Personal Responsibility and Pride in Service

Renee E. Taylor

October 24, 2006

On October 16, 2006, the Boston Globe published an article by Farah Stockman titled “US Contractors in Iraq Face Peril, Neglect”. Stockman cites in the article as her sources Cindy Morgan, former reefer driver in Iraq and author of the book “Cindy in Iraq”; Jana Crowder, owner of www.americancontractorsiniraq.com; as well as drivers who have been injured while driving in Iraq. Each states that there is no support system in place for drivers who have been injured in Iraq or suffer from “post traumatic stress disorder” or PTSD – a common claim from some returning contractors.

Kellogg, Brown and Root is a private company whose experience with working on military contracts dates back to World War Two, building the Corpus Christi, Texas, Naval Air Station, as well as a series of warships for the US Navy. KBR is not the military, nor should anyone attending orientation and reading the extensive documentation and employee information come away with that assumption. While the military has a structured system for dealing with war time injuries and mental illness, the same can be said of KBR, if one reads the information received at orientation.

KBR policy regarding sick time is noted in the Theater Transportation Mission Manual, dated July 2003, and given to each truck driver in theater, is as follows:

It is essential that any work related injury be reported and tracked through the In Country Safety Department who will co-ordinate with the Houston Support Office Health/Safety Environmental Manager because of the complexities of the rules that govern reporting and tracking of work related injuries and associated compensation. The Houston Office handles compensation claims under the Defense Base Act Insurance.

The injured worker must be unable to earn employee's full usual pay for at least three days as a result of the injury before being entitled to DBA Insurance compensation.

If the injured worker returns to full work at any time up to seventy two hours from the time the injury was incurred, the DBA coverage provided is for medical services and supplies only, unless a permanent, partial disability results. Therefore, the days of work missed during that seventy two hours may be paid at eight hours per day for sick leave provided the employee has earned sick leave as identified in the sick leave paragraph above.

If the disability last more than seven days, then the DBA compensation is paid from the first day of disability. This disability is compensated at 66 2/3 of the employee's average weekly wage prior to the injury, subject to a weekly maximum.

Once KBR is made aware of the incident or illness, a claim is filed with the Defense Base Act insurance carrier, AIG, on the employee’s behalf. It is AIG’s, not KBR’s, responsibility to determine compensability and administer all aspects of the claim. Any unresolved disputes are referred to the US Department of Labor.

Additionally, KBR employees have access to services from the company’s Employee Assistance Program (EAP). This information is given to each employee in their employee information during orientation. This information is also posted in every office in theater. The program is available to employees and family members via telephone – including special phone lines set up in the Iraq theater of operations and the Internet.

PTSD is a mental health diagnosis that meets the American Psychiatric Association’s DSM-IV criteria. Current and former employees, according to KBR’s statement to National Public Radio on May 25, 2006, seeking care for PTSD may make a claim under the provisions of the Defense Base Act (DBA). Determining the compensability of those claims is solely the responsibility of the US Department of Labor, which administers the DBA program. For those employees who do not meet the DSM-IV criteria for PTSD, employees may easily access counseling resources through the above mentioned EAP program, which was established in 1980. For situations beyond what the EAP handles, the employee has access to his or her private insurance. For former employees, there is the option of maintaining COBRA coverage after separation from KBR. However, it is up to the individual employee to continue and pay for such coverage.

In the cases where an employee or former employee disputes the discontinuation of insurance benefits or lack thereof, the American court system is in place. One only needs to locate an attorney willing to take a workman’s compensation claim on a contingency basis. There are also some, such as Gary Pitts who is mentioned in the Boston Globe article, that specialize in DBA claims.

It is clear that the claims of lack of a support system made by Stockman in her article are unsubstantiated. As with any company and insurer, KBR has in place a detailed, clear system for its employees and former employees. It is up to the individual, however, to read the material and be familiar with it.

Another aspect that Stockman apparently failed to acknowledge in her article is the Federal Motor Carrier Safety Administration (FMCSA). All CDL holders seeking employment from a trucking company and the companies themselves are subject to the strict rules and regulations set forth by the FMCSA. As the Boston Globe articles states, former KBR truck driver, David Meredith “cannot drive a truck because of the medication he takes for PTSD”. According to the FMCSA’s safety regulations, Section 391.41 (b) (9), there are restrictions put upon drivers who are suffering from various mental conditions. Additionally, the side effects of the medications one is on for such conditions is to be taken into consideration. According to Ms. Stockman in a telephone call on October 24, 2006, she did not research the possibility that Mr. Meredith’s inability to obtain employment as a truck driver was due to FMCSA regulations. At this point, it would no longer be a KBR or DBA insurance issue. It would be an issue of finding another line of work. It is common in the trucking industry for drivers to be diagnosed with illnesses that force them to cease driving. However, if they are able to work in a different profession, than disability does not apply. This should also be the case here.

There is no dispute that the stress of war effects each and every man and woman in combat. There is also no dispute that Iraq became a “trucker’s war”, as insurgents targeted supply convoys on a regular basis. There has yet to be a case proven where the military did not perform their duties as escorts for our KBR truck drivers according to procedures, regardless of claims made in the Boston Globe article.

An obvious omission by Stockman and others writing about truckers with PTSD is the fact that the Federal Motor Carrier Safety Administration has the final say on who can drive a truck in the states. It is not KBR’s nor the DBA’s responsibility if a driver is deemed unable to obtain the necessary medical certification to operate an 80,000 pound vehicle on America’s highways.

With arbitration guidelines in place within the insurance and legal systems, one must wonder what type of “support” is being sought from KBR. It is not the responsibility of any employer to provide an employee with financial assistance beyond what workman’s compensation issues. As stated above, if an employee disputes the discontinuation of benefits, he or she can enter the legal system. It is also not the responsibility of KBR to continue to provide benefits for a former employee who no longer meets the qualifications of the Federal Motor Carrier Safety Administration.

It has become obvious in the media that research and fact checking is not as important as the “human interest” side of a story. If one is going to write about the trucking industry, than the Federal Motor Carrier Safety Administration Regulations are a necessary part of the fact checking process. Ms. Stockman acknowledged in a recent phone call she had not considered this in her story. It was an issue of “non-support” for contractors.

According to Ms. Stockman, stories about drivers with no “bad experience” from KBR are not “newsworthy”. What constitutes a “bad experience”? A majority of drivers faced the possibility of death at every turn. They watched as their friends died in combat. Trucks destroyed, they continued on the mission, determined to fight another day and deliver the next load of mail, fuel and supplies. The men you do not hear about are the ones who came home to their families, got jobs and carried on with their lives. Memories haunt them and the effect of war is not lost. Knowing they did their job in Iraq well, they adjusted their lives. Some can no longer drive at night, some cannot drive at all. They improvise and overcome.

In World War Two, Private Ira Stanfield was seriously wounded at Okinawa. The only thing to keep him alive to return to his wife and small daughter was the body of a dead Japanese soldier. Stanfield was sent home, legs scarred and battered. Without expecting any more than the medical services provided by the Veteran’s Administration for his injuries, Stanfield did not sit back and feel sorry for himself. Having to learn to walk again, he determined to survive. In today’s climate, it would be expected that he whine to the media about his disability. However, Stanfield found work at a saw mill and eventually formed his own successful business. He saw three children through college. He knew the sacrifices he made were not in vain. It is with the same determination and self respect that his grandson, Convoy Commander Mark R. Taylor, Convoy Commander Paul Reed Convoy Commander Eric Whiting and countless other contractors went to Iraq and served. They have come home and offered their time to share their experiences with other drivers.

The question remains – what kind of support is expected? With the system in place for medical claims and issues, it cannot be that. With the Yahoo groups for contractors, various blogs and other outlets, the opportunity to talk with peers is available. There is a lot of discussion, but no attempt at a solution. Perhaps it is because the solution is personal responsibility and a little hard work. The fact remains that the media is using the American contractor in their anti-Halliburton, pre-election agenda. There are those who are media savvy, admitting that if they say the right words – whether true or not – they will be “part of the story”. But, their stories are filled only with complaints, finger pointing and no “solution to the problem”, which has yet to be identified.

The problem I see is not contractors suffering from PTSD, but media types with an agenda against Halliburton/KBR and those who will willingly or unwillingly be a pawn in the propaganda war. Complaining and demands for unnamed, unsubstantiated claims for “support” from Halliburton fit the agenda of the media. Courage in battle and mission successes do not. If our generation were like that of Pvt. Stanfield, willing to take responsibility and pride in service, there would be no “story”.

Renee Taylor is the wife of former KBR convoy commander, Mark R. Taylor, and runs a news/support group for contractors and civilians, groups.yahoo.com.groups/Uglypuppy and the website www.uglypuppy.net . A freelance writer, photographer and former truck driver, she has devoted her time to studying convoy operations and promoting the positive image of the American Trucker in Iraq. The Taylors live in South Arkansas.

Resources:

www.boston.com

www.halliburton.com

www.npr.org

Kellogg Brown and Root LOGCAP III Orientation Manual

Kellogg Brown and Root LOGCAP III Theater Transportation Mission Manual

www.fmcsa.dot.gov

Federal Motor Carrier Safety Administration Regulations Handbook

KBR Statement on Truck Drivers in Iraq

Stanfield Family History