abolish its composite premium rate and establish a program similar to the non-represented group of employees. Wages and insurance are the two major components of upcoming negotiations.

Linda Swanson shared that the City of Longview has recently experienced 20 - 23% increases in insurance premiums. During the last round of negotiations, employees were most concerned about insurance premium costs and agreed to a lower percentage wage increase to maintain a 90/10 insurance split and also received a slightly improved vacation accrual schedule. Kaiser premiums are composite based and Regence is based on an internal composite.

Marnie Slakey shared that Pierce Transit offers Primera and Group Health. Employees currently participate at $75/month for Primera and $25/month for Group Health; however, employee participation for Primera will increase to $90/month next year. Pierce has also established a 4-10 task force that will allow operators to bid on a 4 day, 10 hour-a-day workweek. Pierce is also researching the possibility of offering a retiree health savings account that would allow employees to save a percentage of their income as well as their retirement cash out to fund health care costs following retirement.

Announcements

Barb Savary reported on staffing changes following the retirement of key people at WSDOT.

Stephanie Ostmann shared that spaces were still available in the Verbal Judo class at Pierce Transit on April 26-30. Stephanie suggested interested persons check the website at WSTTC.org. Verbal Judo is a technique developed by a former policeman and English PhD to help police and other public contact employees defuse hostile situations verbally.

Barb Savary requested input for the Training Coalition that is soliciting suggestions for the 2005 training calendar.

Future Roundtable Meetings

Kitsap Transit previously volunteered to host this fall’s roundtable in October or November, and Community Transit volunteered to host the spring roundtable.

WSTA staff is happy to provide information and answer questions.

(360) 786-9734 ~  Fax (360) 786-9740
2629 12th Court SW  ~  Olympia, WA 98502-1118