So if maybe a new application just for those types of disabilities, but also just a concern of there's really no one hired -- the functional assessment that's done at Moss Rehab is about physical disabilities and they're not trained in people with cognitive disabilities.
Thank you. From SEPTA I'd like someone to speak on the sensitivity training that your employees receive and how extensive it is.
When a new employee comes -- I'm sorry. Frances Jones, Assistant General Manager, Government Affairs at SEPTA. When a new employee comes 122 10/22/07 - TRANSPORTATION - RES. 070084, ETC. aboard at SEPTA, they are given extensive training around customer service, around how to deal with the disabled community. And so it is extensive, it's involved. They're taken through a process of how to deal with each aspect of a bus or whatever vehicle that they are driving as to how to deal with the disabled community. In addition, they're given sensitivity training in the interaction with the disabled community. Then when there is an infraction that is reported and a complaint or an infraction is reported, then there is retraining that also occurs around that specific issue. So we are very, very sensitive to the issues of the disabled community and the impact as to what we do has on each aspect of that community.
Okay. I recall earlier in the testimony there was something about drivers smoking.
Yes. I did hear 123 10/22/07 - TRANSPORTATION - RES. 070084, ETC. that, and we did make note of that also. That will be dealt with. We did get the information on the bus route, so that will be addressed with our bus transportation.
Tell me, what is the length of time while they're in training that is spent on the sensitivity dealing with disabled people?
It's integrated into their general overall training. It's not -- I don't know that there's a specific amount of time that is relegated to it, but it's a part of our overall training for our operators when they come on board at SEPTA.
After repeated offenses, what happens to the employee?
We have what we call a progressive discipline process, and it depends upon the infraction that occurs the discipline that is relegated to that respective infraction. So it 124 10/22/07 - TRANSPORTATION - RES. 070084, ETC. depends upon what is going on or what the infraction is, the progressive discipline process.
Ultimately a driver can be terminated, but it is, as I said, it is a progressive process.
Most certainly. Prior to ultimate, which is the termination, there is probably more a verbal warning and then probably a written warning and then perhaps a suspension and then, as I said, the ultimate is termination. But I don't know exactly what the procedure is, but it is progressive.
I would also like to respond to the issue around the assessment through our providers around 125 10/22/07 - TRANSPORTATION - RES. 070084, ETC. the cognitive disabilities, just to set the record straight.
Also not to step on Frances' toes, but the progressive discipline process at SEPTA starts with -- any infraction whatsoever that requires discipline for a driver starts with a verbal warning, then a written warning, then a one-day suspension, a three-day suspension, a five and a final, and then depending upon the union contract, there might be something in between the five and a final and a discharge. But that's generally --
Final warning. But that generally is the progression of progressive discipline at SEPTA.
Okay. 126 10/22/07 - TRANSPORTATION - RES. 070084, ETC.
In terms of the cognitive -- people that apply for CCT Connect paratransit service and the cognitive disabilities, within the application process there is a section 7 for people to give us information if they have cognitive disabilities versus physical. Let me just digress one minute and say that the application, the ADA application, as we speak right now is being reshaped. We are putting together a new application, and in putting together that application, we have reached out to the mental health and the mental retardation agencies, not only in Philadelphia but in the outlying counties, PCA and our other stakeholders in this. We're running that application by them to get their input. But even so, the application today does absolutely contain information that we need for people with cognitive disabilities. Most of the people that 127 10/22/07 - TRANSPORTATION - RES. 070084, ETC. apply to SEPTA for paratransit with cognitive disabilities are sent on a functional assessment. The private contractors that do our functional assessments have people on staff who are skilled in determining people -- at assessing people with cognitive disabilities. What they do is, they give them what is known as the Facts test, F-A-C-T-S. It's a nationally developed test that scores people with cognitive disabilities, gives them a score of what they can and cannot do. Can they function, how well can they function. To be perfectly honest with you, most, upwards of 90 percent, of the people with cognitive disabilities who apply for our service get paratransit. You have to score very, very high on the Facts test, and, quite frankly, most of the people who apply to us don't. Now, we are going forward this year to dovetail that with a travel training effort at SEPTA, and we're going 128 10/22/07 - TRANSPORTATION - RES. 070084, ETC. to hire a third-party consultant to take some of the people who have scored high on the Facts test and to see if we can help them through travel training to be able to use regular fixed-route service.
Now we're going to hear testimony on 070212, which is the resolution authorizing City Council's Committee on Transportation and Public Utilities to determine the safety of our public school children who are transported to and from school in school buses and equipped with seat belt restraints; and to determine whether there are not immediate alternatives available for the protection of our children when riding school buses; and to determine the means, methods and criterion used by the Philadelphia School Reform Commission to ensure the safety of children transported to and from school 129 10/22/07 - TRANSPORTATION - RES. 070084, ETC. under their supervision. Is anyone here for that?
Good morning. CAPTAIN MURPHY: Good morning, Madam Chairwoman, Councilpersons and guests. Thank you for inviting me to speak today. My name is Michael Murphy and I'm the Captain of the Accident Investigation Division. After investigating many school bus accidents over the years, it was always a wonder why seat belts were never mandatory. Though no harm is acceptable, it is fortunate that most of these accidents involve superficial injuries, many of which can be attributed to the construction of the high backing of the seats themselves. Of course, most of these types of injuries would occur during low-speed crashes. High-speed crashes are very 130 10/22/07 - TRANSPORTATION - RES. 070084, ETC. different. When passengers are flying out of their seats and around in the vehicle, the construction of the seats, which include high-edged seats with no 6 borders, become an item of danger and injury. The purpose of the seat belt in an automobile is to keep the passenger and the driver in a stationary position and not leaving the sitting position. Planes and automobiles have restraint systems. Automobiles not only have seat belts, but require special seats and restraints for children under a certain age and size. Since school buses carry one of our most precious assets, our children, it's surprising that some type of safety belt system has not already been required. For all of the above reasons, it is the opinion of the Philadelphia Police Department's Accident Investigation Division that seat belts would reduce injuries or downgrade the 131 10/22/07 - TRANSPORTATION - RES. 070084, ETC. seriousness of injuries received. Thank you. I'm available for questions.
Tell me this: I firmly believe children need seat belts, but let me ask, what is your personal opinion about it? CAPTAIN MURPHY: My personal opinion is the same opinion that I've given you. While school buses, the big yellow school buses, are extremely safe, I believe, as well as my colleagues in Accident Investigation, that if you can prevent injuries by wearing a safety belt, then it's a good thing to prevent the injuries.
I just think that children are really in danger without some kind of restraint, because you never know what's going to happen in a bus as far as an accident, nor what can hit it, and children cannot anticipate, like an adult might see something coming, and would not know how to brace or 132 10/22/07 - TRANSPORTATION - RES. 070084, ETC. protect theirselves. I just don't know why after all this time nothing has been done about it. Now, I know that probably economically it could be very expensive, and I understand that, but no price is too great to pay where children's lives are concerned. CAPTAIN MURPHY: I agree.
I've seen a lot of times where accidents almost happen and I've seen the bus driver have to hit the brakes all of the sudden and a couple times I've seen children knocked out of their seats. It wasn't an accident, but just by putting the brakes. But had they had restraints on them, they wouldn't have been out of the seats. They wouldn't have been knocked out of the seats. I just don't understand how it ever got to this point where they don't have these. So what I'm concerned about here would be what would be your idea of 133 10/22/07 - TRANSPORTATION - RES. 070084, ETC. the best way to try to deal with the situation? CAPTAIN MURPHY: My personal opinion would be to have some type of -- not just a lap belt, but a system designed to hold the child in place, the upper torso as well as keeping the child in the seat. Unfortunately, studies have shown that if you have just a lap belt, there's a possibility of causing more injuries just because it's a lap belt. I think the last study done by the National Highway Traffic Safety Administration indicates that they are again looking into the use of seat belts. At this point, they don't require them on school buses.
Do you know of any county or city that has the type of belt that you think is needed? CAPTAIN MURPHY: No, I don't. I'm really not an expert on school buses and the safety requirements of school buses. I know certain school buses, the 134 10/22/07 - TRANSPORTATION - RES. 070084, ETC. smaller ones have to have restraints and the larger ones do not. Certain school buses for handicapped and below-age school children require certain types of restraints also, but the average school bus does not.
Madam Chair, if I could, yes. Sir, what interaction, if any, do you know, have you or the Police Department had with the School District and/or the School Reform Commission on this question? Do you know? Have they reached out to you at all? Because Accident Investigation seems to be a reasonable place to ask about this kind of subject. Have they ever asked, that you know of? CAPTAIN MURPHY: No. 24
They've never asked? Okay. 135 10/22/07 - TRANSPORTATION - RES. 070084, ETC. To the best of your knowledge, has the Police Department ever made a recommendation on this issue to the School District, that you know of? CAPTAIN MURPHY: Not that I'm aware of, no. 8
At a previous hearing, the School District -- and I believe it was the School District that said this -- one of their concerns was that when you -- you have a big bus, 35 kids or something in it and they're all restrained, that it causes a problem when there is an accident in getting them off the bus. Do you have a comment on that? Did you ever consider that? I'm not saying I agree with their statement. I'm just wondering, because I remember that pretty specifically being said at a previous hearing. CAPTAIN MURPHY: I wouldn't doubt that it could be a problem. I would just wonder what additional 136 10/22/07 - TRANSPORTATION - RES. 070084, ETC. problems you would have in the type of crash that they're referring to if the children weren't restrained properly.
I agree with you. It seems like particularly children are even less likely to not be sitting in a safe manner on a bus. Most people would sit -- most adults sit somewhat straight or whatever. Kids, they might be half standing up, they may be leaning over to talk to their friends in the back. So it would seem to me they're more susceptible to injury if that bus gets in an accident. Would you agree with that? CAPTAIN MURPHY: I would agree with it, yes.
Okay. It sounds like they agree with us, Madam Chair. Thank you.
Thank you very much. CAPTAIN MURPHY: You're welcome. 137 10/22/07 - TRANSPORTATION - RES. 070084, ETC.
We have other written testimony that will be submitted for the record. As of now, the Committee on Transportation and Public Utilities is recessed to the call of the Chair. (Committee on Transportation and Public Utilities adjourned at 12:50 p.m.) - - - 138 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 22, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)