New Democrat Olivia Chow Wants Harper's Conservatives to Put the Safety of Canadians First
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opinion by olivia chow
New Democrat Olivia Chow
Wants Harper’s Conservatives to Put
the Safety of Canadians First
P rotecting Canadians is one of
the most basic responsibilities of
our government, and this principle
As a starting point, I support legislation
to require a 10-hour-maximum drive
time per day, a 14-hour-maximum on
Olivia Chow is the NDP MP for Trinity-Spadina
and the Official Opposition Transport Critic
applies to our transportation system. duty per day, and a 10-hour-minimum training for drivers about the dangers
As the NDP critic for Transportation guarantee for rest between shifts. Our of fatigue. We need more than just a
and Infrastructure, I am convinced international partners have already web site to prevent driver fatigue in
that our federal government could be implemented rules like this. In fact, the Canada.
doing a lot more to improve the safety United States has a daily maximum
on our roadways while preventing of 10 hours of driving time, and the It is time for the Canadian govern-
driver fatigue across Canada. EU has an even tougher standard of 9 ment to recognize the importance of
hours of driving per day. preventing accidents, and this starts
In fact, the Canadian Council for with real solutions and laws to curb
Motor Transport Administrators Of course, a stronger law is not a unsafe practices. Terrible tragedies
makes the case that driver fatigue silver bullet, but it is a logical first step like Lac Mégantic can be prevented
is a factor in hundreds of accidents that protects passengers and levels the and we must work harder to ensure
every year in our country. Fatigue is playing field between bus companies. that accidents like this never happen
an aggravating factor to dangerous We must not give an advantage to again.
conditions, which means that bad those bus carriers who do not follow
weather, as an example, is made all good safety practices, and who do not Conservatives have a bad record
the more dangerous when the driver plan safe work schedules and routes. when it comes to putting the safety
has not had enough rest. Fatigue leads of Canadians first and preventing
to decreased alertness, slower reaction Currently bus lines have incentives accidents before they occur. It
time, poor memory and judgement. to keep drivers on the road for long is scandalous that the federal
The facts show a clear relationship periods, regularly over 13 hours government has failed to implement
between driver fatigue and crash behind the wheel with very few the recommendations from the
incidences causing tragic deaths. breaks. The truth is that they know Transportation Safety Board, which
that they will not be caught, because would save lives if they were put
Driver fatigue is especially worrisome they are not regularly being inspected. into place. Whether it is food safety,
in the case of inter-city buses where We need to enforce our standards and rail safety, or consumer protection,
dozens of passengers are at risk every conduct routine investigations. Conservatives tend to react once a
time bus operators have been asked to problem occurs rather than enforce
work extra-long hours, or have not had Violations that put Canadian travellers existing laws, conduct routine
a chance to adequately rest between in jeopardy cannot be tolerated – inspections and review safety plans
their shifts. In the US there are about companies deserve stiff fines when beforehand.
50 bus passenger fatalities annually they break these rules. Too often, bus
and 325 fatalities where buses have drivers have not had enough sleep An NDP government would work
killed occupants of other vehicles, each night. Their work schedules broadly on transportation safety as a
pedestrians or cyclists. These statistics have not allowed them to get enough key priority. We need an approach
are a warning for Canadians. sleep. We must prevent severe fatigue that will anticipate threats facing
that quickly builds over the course of Canadian travellers before they occur.
The Transportation Safety Board of a busy week of driving. New Democrats can do a better job
Canada has acknowledged that long implementing fatigue management
work hours contribute to drivers We also need a comprehensive training on our roadways, while
being less alert. It’s time that we approach to keep Canadians safe. This modernizing and enforcing safety
take a good look at beefing up our means better designs for our roadways measures so that Canadians can travel
regulatory system to ensure that bus and intersections, appropriate railway in security as they deserve. Let’s deal
lines are not putting their employees crossing infrastructure, rigorous with transportation safety together
and passengers at risk simply to review and inspections of safety to prevent anymore unnecessary
increase profit margins. management plans, and proper tragedies. n
19 OTTAWALIFE FEBRUARY 2014
driver fatigue by marc labelle
Bus Driver Fatigue
A Wake-Up Call
We all know it. We have all, at some point or another, felt its effects, wishing to and thereby pose a significant threat
succumb to its entrancing form of temptation. Though we may attribute various to roadway safety.
appellations to this state, fatigue does not discriminate, it debilitates. Whatever our
The CCOHS provide the results
profession, our position, once the symptoms of that familiar sense of drowsiness of research on the subject of fatigue
and lethargy arises, our level of alertness diminishes and, consequently, our which “say we need at least 7.5 to 8.5
performances suffer significantly. When the eyes begin to grow heavy, we become hours every day. Studies have reported
helpless as we slowly slip into unconsciousness. that most night workers get about 5 to
7 hours less sleep per week than the
According to the Canadian Centre the windshield, a recurring procession day shift. (You can accumulate a sleep
for Occupational Health and Safety of the repetitious, the bus driver must debt, but not a surplus).” Considering
(CCOHS), “fatigue is the state of maintain a steady, forward motion in the immense responsibility placed on
feeling very tired, weary or sleepy a state of vigilant attentiveness. the shoulders of bus drivers, proper
resulting from insufficient sleep, rest ranks as a chief priority to ensure
prolonged mental or physical work, or Accidents are unavoidable; one cannot safety.
extended periods of stress or anxiety. anticipate the unexpected, and despite
Boring or repetitive tasks can intensity adequate preparation, the spontaneous Though difficult to measure, the
feelings of fatigue.” can veer its evil head without notice, consequences of fatigue are clear.
transforming travel into tragedy. The According to the CCOHS, studies
Though never agreeable, fatigue is key, however, is prevention. report the effects of fatigue as “reduced
often discarded as a mere inconve- attention and vigilance, reduced
nience, a brief, temporary excursion Due to the pressures from some reaction time – both in speed and
into the realms of discomfort. operators, driver fatigue has become thought, failure to respond to changes
However, consider professions which an increasingly important area in surroundings, [an inability] to
necessitate long hours of uninterrupt- of concern, albeit a potentially stay awake (e.g., falling asleep while
ed concentration, those occupations preventable one. Current legislation operating machinery or driving a
where alertness operates concurrently can have drivers working 16-hour vehicle), and increased accident rates,”
with responsibility. In such cases, the days, 13 of those hours behind the among others.
manifestation of fatigue can place wheel, with only 8 hours between
individuals in potentially mortal shifts. Those 8 hours between shifts Bus driver fatigue is a serious public
danger. do not, many argue, allow drivers to policy matter and Transport Canada
have sufficient time to drive home, is also investigating the potential
Bus drivers work primarily in liminal – or to their accommodation – sleep threat of fatigue. “Transport Canada
zones, operating their vehicle along and drive back to work for the next recognizes that reducing driver
all manners of roads with the aim scheduled shift. According to the fatigue is an important issue and has
of safely transporting passengers to Amalgamated Transit Union (ATU) been involved in fatigue research
their final destination. Ignoring the Local 1624, this work cycle can and regulatory developments on
droning lull of the engine’s persistent continue for 14 consecutive days. road safety issues over the past 15
hum and the monotonous view from Such schedules are fodder for fatigue years,” says the Honourable Lisa
20 OTTAWALIFE FEBRUARY 2014
Raitt, Minister of Transport. “The tools to help them to understand the to obtain the amount of rest required
regulations that address the maximum science of fatigue and how to best to minimize or eliminate fatigue.
hours that a commercial motor mitigate it. The NAFMP provides a The regulations contain limits on
vehicle (bus and truck) operator can return on investment calculator and the amount of driving or work as a
drive were amended in 2005 after knowledge about fatigue. It has the safety measure to restrict drivers from
more than 10 years of review and potential to alter attitudes, change working beyond generally accepted
deliberation. During that time, the motivations and shape a carrier’s safety limits.”
Department consulted with experts culture. It is an ideal complement
in the field of fatigue, provincial and to hours of service regulations. The Raitt adds, “the enforcement of the
territorial representatives and with number of visitors to the program hours of service is a joint federal/
industry to assist in the development website remains strong. Transport provincial/territorial activity. The
of the amended rules. The template Canada has not, however, received provinces and territories enforce
for the review was National Safety any direct feedback from ATU on this the federal regulations in addition
Code (NSC) Standard #9 – Hours subject.” to their own respective regulations.
of Service which falls under the Any further review of the hours of
Canadian Council of Motor Recently, Allan Medd, president and service would be undertaken under
Transport Administrators (CCMTA). business agent of ATU Local 1624, the auspices of the CCMTA and
The federal and provincial/territorial launched a petition addressed to Raitt centred on NSC Standard #9 – Hours
hours of service regulations are calling for changes to the legislation. of Service. At the present time, there
patterned after the NSC standard. The proposed amendments are “10 are no plans to revisit the NSC hours
Many changes were implemented hour-maximum driver time per day, of service standard or the federal/
in the revised NSC standard and 14 hour-maximum on duty per day, provincial/territorial regulations.”
subsequently incorporated into the [and] 10 hour-maximum guarantee
federal and provincial/territorial for rest between shifts.” Like all manner of societal organiza-
regulations that respected the science tions and procedures, operators are
on fatigue but still provided the bound by legislations and laws. Despite
industry with a reasonable level of the ATU’s call for amendments in
flexibility in which to operate.” current legislation, Raitt argues that
The regulations proper investigations into the issue of
There are two types of fatigue: contain limits on the fatigue itself should not be bypassed
chronic and acute. The fatigue and that regulations do not reveal all
experienced by drivers falls under the amount of driving or facets of the issue.
category of acute – chronic referring work as a safety measure
to a constant, severe syndrome. Acute “Regulations represent a necessary
fatigue is temporary and, according to restrict drivers from and fundamental part of fatigue
to the CCOHS, “results from short- working beyond generally management,” says Raitt. “They
term sleep loss or from short periods provide legal limits to the amount of
of heavy physical or mental work. The accepted limits. work that can be done given specific
effects of acute fatigue are of short The Honourable Lisa Raitt timeframes and they preserve a
duration and usually can be reversed MIN ISTER OF TR ANSPORT driver’s off-duty time. Regulations,
by sleep and relaxation.” however, do not represent the
complete solution to addressing the
Driver fatigue is not a recent area of issue of driver fatigue. Regulations
concern for Transport Canada, the do not provide knowledge about
issue having been under investigation fatigue and they do not change driver
for some time. attitudes, motivations or the safety
culture in a company. It is widely
“Transport Canada developed the understood today that in order for
North American Fatigue Management a fatigue mitigation approach to be
Program (NAFMP) over the past 10 A rested driver, one can argue, is comprehensive, all of these issues
years with Government, academia an alert driver. In response to the should be addressed. The current
and industry partners from Alberta, ATU’s call for change, Raitt says: thinking is that regulations should be
Quebec and the United States,” says “The regulations set the minimum complemented by other interventions
Raitt. “The NAFMP is the result of level of off-duty time at eight that could be adopted voluntarily.
an evidence-based scientific multi- consecutive hours between shifts, It is for these reasons that Transport
phased development process. It is with a minimum of 10 hours of Canada developed the NAFMP.”
a voluntary, free of charge, fully rest per day. The regulations do not
interactive, bilingual, web-based restrict a driver from obtaining the The ATU’s petition also requests that
education program that provides amount of off-duty time that he/she “all motor coach vehicles be equipped
carrier management, shippers, drivers believes is necessary to minimize or with electronic logging technology”
and their families with resources and reduce fatigue. The key is for drivers which will monitor every movement
21 OTTAWALIFE FEBRUARY 2014that the bus makes through a graphic Driver fatigue in the motor coach
system, capturing speed, distance industry is a serious public policy
covered, and location. Accurate electronic on-board matter. A single crash can result in
logging is a significant component countless casualties. The potential
of a bus driver’s responsibilities for it
recorders… reduce the for prevention remains a recurring
details the activities of the operator opportunity for commercial note, a rally for change. Both the
and the vehicle. An electronic logging ATU Local 1624 and Raitt wish
system would ensure that truths are not
drivers to falsify logbooks to promote safety and measures are
being bent for financial gain and that and as a result, exceed being taken to investigate the issue.
all procedures are being followed. Medd’s petition promotes change
regulated driving hours. and reveals the pressures which bus
“Transport Canada is also drivers must face on a daily basis.
participating on a CCMTA Project For years now, Transport Canada
Group that is developing a new has been tasked with investigating
NSC technical standard for the use Regulated, electronic logging and the the issue, an issue which they are not
of electronic on-board recorders,” debate about work hours are part and near ready to ignore.
says Raitt. “These devices reduce the parcel of the issue. Driver fatigue is but
opportunity for commercial drivers one potential area of concern when it “Transport Canada takes the issue
to falsify logbooks and as a result, comes to roadway safety. “For driver of driver fatigue very seriously
exceed regulated driving hours, behaviour issues, there are a host of and has been leading research and
which may then contribute to driver tools that can be used,” says Raitt. regulatory initiatives to address this
fatigue. Transport Canada supports “The key issues are fatigue, distraction, for more than 15 years,” says Raitt.
the development of an electronic on- driving under the influence of alcohol “We are continually analyzing the
board recorder technical standard or drugs and aggressive driving. evolution of scientific knowledge
that is operationally feasible for both Through the CCMTA, Transport and conducting research so that
industry and government regulators Canada continues to be involved with we are positioned to support our
and implemented consistently across its stakeholders in a number of ways to regulatory activities and provide
all jurisdictions.” address these issues.” credible scientific advice.” n
Fatigue Kills!
Help stop the carnage
President and Business Agent
From: Allan Medd ATU Local 1624
How many is enough SIGN THE
FOR CHANGE?
PETITION
AND SHOW
YOUR
SUPPORT!
Make your voice count at:
atu1624.ca
22 OTTAWALIFE FEBRUARY 2014opinion by david mcguinty
Governments have a responsibility
to get the big things right
G overnments have a responsibility
to get the big things right.
minutes of video showed drivers
falling asleep.
David McGuinty is the Liberal Member of
Parliament for Ottawa South.
Transportation safety is certainly one • A 13-hour drive with a night-time
of them. Commercial vehicle driver start was associated with the most • 10-hour maximum drive time per
fatigue is a serious issue that deserves sleep deprivation. day
our attention. However, there is • 14-hour maximum on duty per
often confusion about jurisdictional You might ask, what is the government day
responsibilities for transportation doing to address this problem, and is it • 10-hour minimum guarantee for
regulations. enough? This summer, the Minister of rest between shifts
Transport and the Administrator of the • All motor coach vehicles equipped
According to Transport Canada, U.S. Department of Transportation’s with electronic logging technology
“Provincial and territorial regulations FMCSA, announced the launch • A distinction between motor coach
govern the operation of the commercial of the North American Fatigue vehicles and trucks
bus and truck industry except for Management Program (NAFMP), a
the rules and regulations Transport web site that provides training and This issue of driver fatigue is certainly
Canada’s Motor Carrier Division sets education on commercial bus and not a new concern, but is being
in support of the safe operation of truck driver fatigue management. brought to the forefront by other
federally-regulated (extra-provincial) This is a good start but much more recent devastating transportation
motor carriers and commercial vehicle needs to be done. accidents. The issue of hours of
drivers. The federal government only service was studied by the Standing
has authority over extra-provincial The Canadian Council of Motor Committee on Transport and
truck and bus carriers that carry goods Transport Administrators (CCMTA) Government Operations in the 37th
or passengers across a provincial or is a non-profit organization comprising Parliament. Their report of June
international boundary.” representatives of the provincial, 2002 contained the following three
territorial and federal governments of recommendations:
The federal government administers Canada which, through the collective
the Motor Vehicle Transport Act. The consultative process, makes decisions • After consultations with the
relevant regulations under this act are on administration and operational Provinces, the CCMTA,
the Commercial Vehicle Drivers Hours of matters dealing with licensing, stakeholders and organized labour,
Service Regulations (SOR/2005-313), registration and control of motor Transport Canada consider
which set the hours of work and rest vehicle transportation and highway adopting the combined CTA/
rules for federal motor carriers and safety. It also includes associates whose Teamsters - CCMTA proposal for
their drivers. expertise and opinions are sought hours of service.
in the development of strategies and
The seriousness of this issue was programs. • Transport Canada, the CCMTA
highlighted by the Commercial Motor and stakeholders give careful
Vehicle Driver Fatigue and Alertness Study The Amalgamated Transit Union is consideration to the issues
(1997) conducted by the US Federal calling on the government to make surrounding the hours of service
Motor Carrier Safety Administration changes to the legislation surrounding debate in implementing a new
(FMCSA) and Transport Canada. The the hours of service for motor coach regime;
study observed 80 commercial vehicle drivers. They state that “Motor coach
operators, aged 25 to 65, on 360 trips drivers are forced to work long hours • Any new hours of service regime
that covered a total of 200,000 miles with minimal compensation and very be subject to a trial period after
and produced the following findings: little time between shifts. As a result, which Transport Canada report to
a driver's reaction time decreases and Parliament on the operation of the
• Time of day was the single best the opportunity for a fatal collision new hours of service rules.
predictor of decreased driving increases.” In an attempt to reduce
performance. driver fatigue they are calling on the A government has no greater
• 19 minutes out of the 244,667 government to implement: responsibility than the safety of its
23 OTTAWALIFE FEBRUARY 2014David McGuinty >> from page 23
citizens. However, Public Accounts
recently tabled by the government
show shocking cuts to road safety
programs. Precisely when the
government should be investing in
road safety, it is cutting road safety
initiatives 5.5 per cent from $23.8
million (2011-12) to $22.5 million
(2012-13). At the same time, the
Conservative Government is spending
twice that amount, about $40 million
annually, on Economic Action
Plan ads. The government should
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