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Safety Recommendation Details

Safety Recommendation H-89-031
Details
Synopsis: ABOUT 6:45 A.M., CENTRAL STANDARD TIME, ON NOVEMBER 19, 1988, A GREYHOUND BUS WITH 45 OCCUPANTS, TRAVELING SOUTH BOUND THROUGH A CONSTRUCTION ZONE ON INTERSTATE HIGHWAY 65 IN NASHVILLE, TENNESSEE, SUDDENLY WENT OUT OF CONTROL DURING A STEERING MANEUVER, ROTATED 190 DEGREES CLOCKWISE IN THE SOUTHBOUND LANES, OVERTURNED ON ITS LEFT SIDE, AND CAME TO REST FACING NORTHBOUND ON THE SOUTHBOUND EMBANKMENT. THE UNRESTRAINED BUS DRIVER AND 38 PASSENGERS WERE INJURED IN THE ACCIDENT. TWELVE PASSENGERS SUSTAINED SERIOUS INJURIES, AND THE BUS DRIVER AND 26 PASSENGERS RECEIVED MINOR INJURIES. SIX PASSENGERS WERE NOT INJURED.
Recommendation: THE NTSB RECOMMENDS THAT THE FEDERAL HIGHWAY ADMINISTRATION: REVISE SECTION 391.43 OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO: INCORPORATE A PROVISION THAT WILL PROHIBIT THE OMISSION OF MEDICAL INFORMATION IN CONNECTION WITH A MEDICAL CERTIFICATION PHYSICAL EXAMINATION; REQUIRE THAT WHEN COMMERCIAL DRIVERS ARE EXAMINED, THEY SIGN A STATEMENT CERTIFYING THAT THE MEDICAL HISTORY THEY HAVE PROVIDED IS BOTH COMPLETE AND ACCURATE AND THAT THE MOTOR CARRIER HAS THE AUTHORITY TO OBTAIN INFORMATION ON THE BUS DRIVERS' MEDICAL HISTORY FROM THEIR PERSONAL HEALTH CARE PROVIDERS; AND REQUIRE THAT THE MEDICAL HISTORY FORM ELICIT MORE COMPLETE INFORMATION ON DRIVERS, USING COMMONLY UNDERSTAND ABLE TERMINOLOGY.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Highway
Location: Nashville, TN, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA89MH002
Accident Reports: Greyhound Lines, Inc., Intercity Bus Loss of Control and Overturn Interstate Highway 65
Report #: HAR-89-03
Accident Date: 11/19/1988
Issue Date: 9/28/1989
Date Closed: 7/7/1998
Addressee(s) and Addressee Status: FHWA (Closed - Unacceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: FHWA
Date: 3/15/1999
Response: H-89-31 ASKED THE FHWA TO REVISE 49 CFR 391.43 TO INCORPORATE A PROVISION THAT WILL PROHIBIT THE OMISSION OF MEDICAL INFORMATON IN CONNECTION WITH A MEDICAL CERTIFICATION PHYSICAL EXAMINATION; REQUIRE THAT WHEN COMMERCIAL DRIVERS ARE EXAMINED, THEY SIGN A STATEMENT CERTIFYING THAT THE MEDICAL HISTORY THEY HAVE PROVIDED IS BOTH COMPLETE AND ACCURATE AND THAT THE MOTOR CARRIER HAS THE AUTHORITY TO OBTAIN INFORMATION ON THE BUS DRIVERS' MEDICAL HISTORY FROM THEIR PERSONAL HEALTH CARE PROVIDERS; AND REQUIRE THAT THE MEDICAL HISTORY FORM ELICIT MORE COMPLETE INFORMATION ON DRIVERS, USING COMMONLY UNDERSTANDABLE TERMINOLOGY. THE FHWA HAS FAILED TO REVISE THE RELEVANT REGULATIONS IN THE ALMOST 10 YEARS SINCE THESE RECOMMENDATIONS WERE ISSUED. UNTIL THE REGULATIONS ARE REVISED AND THE FHWA PETITIONS THE BOARD TO CHANGE THE CLASSIFICATION AS A RESULT OF THE RULEMAKING ACTION, THE STATUS OF H-88-24 AND H-89-31 WILL REMAIN "CLOSED--UNACCEPTABLE ACTION."

From: FHWA
To: NTSB
Date: 10/26/1998
Response: Letter Mail Controlled 3/8/99 8:35:04 AM MC# 981299 THE FHWA PUBLISHED AN NPRM ON AUGUST 5 WHICH PROPOSES RECOMMENDATIONS THAT SUBSTANTIALLY ENHANCE THE EXISTING MEDICAL EXAMINATION PROCESS AND PROCEDURES. THIS ACTION INCORPORATES AND GOES BEYOND THE NTSB'S RECOMMENDATIONS FOR IMPROVING THE MEDICAL EXAMINATION PROCESS. THE PROPOSED NEW MEDICAL EXAMINATION PROCESS AND PROCEDURES INCLUDE: (1) A REQUIREMENT FOR DRIVERS TO SIGN A STATEMENT CERTIFYING THE MEDICAL HISTORY THEY PROVIDE IS BOTH COMPLETE AND ACCURATE; (2) INFORMATION ON THE RISK FACTORS AND DEMANDS ON COMMERCIAL DRIVING AND (3) A CERTIFICATION STATEMENT BY THE MEDICAL EXAMINER THAT THE INFORMATION REGARDING THE PHYSYICAL EXAMINATION IS TRUE AND COMPLETE. THE PROPOSED NEW MEDICAL FORMS AND MATERIALS HAVE BEEN UPDATED AND ORGANIZED TO REFLECT CURRENT MEDICAL TERMINOLOGY AND EXAMINATION COMPONENTS, AND TO THE EXTENT POSSIBLE, INCLUDE ALL RELEVANT INFORMATION NECESSARY TO CONDUCT THE PHYSICAL EXAMINATION AND CERTIFICATION. CURRENT FEDERAL MOTOR CARRIER SAFETY REGULATIONS DO NOT PROHIBIT A MOTOR CARRIER OR PASSENGER CARRIER FROM OBTAINING INFORMATION ON THEIR DRIVER'S MEDICAL HISTORY FROM THEIR PERSONAL HEALTH CARE PROVIDERS. THE FHWA MAY CONSIDER PETITIONING THE NTSB FOR RECONSIDERATION OF THE "CLOSED--UNACCEPTABLE ACTION" STATUS OF THESE TWO SR'S AT SOME FUTURE TIME.

From: NTSB
To: FHWA
Date: 7/7/1998
Response: THE BOARD IS AWARE THAT THE FHWA HAS ENTERED INTO REGULATORY NEGOTIATION WITH SEVERAL STATE REPRESENTATIVES & THE MOTOR CARRIER INDUSTRY TO INCLUDE THE CERTIFICATION OF PHYSICAL FITNESS OF DRIVERS TO OPERATE COMMERCIAL MOTOR VEHICLES AS PART OF THE COMMERCIAL DRIVER'S FITNESS PROCESS. THE FHWA FURTHER EXPECTS TO DRAFT A NOTICE OF PROPOSED RULEMAKING (NPRM) ADDRESSING THE ISSUES ON THE APPROPRIATENESS OF MOTOR CARRIERS VERIFYING THE AUTHENTITY OF MEDICAL EXAMINER'S CERTIFICATES LATER THIS YEAR. WE ARE DISAPPOINTED THAT THE FHWA HAS FAILED TO ADDRESS OUR CONCERNS REGARDING THE AUTHENTICITY OF A MEDICAL EXAMINER'S CERTIFICATE & THE OMISSION OF MEDICAL INFO IN CONNECTION WITH PHYSCIAL EXAMINATIONS. IN LIEU OF THE TIME THAT HAS ELAPSED SINCE THIS RECOMMENDATION WAS ISSUED, THE BOARD HAS CLASSIFIED H-88-24 & H-89-31 "CLOSED-- UNACCEPTABLE ACTION."

From: FHWA
To: NTSB
Date: 9/23/1997
Response: ON 7/15/94, THE FHWA PUBLISHED AN ANPRM (59 FR 36339) WHICH SOLICITED INFO & VIEWS CONCERNING THE MERGING OF THE MEDICAL CERTIFICATION PROCESS WITH THE COMMERCIAL DRIVER LICENSING PROCESS. A COPY OF THE ANPRM HAS PREVIOUSLY BEEN PROVIDED. PILOT PROGRAMS IN SIX STATES HAVE BEEN COMPLETED WHICH EXPLORED THE FEASIBILITY OF INTEGRATING THESE TWO PROCESSES. A FINAL REPORT OF THESE PILOT PROGRAMS WAS COMPLETED IN JANUARY 1995. THE FHWA HAS ENTERED INTO REGULATORY NEGOTIATION WITH REPRESENTATIVES OF THE STATE & THE MOTOR CARRIER INDUSTRY TO INCLUDE THE CERTIFICATION OF PHYSICAL FITNESS OF DRIVERS TO OPERATE COMMERCIAL MOTOR VEHICLES AS PART OF THE COMMERCIAL DRIVER'S LICENSE PROCESS. THE OFFICE OF THE SECRETARY OF TRANSPORTATION & THE OFFICE OF MANAGEMENT & BUDGET HAVE APPROVED THIS REGULATORY NEGOTIATION. THE FHWA CONTRACTED TO HIRE A FACITIATOR FOR THE DEPARTMENT'S NEGOTIATED RULEMAKING PROCESS. WE EXPECT TO COMPLETE THE NEGOTIATION PROCESS & TO DRAFT AN NPRM BY LATE 1997. THE FHWA REQUESTS THAT THESE RECOMMENDATIONS REMAIN CLASSIED AS "OPEN ACCEPTABLE."

From: NTSB
To: FHWA
Date: 4/29/1996
Response: THE BOARD UNDERSTANDS THAT CURRENT FHWA RULEMAKING ACTIVITIE INCLUDE NPRM ON A PROPOSED NEW MEDICAL EXAMINATION FORM & ACCOMPANYING PROCEDURES FOR DRIVER MEDICAL EXAMINATION. ADDITIONALLY, THE PROPOSED FORM INCLUDES A CERTIFYING STATEMENT BY THE DRIVER THAT THE MEDICAL INFO PROVIDED IS BOTH ACCURATE & COMPLETE. PENDING THE ACTURAL REVISION OF SECTION 391.43 OF THE FMCSR TO MEET THE INTENT OF THIS RECOMMENDATION, H-89-31 WILL BE CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: FHWA
To: NTSB
Date: 11/30/1995
Response: CURRENT FHWA RULEMAKING ACTIVITIES INCLUDE A NPRM ON A PROPOSED NEW MEDICAL EXAMINATION FORM & ACCOMPANYING PROCEDURES FOR DRIVER MEDICAL EXAMINATION. THE PROPOSED FORM INCLUDES A CERTIFYING STATEMENT BY THE DRIVER THAT THE MEDICAL INFO PROVIDED IS BOTH ACCURATE & COMPLETE.

From: NTSB
To: FHWA
Date: 1/6/1993
Response: THE SAFETY BOARD UNDERSTANDS THAT THE FHWA WILL PUBLISH A NOTICE IN THE FEDERAL REGISTER CONCERNING DRIVER PHYSICAL/MEDICAL REQUIREMENTS. WE WOULD APPRECIATE RECEIVING PROGRESS REPORTS ON THE FHWA'S EFFORTS TO IMPROVE THE MEDICAL EXAMINATION FORM. PENDING FURTHER RESPONSE, SAFETY RECOMMENDATION H-89-31 HAS BEEN CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: FHWA
To: NTSB
Date: 9/28/1992
Response: FHWA INTENDS TO PUBLISH A NOTICE IN THE FEDERAL REGISTER REGARDING DRIVE PHYSICAL/MEDICAL REQUIREMENTS ADDRESSING, BUT NOT LIMITED TO THE BOARD'S RECOMMENDATION. FHWA IS INTERESTED IN SIMPLIFICATION AND IMPROVEMENT OF THE EFFECTIVENESS OF THE EXAMINATION FORM AND WHETHER THE FORM SHOULD BE REVIEWED AND RETAINED BY THE EMPLOYER. THE FHWA REQUESTS THAT THIS RECOMMENDATION BE CLASSIFIED "OPEN--ACCEPTABLE ACTION."

From: NTSB
To: FHWA
Date: 7/18/1990
Response:

From: FHWA
To: NTSB
Date: 5/7/1990
Response: THE FHWA INTENDS TO PUBLISH EARLY IN JUNE A NOTICE IN THE FEDERAL REGISTER REGARDING DRIVER PHYSICAL/MEDICAL REQUIRE MENTS ADDRESSING, BUT NOT LIMITED TO THE NTSB'S RECOMMENDA TION.

From: NTSB
To: FHWA
Date: 4/12/1990
Response: