http://ltap.colorado.edu/

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LOCAL TECHN ICAL ASS I STANCE PROGRAM

In This Issue

Farewell to LTAP Training Coordinator 2

Using GIS and Google Earth to Report Flood Damage to FEMA 3

New Construction Standard for Permit Required Confined Spaces 5

Other Uses for GIS 5

CO811 New Damage Prevention Liaisons 6

CO811 Working Together for Legislative Changes 6

Supercircular Requirements for Federally Funded Local Projects 7

2015 You Show Us Innovation Contest 8

CDL Update - Cell Phone Use, Learner’s Permit, Sleep Apnea, Medical Cards 9

LTAP Advisory Board Retirements 12

UNIVERSITY OF COLORADO BOULDER

....continued on page 5

New Construction StandardPERMIT REQUIRED CONFINED SPACES

Spring/Summer 2015

This past spring, Rule Engineering helped Colorado LTAP conduct Confined Space courses around the state. At that time, a new

Occupational Safety & Health Administration (OSHA) standard for construction confined spaces had not yet been released. On May 4, 2015, the Federal OSHA promulgated a new construction standard that was 20+ years in the making. One problem is the timing with which OSHA has mandated enforcement. Usually, after final rules are published in the Federal Register, the enforcement date is six months to a year plus. For example, the Hazard Communication Standard, now the Global Harmonization Standard (informally known as the Employee Right to Know), is on a three year roll-out with incremental steps for training and written program changes etc. However, this new Construction Permit Required Confined Spaces (PRCS) standard 1926.1201 is effective August 3, 2015. There are 5 key differences on how the Construction standard differs from the General Industry standard, and several areas where OSHA has clarified existing requirements. The new standard addresses more directly the needs of the construction industry. The five differences address the following topics:

Submitted by: George Wolff, CSP, Rule Engineering, Principal Safety & Health Manager

OSHA has released the long-

anticipated Confined Space

Standard for Construction

with an effective date of

August 3, 2015.

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VacantMgr of Technical Assistance and Customized Training

Becky MillerWebmaster

The Local Technical Assistance Program (LTAP) is sponsored by the Federal Highway Administration, the Colorado Department of Transportation, and the University of Colorado at Boulder to provide information on the latest transportation issues facing Colorado’s state and local governments.

For more information:Colorado LTAPUniversity of Colorado BoulderUCB 5613100 Marine St, A213Boulder, CO 80309

Office: (303) 735-3530Toll Free: (888) 848-LTAPFax: (303) 735-2968Email: cltap@colorado.eduWeb: http://ltap.colorado.edu

We Bid Adieu to Cassandra

After two years with the program, we are sad to say that the Training Coordinator, Cassandra Guild, resigned from Colorado LTAP on

June 30th. Cassie will be returning to Massachusetts to pursue a Master’s Degree in Elementary Education at a University in New England. This new challenge will allow her greater opportunity to develop and implement exciting educational programs for children. Her passion is incorporating hands-on learning and manipulative based educational resources for youngsters. Before joining LTAP, Cassie spent three years teaching youth and adult classes in Japan; where she was an instructor leading English language and American tradition courses at the elementary, junior high school, and adult level. We will miss her exuberance, and wish her the best in her future endeavors!

Best Wishes,

COLORADO LTAP

“ ,,

As of July, I am leaving Colorado LTAP to attend graduate school. I moved here two years ago to become the LTAP Training Coordinator. I stepped in to fill some big shoes after Lindsay left and I appreciate the help and patience I was shown by Renée and all the people who support and take part in the LTAP program. Though I am leaving Colorado, I will remember the beautiful mountains and the friendly people I met who make Colorado a great state. I will miss all the friends that I have made while here, and I hope we can meet again some day!

2 Assisting Local Road & Bridge Agencies for Over 30 Years

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Colorado LTAP Spring/Summer 2015 3

By: Lisa Harris, Kansas LTAP Communications Coordinator

Using GIS and Google Earth to Report Flood Damage to FEMA

Barton County saved hundreds of hours, thousands of dollars in hard copies, and was reimbursed a quarter of a million dollars.

....continued on page 6

John Remmert is a self-described “old guy.” A few years ago he would not have imagined himself using a GIS system to track road work,

maintenance-related receipts and other road and bridge documentation. But seeing geo-referencing and Google Earth in action, and using it himself, has changed all that. He’s a convert. Remmert is saving the county a lot of time and money as a result. When we asked Remmert to describe how these technologies are benefiting his county, he said “Wow... where to start?” (See the sidebar on page 5 for a few applications.) He said what really brought home the power of GIS, though, was using it to organize documentation for flood remediation in 2013.

Challenge: Managing and Tracking Paperwork After a period of particularly heavy rains and subsequent flooding, the county qualified for FEMA funds for clearing debris and repairing damage to roads, bridges and culverts. Remmert said FEMA is very careful about reimbursing expenses and requires substantial documentation, which FEMA also audits. Required documentation for each location runs the gamut from multiple photographs taken at different times, to invoices to time sheets. The “paper trail” must show that the damage was caused by the flood and that the repairs were actually made. Barton County had 50 different damaged locations, and staff needed to provide documentation for each of them. If they had submitted hard copies to FEMA, they would have “killed a forest,” said Remmert.

Solution: Geo-reference All the Documents and Create a Virtual Filing Cabinet

Instead, they used a computer to file, organize, and report geo-referenced documents. The county scanned, created or received all kinds of documents related to the repairs (showing conditions before and after flooding, and during and after repair) and “filed”

them electronically by the lat-long coordinates of the site. Then they could pull up a damaged site in Google Earth and see the physical location and all the files for that location, each of which could be clicked on to see a pop-up window with more detail. For example, when looking in Google Earth at the location of a damaged culvert that needed replacement and debris cleanup at NE 70, NE 30 Road, the names of picture files could be seen for the structure six months before the flood, the crew cleaning debris at the location, and after clean-up. You would also see invoice files for crane rental and the new culvert, a photo of the crane working at the site, and a photo of the finished work. To start creating the documentation, county personnel took photographs of each damaged location with a digital camera that also recorded its GIS coordinates. The photographs showed debris piled up, roads washed out, and structural damage. “When we dropped [the photos] into Google Earth, we could take a tour of the flood-damaged areas without getting into a truck,” Remmert said. Staff took photographs of the repair work under

Remmert at work at the County’s “file cabinet.”

way, as well. If a crane was rented to set a new culvert, they took a picture of the crane working at the job site. That came in handy when FEMA did their audit, and they could match it up against the invoice for the crane, which was also scanned and geo-coded to the location. When crews did work orders, Remmert tracked those and then marked locations that had been remediated. When the work was completed, the county photographed the location one last time, to document “after” conditions. Barton County had a lucky break in pulling together their “before” documentation due to the fact that, six months before, Kirkham and Michael had done a bridge survey of 50 percent of their bridges, and the survey included taking geo-located photos. This provided the County with electronic images of those bridges before they were damaged by the flood. The documentation came in handy for bridges on the federal aid system (FAS) too, Remmert said. “FEMA won’t pay for FAS bridges but we use the same documentation to submit to the state to get those fixed as well.” Barton County kept records for a township that sustained damages too. “It was really quite easy,” Remmert said, “and we’re a lot better set up for that kind of thing than the township.”

Benefits of Geo-referencing Files

“The time savings are phenomenal,” Remmert said. “Think about the filing aspect. You might have the documents for a structure in several locations—an electronic photo in one place, a hard copy photo in another, the plans in another. Then you start adding in the documentation for repairs—the hard copy invoices for structures, materials, cranes, more pictures... you could end up with 35 documents per location, when all is said and done.” Road and bridge documents can be filed any number of ways... by street number, 911 location, township location, bridge inventory number, etc., Remmert said. “Geo-coding the documents eliminates the guesswork and looking around. It’s all in one place by lat-long. It took me longer to photocopy time sheets than to assemble all the rest of the documents,” he said. “We could have scanned those, too, but we learned at a conference that FEMA prefers to see copies of the originals.”

FEMA Audit and Reaction

Remmert said FEMA wanted to monitor 10 percent of Barton County’s sites as part of a routine audit. A “site” for FEMA might be 3-4 locations in an area or along a particular road. The County’s Google Earth formatting benefited the FEMA audit process because FEMA is also Google Earth-based. When the auditor asked for supporting documentation, Remmert downloaded the spreadsheet of damages and the GIS-located documentation onto a zip drive which the auditor was able to open and use. The auditors didn’t have to look for an invoice to tie to a site; they just clicked on a site pop-up. FEMA has three categories for reimbursement: cleanup, remediation and emergency call out. Each could be separated out. At the FEMA close-out meeting, Remmert heard the state FEMA director tell a national FEMA rep who asked about documentation: “You have no idea how well this guy has this documented.” That was nice to hear, Remmert said, especially because using GIS had been, until recently, “a real stretch of technology for this old guy.” For more information, contact John Remmert at (620) 793-1816 or highwaydept@bartoncounty.org.

Reprinted with permission from the Winter 2015 issue of the Kansas LTAP Newsletter, a publication of the Kansas Local Technical Assistance Program (LTAP) at the Kansas University Transportation Center.

4 Assisting Local Road & Bridge Agencies for Over 30 Years

This map shows the location of a damaged bridge replaced with a railroad car bridge and the files associated with that remediation.

Other uses for GIS in Barton County

Ever since student intern Dylan Dreiling set up their simple GIS system a few years ago (a system that uses spreadsheets and Google FusionTables to display spreadsheet data in Google Earth), Barton County has been discovering more and more ways to use the technology. For example:

• If the County helps other communities with storm cleanup, they can track that work in the same way as their own work, by location. It’s easy to pull up the documentation whenever you need it, Remmert said.

• Remmert attended a recent LTAP workshop on crash analysis, and is planning to map five years of crashes and identify the County’s most hazardous intersections.

• The County can create an on-screen collage of any work that has been done in a given area in 4-5 years. Remmert said this is virtually impossible to pull together from historical files.

• The County uses GIS-based software to manage signs. They have 4,800 regulatory signs on 400 miles of blacktop. They also have old aerial photographs scanned; Remmert said that comes in handy if anyone claims there used to be a stop sign at an intersection years ago and it was taken down. You can go back to an aerial photo for that location and tell quite plainly that one was not there. Same for culverts, Remmert said.

• The public works department has taken over the County cemetery and will be adding curb and gutter. To design the placement, the crew viewed the cemetery in Google Earth on a smart board and they drew on it to indicate where the curb and gutter will go. Photographs of the headstones are also being geo-located, and that information is given to the mortuary to decrease the likelihood of someone being buried in the wrong plot. (This did happen at least once in Barton County.) All the information is networked with a GoPro tablet, in real time. “You don’t want the mortuary getting that information two days later, after the person is buried in the wrong plot,” Remmert said.

Remmert credits department head Dale Phillips with the advances they have made in using GIS for their operations. He said Phillips “is very much in tune with new technology and how it can be used to save time and money. We use it on a daily basis.”

• Provisions requiring coordinated activities when there are multiple employers at the worksite;

• Competent person requirements;• Continuous atmospheric monitoring requirements;• Continuous monitoring of engulfment hazards; and • Options for suspension of a permit instead of

cancellation. Also, several terms and clarifications have been added to the definitions for the construction rule. The new PRCS standard requirements include documentation of hazard analysis to determine the “potential” for having a PRCS while performing their duties on the job. There are specific definitions used and exemptions that must be determined for each operation. The instructor for LTAP cautioned, “a written program, definitions and training requirements are imposed in the new standard that vary slightly from the General Industry PRCS standard on which we based the LTAP training program presented last spring.” Staff at Rule Engineering recently participated in Sherman & Howard’s June 16th webinar, OSHA’s New Confined Spaces in Construction Standard. The following link provides access to a recording of the webinar, a copy of the presentation slides, and speaker

bios. The webinar training is about 1.25 hours long and provides an overview of the standard with the changes that are most pertinent to the public works trainees engaged in the LTAP courses last spring. http://shermanhoward.com/oshas-new-confined-spaces-in-construction-standard-webinar/

REMEMBER: Political subdivisions are not exposed to fines from OSHA, but they DO have the hazards in their workplace. From time to time they will hire contractors that must comply with this new standard, including a requirement as a “host employer” (political subdivision = owner) to provide contractors with information regarding the confined spaces in their workplace as defined in the standard. The Occupational Safety & Health Administration offers a series of informational fact sheets highlighting OSHA programs, policies or standards. Related compliance assistance materials are available on their Confined Spaces website. https://www.osha.gov/confinedspaces/index.html • Confined Spaces in Construction: Crawl Spaces

and Attics• Confined Spaces in Construction: Pits• Confined Spaces in Construction: Sewer Systems

New Construction Standard PERMIT REQUIRED CONFINED SPACES....continued from Page 1

Colorado LTAP Spring/Summer 2015 5

Working Together for Legislative Changes

One Call legislative efforts surrounding stakeholder accountability and enforcement continue to be hosted and facilitated by Colorado 811. A sub-committee has been formed to draft a Request For Proposal (RFP) in an effort to compare and contrast possible improvements for One Call legislation. Enforcement, one notification one membership and improved data damage reporting are key elements for this on-going effort. This stakeholder represented gathering is comprised of Colorado Public Utilities Commission, USDOT/PHMSA, Colorado 811, Comcast, Denver Water, Xcel Energy, Special Districts Association, Source Gas, Encana, Platte Canyon Water & Sanitation, Colorado Rural Electric Assoc., Colorado Contractors Association, CenturyLink, Colorado Counties Incorporated and Colorado Springs Utilities.

At this time, there is no draft legislation work in progress. The legislative committee goals are to gain consensus on these topics and moved forward as a coalition as opposed to past legislative methods utilized. While there are no formal meeting minutes available when the final RFP product is complete, it will be available through our many communications avenues.

Colorado 811 Hires Four Damage Prevention Liaisons

In the first part of 2015, Colorado 811 focused on preparing for the 2015 Dig Season by hiring four new Damage Prevention Liaisons. These Liaisons are regionally based throughout Colorado to support facility owners, excavators and contractor locators in the One Call process. The DP Liaisons completed an extensive six-week training at Colorado 811’s office in Golden. They are available for One Call Law presentations and classes, Web Ticket Entry training and local community awareness events.

The four territories consist of the Northern and Southern Western slope and the Northern and Southern Front Range. Please visit our website at www.co811.org to schedule a training class or presentation with one of our Damage Prevention Liaisons. You can also contact Marty Mead, Damage Prevention Director at mtmead@co811.org.

6 Assisting Local Road & Bridge Agencies for Over 30 Years

Federal 2 CFR Part 200 (“Supercircular” or “Omnicircular”) consolidates and expands on

guidance previously found in eight Federal Circulars regarding administrative requirements, cost principles, and audit requirements for Federal awards. Supercircular provides new requirements and procedural changes that affect numerous aspects of project management and delivery of projects by CDOT and its local agency partners. These requirements affect all projects initiated after December 26, 2014, and any project whose scope is modified after that date. The new requirements have significant implications for local projects that receive Federal funding. Failure to meet the requirements may jeopardize future Federal funding and leave a local agency with project expenses that are not reimbursable by FHWA or CDOT. CDOT is committed to working with and supporting local agencies to meet the requirements of the Supercircular, facilitate the successful delivery of Federally-funded local projects, and minimize the risk of local agencies incurring project costs that are not Federally reimbursable. The purpose of this Fact Sheet is to provide an initial overview of the new requirements and local agency responsibilities.

NEW AND EXPANDED REQUIREMENTS The most significant changes in the Federal requirements for local agency projects funded as CDOT subrecipients of Federal funds are in the following areas:

• Project Performance Period• Modifications to the Performance Period End Date• Contract Requirements• Risk Assessments of Sub-recipients• Project Closeout Requirements

In each of these areas, CDOT is working internally and with FHWA to develop procedures and guidance to meet the requirements and facilitate compliance on local agency projects. The following highlight the changes and how they affect Federally funded local agency projects.

Project Performance PeriodA start and end date must be established for each phase or portion of a phase as each project phase receives authorization. The start and end date need to account for the conditions of the project and should be developed collaboratively between the local agency, CDOT and FHWA. It is important that the performance period be realistic and allow adequate time to complete the work and meet the 90-day closeout requirements. Work that occurs outside the performance period or is invoiced after the 90-day closeout will not be eligible for Federal reimbursement.

Modifications to the Performance Period End DateChanges in scope or conditions beyond the local agency’s control may warrant a modification to the performance period end date. If circumstances arise that will impact the ability of the local agency to complete the work within the performance period, the local agency must initiate an end date modification process through CDOT for approval by FHWA. The local agency must establish a clear justification for the modification and propose a new end date in a timely manner to avoid putting Federal funding at risk for the project. Anticipating the potential for a modification request at least 60 days in advance allows the local agency to work with CDOT and FHWA to determine a reasonable modified end date.

Contract RequirementsCDOT is currently developing new IGA templates to reflect changes in Federal requirements. Existing IGAs will need to be modified to address the new requirements.

Risk Assessments of Sub-recipientsUnder the Supercircular Section 200.331, the pass through entity (CDOT) is required to evaluate each sub-recipient’s risk to determine the appropriate level of sub-recipient monitoring. CDOT is developing a risk assessment methodology to help identify areas of project, administrative and financial management strengths and limitations and to serve as the basis for monitoring and managing risk on local agency projects. CDOT will conduct a risk assessment for a local agency after a project is awarded and prior to signing an IGA.

Project Closeout RequirementsProjects need to be closed within 90 days of the project end date. During the 90-day closeout period, Form 950 is processed and final closure is set. Reconciliation of the revenue and project accounts and all pertinent documentation are completed. Supercircular stipulates that costs submitted after the 90-day closeout period are not eligible for Federal reimbursement.

CDOT and FHWA are working together to provide information on the Supercircular requirements to local agencies. FHWA is putting together an interactive, online training and CDOT is reaching out to regional planning organizations and local agencies to make them aware of the changes. For additional information, local agencies should call their primary CDOT contact, the Region Local Agency Coordinator or the Region Planner; or they can contact Steve Markovetz, Local Agency Area Engineer at CDOT Headquarters (303-757-9391).

Colorado LTAP Spring/Summer 2015 7

LOCAL AGENCY FACT SHEETSupercircular Requirements for Federally Funded Local Projects

what is the best idea or invention implemented at your agency?

There are not enough transportation dollars to maintain our local government systems to the desired level of service.  The costs for repairs and improvements are increasing while available finances are actually decreasing.  Solving these problems requires efficient use of existing funds and materials, along with the application of cost reducing and innovative techniques.

WE WANT TO KNOW WHAT CREATIVE THINGS YOU’RE DOING

This is your opportunity to showcase something that has worked and of which you are proud. In prior contests, entries have been related to cost saving, safety, and operational efficiency improvements. Share what you’ve learned with your counterparts across Colorado, the nation, and even the world!

We are pleased to announce the 2015 “You Show Us” contest! In it’s 20th year, the concept began in 1994 with the FHWA “Show Us How” contest.

ALL ENTRIES MUST BE RECEIVED BY AUGUST 31, 2015Entries should be no longer than 2 pages and must address the following:

1. Project Title, Agency, Contact Person, Address, Phone, Email2. Problem Statement3. Discussion of Solution4. Labor, Equipment, and Materials Used5. Total Cost6. Savings and Benefits to Agency (monetary and/or safety)

PHOTOS ARE STRONGLY ENCOURAGED

We encourage you to enter the “You Show Us” contest as a profitable way to share your innovative ideas with others that may benefit from your concept. It’s a good way for you and your crew to get some well earned recognition for your efforts! The contest is open to all government agencies in Colorado. The winner of the Colorado contest will compete with the winning entries from LTAP North Central Region states to determine a Regional winner. Entries may be submitted by mail or email. If emailing - please attache photos separate from your text file. All participating Colorado agencies will receive a certificate of participation and the winning entry will be highlighted in our Newsletter. Let us know if you need help putting your entry together!

contest requirements

win a travel stipend!Colorado LTAP offers a travel stipend for two employees to represent their state winning project at the 2015 Local Road Advisors’ Conference. The state and regional awards are presented at this conference, to be held in Rapid City, South Dakota, October 21-22, 2015.

2015 You Show Us Contest2014 Colorado State Winner

Arapahoe County Milling Scoop

8 Assisting Local Road & Bridge Agencies for Over 30 Years

By John Baker, APWA West Slope Chair and Renée Railsback, LTAP and AWPA Board Director

2015 CO Department of Revenue Commercial Driver’s License Update CELL PHONE USE, CDL LEARNER’S PERMIT, SLEEP APNEA, MEDICAL CARDS

Steven Monson, Colorado Commercial Driver’s License (CDL) Program Manager, presented at the APWA Spring Street Conference in April on some of the changes and updated requirements regulating CDL drivers. The following are highlights of the CDL regulations, upcoming CDL compliance deadlines, and some important reminders from Steve’s program.

MOBILE PHONE RESTRICTION RULEAs of January 3, 2015, states must begin enforcing the mobile phone prohibition/restriction final rule. Federal regulation prohibits all texting, checking voice/e-mail or any type of hands-on use of a cell phone while in a Commercial Motor Vehicle (CMV). This rulemaking restricts a CMV driver from holding a mobile device to make a call, or dialing by pressing more than a single button. A cell phone can be used if it is hands free and the driver is only required to punch one button.

The definition of using a mobile telephone means: • Using at least one hand to hold a mobile phone to make a

call; • Dialing a mobile phone by pressing more than a single

button; or • Reaching for a mobile phone in a manner that requires

a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt.

A conviction is a serious offense and can lead to a CDL disqualification. A conviction for texting in a CMV = 1 point and a $57.00 fine. A conviction for cell phone use in a CMV = 0 points and $67.00 fine. More importantly, fines could reach as high as $2,750 for drivers; and an employer can be fined up to $11,000 if one of their employees is convicted.

Compliance can be achieved by implementing the following best practices. • Make sure the mobile telephone is within close enough

proximity that it is operable while the driver is restrained by properly installed and adjusted seat belts.

• Use an earpiece or the speaker phone function.• Use voice-activated dialing.• Use the hands-free feature. To comply, a driver must have

his or her mobile telephone located where he or she is able to initiate, answer, or terminate a call by touching a single button. The driver must be in the seated driving position and properly restrained by a seat belt. Drivers are not in compliance if they unsafely reach for a mobile phone, even if they intend to use the hands-free function.

A Mobile Phone Rule Fact Sheet is available online at http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Mobile_Phone_Rule_Fact_Sheet.pdf.

TOP 5 CDL RULES & REGULATIONS FOR 2015:

1) January 3, 2015 – States must begin enforcing the mobile phone prohibition/restriction f inal rule. The FMCSA rule restricts the use of all hand-held mobile devices by drivers of commercial motor vehicles.

2) January 30, 2015 – States must begin enforcing the regulation that paper copies of the Medical Examiner’s Certif icate are only valid for the f irst 15 days af ter their issuance. As of this date, State driver licensing of f ices will be adding medical self-certif ication status and the information on the medical examiner’s certif icate to the Commercial Driver’s License Information System record.

3) July 8, 2015 – States must start enforcing all provisions of the Commercial Driver’s License Testing and Commercial Learner’s Permit Standards f inal rule.

4) July 8, 2015 – States must implement Commercial Driver’s License Information System 5.3 into production no later than this date.

5) September 30, 2015 – States must be in compliance with all CDL requirements (MAP-21, Section 32305). The MAP-21 stipulations are aimed at state agencies’ notif ications and record-keeping of testing, licensing, violations, convictions and disqualif ications.

Colorado LTAP Spring/Summer 2015 9

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CDL PERMIT RULES AND STANDARDSEffective July 8, 2015, States must start enforcing all provisions of the Commercial Driver’s License Testing and Commercial Learner’s Permit Standards final rule. This rule changes many processes with the CDL Learners Permit (CLP), CDL, and Driver License procedures.

The CLP must be held for 14 days before the skills test can be taken. The CLP is only valid for 180 days from issuance. It can be renewed one (1) time for an additional 180 days from issuance without any testing. Re-testing is required after the 1st renewal.

The CLP can only have the P, S or N endorsement on it. A CLP with a P or S endorsement is restricted from carrying any passengers; and a CLP with the N (Tank) endorsement is restricted from carrying any liquid. The CLP/CDL will no longer show a P1 or P2 endorsement. Class B CLP/CDL’s will have the M restriction (No Class A Passenger Vehicle) placed on it. Class C CLP/CDL’s will have the N restriction (No Class B or A Vehicle) placed on it.

For a Class A CDL skills test where the test was taken in anything but a tractor, those CDL’s will have the “O” No Tractor Trailer Restriction placed on it. Skills tests taken in a vehicle that has air over hydraulic brakes will have the “Z” No Full Air Brake restriction placed on it. Skills tests taken in a CMV with an automatic transmission will have the “E” No Manual Transmission restriction placed on it. The purchase of a CLP and a full skills test will be required to remove any of these 3 restrictions.

OBSTRUCTIVE SLEEP APNEA UPDATEIn January, the Federal Motor Carrier Safety Administration (FMCSA) issued a Bulletin to medical examiners and training organizations regarding obstructive sleep apnea (OSA). The purpose of the bulletin was to remind healthcare professionals on FMCSA’s National Registry of Certified Medical Examiners of the current physical qualifications standard and advisory criteria concerning the respiratory system, specifically how the requirements apply to drivers that may have OSA.

The National Highway Traffic Safety Administration (NHTSA) conservatively estimates that 100,000 police-reported crashes are the direct result of driver fatigue each year. This results in an estimated 1,550 deaths, 71,000 injuries, and $12.5 billion in losses. (DrowsyDriving.org) The primary goal regarding sleep apnea is to identify drivers with moderate to severe OSA (defined as AHI of 15 or greater) in order to ensure those drivers are managing their condition to reduce the risk of drowsy driving.

The agency does not require that these drivers be considered unfit to continue their driving careers; only that they need to be evaluated for risk. In regard to identifying drivers with undiagnosed OSA, FMCSA’s regulations and advisory criteria do not include screening guidelines. It is the responsibility of the medical examiner to use his or her best judgment to certify that a driver is medically qualified to perform the functions of a professional truck driver. FMCSA relies on medical examiners to make driver qualifications based on their clinical observations, findings and standards of practice; and they should rely upon their medical training and expertise in determining whether a driver exhibits common symptoms or risk factors for OSA.

What You Can Do - An examiner may be at times justified in requiring additional testing to rule out OSA; but it is not a regulatory requirement to test every driver who exhibits a single risk factor. So work with your medical examiner to make sure they fully understand the correct intent of the regulations; and ask them to check with the FMCSA Medical Division (National Registry), not the organization that certified them.

The FMCSA Bulletin is accessible online for more details. It also mentions options for treatment such as weight loss and dental appliances (i.e. oral appliances) and is available at https://nationalregistry.fmcsa.dot.gov.

Image 1 shows the Endorsement field of the license showing the P (Passenger) Endorsement without the 1 or 2; and the Restriction field showing M “No Class A Bus” Restriction.

Image 2 shows the Restriction text field on the back of the license with the M Restriction for No Class A Bus.

10 Assisting Local Road & Bridge Agencies for Over 30 Years

DOT MEDICAL CARDS

In 2014, all CDL holders had to certify and have a valid DOT Medical Examiner Certificate on file with the DMV. The Medical Examiner Certificate is often referred to as your “medical card.” A copy of each new DOT medical card needs to be provided to the DMV prior to the expiration of your current medical card.

In January 2015, the DMV completed the 3rd milestone of their CDL/DOT Medical project; and the DMV is still sending out 500 notices a week for non-compliance issues.

• Effective January 30, 2015, CDL holders no longer need to carry their DOT medical card on their person when operating a CMV for more than 15 days after the date it was issued and certified by DMV.

• Effective January 30, 2015, employers can no longer place the DOT medical certificate in their employees’ driver qualification file. The employer must put a copy of the individuals Commercial Driver’s License Information System Motor Vehicle Record (CDLIS MVR) that has the individuals DOT information on it. [391.51(7)(ii)] To obtain a CDLIS MVR, call 303-205-5823.

• States must implement CDLIS 5.3 into production no later than July 8, 2015.

As a Reminder: Make sure the card is legible; if they cannot read it they cannot enter it. Place your contact information somewhere on the document so they can contact you if there is any problem with what you submitted. Do not submit the long form, they CAN NOT use it. They can only accept the DOT card.

Consequences for driver’s failure to keep medical certification current include: On the first day of expiration, the individual is no longer qualified to operate a CDL type CMV. On the 10th day of expiration, the driver’s medical certified status is changed to NOT certified, and a letter is mailed stating the individual is not allowed to drive a CMV. If the CDL holder is still not compliant by the 30th day, the DMV will cancel the individual’s entire license and the individual has no driving privileges. The driver then can only be in compliance by means of a new DOT medical card or a downgrade to a regular license. There is no reinstatement fee, and you do not need to re-qualify unless it has been over one year on either a cancellation or downgrade.

If you have a driver that is temporarily not medically qualified to hold a CDL and their DOT medical expires, the driver must downgrade to a regular license until they become medically qualified. The driver can get their CDL back without any testing (except hazmat) if done within one year of the downgrade. Licensing fees do apply.

Effective May 21, 2014, only medical professionals who are trained and certified by FMCSA may conduct DOT physicals. It is the employer’s responsibility to verify that a DOT medical that was performed after May 21, 2014 was done by a National Registry certified Medical Examiner. For more information regarding the registry, visit their website at: https://nationalregistry.fmcsa.dot.gov.

DOT medical cards can be mailed or faxed to the CDL unit or they can be presented to the state driver license office with or without a CDL being issued. In almost all cases the information will be entered in less than 24 hours. You have the following options to submit your DOT medical cards.• Fax: 303-205-5709• E-mail: dor_cdlunit@state.co.us• Mail: Colorado Department of Revenue

Attention: CDL UnitP.O. Box 173350Denver, CO 80217-3350

CDL CHANGES DOWN THE ROADAdditional upcoming changes to the CDL program include: • CDL Automated Knowledge Testing Kiosks (currently

in production)• New Temporary License, CLP and CDL (scheduled for

November 2015)• New Driver License System (scheduled for 2017)• Drug and Alcohol Testing Database - Final rule released

May 2014, FMCSA is reviewing comments. • Automated Employer Notification System – A

subscription service that would automatically alert the employer when something changes on an employee’s MVR. Waiting for FMCSA to release Notice of Proposed Rulemaking.

The Colorado CDL Unit has an extensive library of training presentations and can offer training to in-service meetings, safety meetings, etc. For more information please Email Steven Monson at steven.monson@state.co.us.

Colorado statute 42-2-235 and rule 8 CCR 1507-1 require all CDL holders be medically qualified to drive a CMV by the means of a valid DOT medical, medical waiver or Skills Performance Evaluation (SPE). All Colorado CDL holders must demonstrate they are medically fit to operate a CMV by undergoing a DOT physical. In 2009, the FMCSA passed rule making that tied the DOT medical to the CDL and passed enforcement of expired or improper DOT medicals over to the Colorado Department of Revenue Division of Motor Vehicle (DMV). All CDL holders needed to be in full compliance by January 30, 2014.

Colorado LTAP Spring/Summer 2015 11

Nonprofit Org.U.S. Postage

PAIDBoulder, CO

Permit No. 156

LOCAL TECHN ICAL ASS I STANCE PROGRAM

University of Colorado BoulderUCB 5613100 Marine St, A213Boulder, CO 80309-0561

Colorado LTAP would like to express a great debt of gratitude to a few of LTAP’s Advisory Board members that recently announced their retirements. Their contributions to the betterment of Colorado’s transportation infrastructure will be greatly missed.

June 27 - Rick Santos, LTAP’s FHWA ManagerJuly 1 - Connie Edelen, Arapahoe CountyAugust 7 - John Polhemus, Summit County

Congratulations on your retirement!

LTAP Advisory Board Positions Available

In September 1986, the Colorado LTAP Advisory Board was established to provide direction to the Center’s staff, assist as a resource for developing training/special projects, and to provide insight into the needs of local transportation agencies. The LTAP Advisory Board is composed of transportation specialists throughout the state. Meeting-luncheons are held quarterly around the state, and although Advisory Board members are not paid for their participation, they are reimbursed for expenses related to attending meetings.

LTAP continues to grow and expand, always exploring new ideas to better serve Colorado’s transportation community. We’re looking for new members willing to share their experiences and ideas about what works well and what does not - to help develop our program into a real asset. We’re always looking for more City/Town representation. Interested parties should submit a letter outlining their qualifications and reasons for wanting to serve as a board member to LTAP by September 30, 2015.

JP Throws for Gold!

LTAP Advisory Board member, John (JP) Polhemus of Summit County, partnered with LTAP Director, Renée Railsback, in the 2015 APWA Street Conference Horseshoe Tournament in Grand Junction. Although the pair placed 3rd in 2014, the duo did not reach the podium this year. Horseshoe throwing expertise is NOT a requirement to apply for the open board positions!

Farewell to Some Great LTAP Contributors

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