(Comprehensive Safety Analysis)“What Drivers Need To Know”(Abbreviated Version) : (Comprehensive Safety Analysis)“What Drivers Need To Know”(Abbreviated Version) By
“Excellence in Safety Through Training and Education” CVSAS CSA 2010
What is CSA 2010 : CSA 2010 is the most dramatic change in DOT
Operations in decades. It is designed to identify bad
drivers and bad companies through increased
enforcement efforts on the part of State & Federal
Government.
The Program is designed to be proactive instead of
reactive and to identify any Problem drivers and
companies early and to deal With them using
various intervention techniques. What is CSA 2010
What is CSA 2010 : Currently the only methodology of identifying poor
carrier performance was through Compliance
Reviews (Audits). This was time intensive and
Difficult process with limited Resources.
FMCSA completes approximately 12,000
Compliance Reviews per year. There are over
725,000 Motor Carriers in the US and the number is
growing daily. What is CSA 2010
What is CSA 2010 : The new system will be able to track Motor
Carrier Safety Performance AND Driver Safety
Performance through roadside inspection results
and the information will be uploaded into the
MCMIS (Motor Carrier Management Information
System). DOT Ratings will be generated regularly
on a monthly basis versus the old system whereas
it would not be Updated until the next Compliance
Review under the old system. What is CSA 2010
The 4 Primary Components : DATA Collection
Safety Measurement
Safety Evaluation
Intervention The 4 Primary Components
DOT Rating System : DOT Rating System Under the old system Motor Carriers were able to operate with a Conditional or in some cases an Unsatisfactory Rating. Under the new rules they will face intervention up to potential SHUTDOWN for poor performance that is not corrected.
What does this mean to YOU as a driver? : Two factors play a role for now as far as having a
direct impact on applicability to CSA 2010.
They are:
Your drivers possess a Commercial Driver’s License (CDL)
Your Company has a US DOT Number
Although Non-CDL drivers of CMV’s 10,001 pounds to 26,000 pounds do not have a specific DSMS, the violations issued count towards the Motor Carrier’s Safety Profile (CSMS) What does this mean to YOU as a driver?
What are the implications? : CDL Drivers will be assessed points for violations “while operating a Commercial Motor Vehicle”
The points will be maintained on their FMCSA Safety Record through MCMIS
The record will NOT currently impact their CDL as there is no Current agreement with the State & Federal Government. The State that issued your license has the jurisdiction over same
Points however can be assessed by enforcement for moving violations currently under the State Code
Points WILL remain on their FMCSA Safety Record for 3 years (36 months) from the date of the conviction What are the implications?
Slide 9: Your driving record will be assessed and a new
rating issued each month. The information to
be assessed will be gathered from:
Vehicle Crashes and Incidents
Traffic Violations (citations issued)
Roadside Inspection Results and Violations Where does the information come from?
Who gets charged with points? : Motor Carrier who’s number you are operating under
Motor Carrier Safety Points will remain on Carrier’s Record for 2 years
The CDL Driver
CDL Driver Safety Points will remain on record for 3 years Who gets charged with points?
Examples of Points Driver will be assessed : Violation Points
Operating a CMV while fatigued 10
Violating 11, 14, 60/70 Hour Rule 7
No record of Duty Status 5
Stop Light Inoperative 6
N o commodity or load id on Log 2
Adjustable locking pins Improperly 7
locked, missing, defective (sliding tandem) Examples of Points Driver will be assessed
Examples of Points Driver will be assessed 2 : Violation Points
Brake hose chaffed, kinking 4
Driver Record of Duty Status NOT 5
Current
Glad Hands leaking air 4
Tires with flat spots 8
Inoperative “required lamp” license 6
Plate
Operating a CMV without a Seat Belt 7 Examples of Points Driver will be assessed 2
Examples of Points Driver will be assessed 3 : Violation Points
Failure to stop at a Railroad Crossing (Bus) 5
Failure to stop at a Railroad Crossing 5
(Placarded Vehicle)
Improper Lane Change 5
Following too Closely 5
Improper Passing 5
Failure to obey traffic control devices 5
Reckless Driving 10 Examples of Points Driver will be assessed 3
High Driver Value Violations : Ignoring an “Out of Service” Order
Driving while Fatigued, Ill or under the Influence of Drugs and/or Alcohol
Falsifying Record of Duty Status (Logs)
Violating 11 Hour, 14 Hour, 60 Hour or 70 Hour Rule
Driving a Commercial Motor vehicle as defined in 49CFR Part 383 while "disqualified” High Driver Value Violations
Serious Driver Violations : Serious Driver Violations
Serious Driver Violations : Serious Driver Violations
Serious Driver Violations : Serious Driver Violations
High (Risk) Value Vehicle Violations : Defective Tires
Suspension Defects
Steering System Defects
No Lights or Flags on Overhanging Loads
Cargo Not Properly Secured or Falling off Vehicle High (Risk) Value Vehicle Violations
Violation Severity Weighting : Safety Related Violations are assigned to the appropriate BASIC
The “value” is assigned to the violation in regards to crash experience accidents
Values are from 1-10 with 10 being the worst
Out of Service Violations will increase by 2
Crash events involving injuries or fatalities will increase by 2
Crash events involving Hazardous materials will be increased by an additional factor of 1 Violation Severity Weighting
Time Weighted Violations : Once violations are assessed to proper BASIC AND Severity Weight Rating is Determined time Weighted assessment must be determined
More Recent violations carry more significant concern than older time weighting Time Weighted Violations
Time Weighted Violations : 0-6 months will be assesses a value x 3
6-12 months will be assessed a factor x 2
12-36 months are factor x 1 Time Weighted Violations
Example : Falsified Log 7 Point value
Driver placed +2
“out of service”
Since new violation X3 (0-6 months)
Total Safety Point value
entered on Driver’s DSMS 27 Point
Value Example
Interventions and Investigations : If Companies are found exceeding acceptable
BASIC’s, Intervention will be executed. Depending
upon Carrier Records, the Intervention can include:
NO intervention necessary
Warning Letter
Focused On-Site Investigation
Notice of Violation
Comprehensive On-site Investigation Interventions and Investigations
Interventions and Investigations : SAFESTAT was not nearly effective as CSA.
SAFESTAT only resulted in Compliance Reviews of 2% of the Motor Carriers.
CSA will annually review 20% of Motor Carriers
CSA additionally deals with specific Motor Carriers who are identified as problematic or having deficient BASIC’s
CSA also identifies POOR performance by Motor Carriers and also specific Driver Issues or Concerns in a timely fashion Interventions and Investigations
Initial Phase of the Intervention Process : The initial phase of the intervention process is early contact, which includes:
Warning letters
Motor Carrier access to safety data and measurement information
Targeted roadside inspection Initial Phase of the Intervention Process
Investigations : Motor Carriers may also be subject to investigations which include:
(1) offsite investigation(2) onsite focused investigation(3) onsite comprehensive investigation Investigations
Notices : CSA 2010 is designed for more follow-up on investigations. Motor Carriers should be able to demonstrate a comprehensive safety plan in order to avoid:
Notice of violation (NOV)
Notice of claim (NOC)
Settlement agreement. Notices
Compliance Review Process vs CSA : There are several important areas that
Differentiate CSA 2010 interventions
From FMCSA’s Compliance Review (CR)
Process.
CSA provides a set of tools and resources to address a Motor Carriers’ safety problems; the CR is a one-size-fits all tool.
Compliance Reviews were time intensive and exhaustive while CSA provides timely identification of Poor Motor Carrier performance and Poor Driver Performance Compliance Review Process vs CSA
Compliance Review Process vs CSA : CSA Interventions provide the ability to focus on specific Motor Carrier and Driver Issues and Safety Concerns while the CR requires a broad examination and analysis of the Motor Carrier.
CSA Interventions focus on improving Carrier and Driver behaviors that are linked to crash risk while Compliance Reviews are focused on broad compliance based issues by identification of acute/critical violations. Compliance Review Process vs CSA
Compliance Review Process vs CSA : CSA Onsite Investigations and Offsite Investigations are much less resource intensive and less exhaustive from a time perspective for the Motor Carrier while Compliance Reviews (CR’s) are resource intensive very time consuming.
CSA Investigations can take place at a Motor Carrier’s place of business or they can take place offsite. CRs are almost always conducted onsite Compliance Review Process vs CSA
What are targeted roadside inspections? : FMCSA provides roadside inspectors with data that identifies a carrier's specific compliance problems, by BASIC. This Data is based on the motor carrier's SMS results.
Targeted roadside inspections occur at permanent and temporary roadside inspection locations. What are targeted roadside inspections?
What should a motor carrier do after receiving a warning letter? : Carriers do not need to respond in writing to FMCSA after receiving a warning letter.
FMCSA does encourage motor carriers to log in to SMS to examine their data. They should focus their attention first on the BASICs that are over or near the intervention threshold. What should a motor carrier do after receiving a warning letter?
What is a Warning Letter? : The warning letter provides motor carriers with early notification of potential safety performance issues.
Warning letters are based on roadside performance results collected during the previous 24 months.
The warning letter is sent to the motor carrier's principal place of business and specifically identifies "alerted" BASIC(s) and outlines possible consequences of continued compliance problems. What is a Warning Letter?
Slide 34: Carriers should consider doing all of the
following:
Ensure accuracy of data. Ensure that all the data listed is accurate and belongs to their US DOT Number. If data is incorrect, they can submit a data correction review request through the DataQs system.
Examine violation types. Examine the summary of the violations that are frequently occurring receiving and notice which violations occur most frequently, and those with the highest severity weights. These are two data points that should be prioritized to assist carriers to determine their next steps.
Slide 35: Conduct detailed data analysis.
Download violation data into an Excel spreadsheet for further analysis.
Sort the data by driver, date, location of inspection, vehicle id, vehicle type, and violation.
Analyze the data for any trends to determine the root cause(s) of any safety problem(s) and review with management team.
Slide 36: Address identified safety issues. Develop and execute strategies to improve compliance with safety regulations to prevent more intensive interventions.
FMCSA has developed tools and resources that may assist motor carriers with this process.
Periodically review SMS data. Review SMS data monthly to monitor progress.
Focused Compliance Review : FMCSA provides safety investigators with data that identifies a carrier's specific compliance problems, by BASIC, based on the motor carrier's SMS results.
Potential investigations include those on the following pages: Focused Compliance Review
Focused Compliance Review : The Focused Compliance Review (CR) takes place at the motor carrier's place of business. It enables FMCSA and State enforcement personnel to focus on safety problems demonstrated by the motor carrier without spending time and resources reviewing areas of the motor carrier's operations where no safety problems have been identified Focused Compliance Review
Focused Compliance Review : The Focused Compliance Review involves:
Reviewing records
Analyzing practices
Identifying violations
Taking appropriate follow-up actions on BASICs requiring investigation. Focused Compliance Review
Focused Compliance Review : The Focused CR narrows the safety investigator's focus from the full CR concept of determining an overall assessment of a motor carrier's entire operation towards addressing demonstrated roadside safety deficiencies identified by the SMS, as well as addressing serious violations documented during previous investigations. Focused Compliance Review
Compliance Review : The Compliance Review takes place at the carrier's place of business. It is used when the carrier exhibits broad and potentially complex safety problems through continually alerted BASICs, worsening multiple BASICs (three or more), or a fatal crash or a non-frivolous complaint.
Compliance Reviews focus on a motor carrier's safety management practices, operational performance, and regulatory compliance. Compliance Review
Driver Interventions : FMCSA does not currently plan on executing “Driver Interventions” individually
Driver Interventions would only be addressed during Motor Carrier Interventions
Will Drivers get Warning Letters?
No. Drivers with poor records will be addressed during “on-site” motor carrier interventions Driver Interventions
Interventions : Following Intervention, FMCSA may request the Motor Carrier to develop a Cooperative Safety Plan
The Plan shall be so designed to address any and all deficiencies that have been identified by CSA 2010
If FMCSA is not satisfied in the Motor Carriers commitment or actions to address deficiencies or Safety Issues, they can assess fines and penalties Notice of Claim and Settlement
Agreement) Interventions
What can a motor carrier do to improve? : Ensure compliance by being knowledgeable of the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations, if applicable.
Understand how your safety management contributes to your safety problems.
Check and update your MCS—150 carrier registration information whenever there is a change to your company's profile and at least every two years, as is required by regulation. What can a motor carrier do to improve?
What can a motor carrier do to improve? : Review your inspection and crash reports data and request corrections as needed.
Educate yourself and your employees on the regulations and industry best practices.
Ensure compliance. Take action to address trends and patterns that you find. What can a motor carrier do to improve?
Address Deficient BASIC’s : Unsafe Driving — FMCSR Parts 392 and 397
Fatigued Driving (Hours-of-Service) — FMCSR Parts 392 and 395
Driver Fitness — FMCSR Parts 383 and 391
Controlled Substances and Alcohol — FMCSR Parts 382 and 392
Vehicle Maintenance — FMCSR Parts 393 and 396
Cargo-Related — FMCSR Parts 392, 393, and 397 and applicable DOT HM regulations Address Deficient BASIC’s
Differences between SAFESTAT and CSA 2010 : Differences between SAFESTAT and CSA 2010
Differences between SAFESTAT and CSA 2010 : Differences between SAFESTAT and CSA 2010
Differences between SAFESTAT and CSA 2010 : Differences between SAFESTAT and CSA 2010
SAFER versus CSA 2010 7 Basics : SAFER versus CSA 2010 7 Basics
Poor Roadside Inspection Results : Motor Carriers with deficient BASIC’s will be included in ‘Roadside Inspect” (RED LIGHT) TARGETED ENFORCEMENT
Increased Level 1 Inspections (Bumper to bumper inspection of the Commercial Motor Vehicle and all driver credentials and Hours of Service Documents) Poor Roadside Inspection Results
How do I correct erroneous data in SMS? : If you feel any of the data is erroneous, corrections can be requested through the DataQs process.
You may submit a request for a data correction review.
Data concerns are automatically forwarded to the appropriate office for resolution.
Any user, including motor carriers, drivers, and the general public, can submit a request for a data correction review using the DataQs system. How do I correct erroneous data in SMS?
What is FMCSA's DataQs System? : The DataQs system is an electronic means of filing concerns about Federal and State data released to the public by the Federal Motor Carrier Safety Administration (FMCSA).
DataQs is the best way to get the "data correction request" process initiated, as all changes to data must be made at the source (the agency that enters the data). What is FMCSA's DataQs System?
How can I access DATA-Q? : A motor carrier, driver, or other stakeholder can register for DataQs via the FMCSA Portal or through the DataQs system directly.
Requests for data corrections require simple forms to be filled in with information from the relevant report, such as the report number, date and time of event, state, and an explanation for why the data should be changed. How can I access DATA-Q?
Some tips to assist you in filing DataQs RDRs: : Attach document(s) that support the RDR.
Be specific and detailed in your narrative.
Any owner operator with a valid lease agreement submitting an RDR should include the lease agreement.
Ensure contact information is accurate and updated.
Check the status frequently (additional information may be requested).
Corrective Action Can Take up to 6 months to show on the SMS. Some tips to assist you in filing DataQs RDRs:
DATA-Q : Documentation to support the Request for Data Correction Review (RDR) may also be submitted to the system.
All information is routed to the organization responsible for the data.
Electronic correspondence is used to communicate with the requestor when additional information is needed.
DataQs is open to the public and the website provides an online help function to walk users through the process. DATA-Q
What are BASICS? : Behavioral Analysis and
Safety Improvement
Categories What are BASICS?
CSA 2010 BASICS : 1.Unsafe Driving — Dangerous or careless operation of commercial motor vehicles.
2.Fatigued Driving — Driving a Commercial Motor Vehicle while fatigued and Hours of Service Violations
3.Driver Fitness — Operation of Commercial Motor Vehicles (CMVs) by drivers who are medically or physically unfit or who are unfit to operate a CMV due to lack of training or experience. CSA 2010 BASICS
The Seven Basics (2) : 4.Controlled Substances and Alcohol — Operation of a CMV while impaired due to alcohol, illegal drugs, and misuse of prescription medications or over-the-counter medications.
5.Vehicle Maintenance — CMV defects due to improper or inadequate maintenance.
6. Improper Loading/Cargo Securement — shifting loads, spilled or dropped cargo, and unsafe handling of hazardous materials.
7. Crash/Incident Experience — Histories or patterns of high crash involvement, including frequency and severity. The Seven Basics (2)
Slide 60: State-Reported Commercial Vehicle Crash Data are taken from MCMIS and provide information on crashes as reported by state and local police officials. The reporting of these crashes follows National Governors Association (NGA) standards. Crash Indicator
Slide 61: Crash Indicator— Histories or patterns of high crash involvement, including frequency and severity are considered. It is based on information from state-reported crash reports. Crash Indicator 2
Accidents : DOT will assess Accident Frequency by individual drivers
There is currently NO methodology to differentiate between Chargeable/Non-Chargeable or Preventable/Non-Preventable
NOTE:FMCSA currently has a team researching this concern
Severity of Accidents will also be included in Accident Assessment Accidents
Repercussions : Driver Qualification may be compromised
Drivers can become Uninsurable under “Exclusionary Coverage” (depends on state Insurance Commission Rules) by your Company’s Insurance Carrier
Their Personal Auto Insurance may also be affected through increased premiums or declined coverage Repercussions
Repercussions 2 : Motor Carriers will no longer be able to permit you to continue work for them
Motor Carriers will not be able to hire you
Their Safety Record will follow them wherever they go for employment Repercussions 2
Slide 65: 35% of Roadside Inspections are the result of speeding
31% of Roadside Inspections are triggered noticeable vehicle defects such as inoperative lights, flat or defective tires, brakes
Avoid speeding tickets
Perform comprehensive Pre and Post trip Inspections as required Ways to Protect YOUR Driving Privileges
Ways to Protect YOUR Driving Privileges 2 : Perform proper tests of Parking Brake and Service Brakes during Pre-trip Inspections
Avoid Hours of Service (Fatigue Violations)
Avoid Drug Use and Alcohol Misuse Violations (including over the counter medications) Ways to Protect YOUR Driving Privileges 2
Ways to Protect Your Record : Always Drive Defensively
Attend Safety Training and Safety Meetings
Project a good image on the Road
Don’t Take Chances
Get Proper Rest Ways to Protect Your Record
Part Two : Defensive Driving Part Two
Backing Accidents : Backing Accidents Account for 25% of all accidents in the waste industry
Most accidents were backing into Stationary Objects
Some involved drivers backing into other Non-parked vehicles in traffic
The most serious accidents involved drivers backing into pedestrians or bicyclists
Most all backing accidents ARE Preventable Backing Accidents
Avoiding Backing Accidents : Never back up unless it is absolutely necessary
Scan the area where you must back into for hazards
It is easiest to back to the drivers side than the passenger side
Always back out of traffic; NEVER into traffic if possible
Activate 4 was flashers prior to backing
Back-up alarms are a good tool to alert others Avoiding Backing Accidents
Motor Carrier Keys to Survival : Driver Hiring and Screening
Driver Evaluation and Tracking
Driver Retention
Driver Education
Communicate with Drivers
Address Problem Drivers
Check SMS Results Regularly
Develop Comprehensive Safety Policies and Procedures
Enforce unacceptable Behavior and Violations Motor Carrier Keys to Survival
Motor Carrier Keys to Survival : Provide Instruction and Driver Re-Training for Pre and Post Trip Inspections
Driver Assessment (“How’s My Driving”, OBRD’s, Drive Cams, Road Observations)
Develop a Comprehensive Accident Countermeasures Program
Implement a CAT Accident Team
Include Training in Countermeasures; NOT just Disciplinary Action
Keep updated on DOT Regulations
YOUR opinion counts. Let the Agencies know your opinions Motor Carrier Keys to Survival
Accidents : Accidents
Accidents : 2/4/2011 74 Accidents Accidents are extremely costly. The
following are some considerations:
We live in a litigious society.
Litigation is very costly
Juries vary and can be very liberal
You do not have to be at-fault to be exposed to liability
Culpability can be very broad
Accidents 2 : 2/4/2011 75 Accidents 2 Other considerations and concerns:
ECM’s
Other ERD’s
On-Star and similar devices
Collision sensors
Electronic Evidence
Accident Handling : 2/4/2011 76 Accident Handling Stop
Protect
Assist
Notify
Stop : 2/4/2011 77 Stop Stop your vehicle when involved in an accident
Set Park Brakes
Secure vehicle
Activate 4 way flashers and all lights
Shut vehicle down
Extinguish any lit objects
Composure yourself
Protect : 2/4/2011 78 Protect Check mirrors and look for other vehicles approaching from the rear BEFORE opening the door to get out
Open Reflective Triangles and carry one chest high facing traffic especially during darkness or during times of limited lighting
Use a safe route walking back to set them
Set reflective triangles at DOT specified distances
Walk as far as necessary for safety when you turn your back on traffic to walk back to your truck
Assist : 2/4/2011 79 Assist Never move anyone that is injured UNLESS it is life threatening to leave them in the vehicle
If the situation is life threatening (such as the vehicle starts to burn or is submersed under water, move them as cautiously as possible. Instruct helper(s) the need to move them cautiously. Move them to the nearest safe location as possible.
Keep them as comfortable as possible without moving them
Notify : 2/4/2011 80 Notify Contact your Company immediately
Don’t Fall For The “Don‘t Worry About it”
Call 911
Wait in a safe location for the Police to arrive
Accident Handling What NOT To Do : 2/4/2011 81 Accident Handling What NOT To Do Never admit fault
Never apologize
Never make statements to press or media
Never discuss the accident with anyone other than a representative of YOUR company or a representative of YOUR insurance company who has properly identified themselves
Never argue with other people at the scene
Never argue with the Police
Accident Photography : 2/4/2011 82 Accident Photography A photo is worth 1,000 words could never be
more true than when used for accidents. You
should take photos of:
Vehicles at final rest Post-Collision
License plate numbers of 1st vehicles at scene
Occupants in other vehicle(s)
Damage to other vehicles
Accident Photography 2 : 2/4/2011 83 Accident Photography 2 Defects or violations to other vehicles
Police & Emergency Vehicles
Photos of Sight Obstructions
Point of Impact
Approach to scene from 4 points of the compass
Spills : 2/4/2011 84 Spills The average cost for a 50 gallon fuel spill in the US is well over $10,000
Use your Company issued spill kit (if applicable)
Follow the instructions including PPE use
Follow Company Spill & Release Policies and procedures if the incident or accident involved Hazardous Materials Shipment(s),
Have Haz/Mat Shipping Papers readily available
Spill Control Countermeasures 2 : Refer to North American Emergency Response Guide (or alternative Guide) prior to handling spill or release
Use your spill kit
Damn off and protect storm drains
Protect runoff to streams and “Navigable Waterways”
Photograph Spill Containment Efforts Spill Control Countermeasures 2
Accident Handling After the Fact : 2/4/2011 86 Accident Handling After the Fact Never discuss the accident with others
Do not speak to anyone who comes to your residence to discuss the accident
Never sign anything unless authorized by YOUR company and insurance company
Notice : 87 Notice This training program has been developed for
clients of CVSAS and may not be copied or
sold without the express permission of CVSAS.
This Program has been created within a
Reasonable degree of certainty at the time it
Was prepared but does not replace your
Company’s Responsibility to follow prudent
and compliant guidelines. Check with a Safety
Professional if you have a question.
Slide 88: The information provided in this presentation is truthful and accurate within a reasonable degree of certainty. This program does not replace your responsibility to comply fully with the Federal Motor Carrier Safety Regulations.
This production is intended for use ONLY by CVSAS Clients and may NOT be sold, copied or furnished to others without our expressed
permission Disclaimer Slide 89: PO BOX 378
Gilbert, PA 18331
Phone (888) 546-5289 or (610) 681-5289
Fax (610) 681-3110
Email
[email protected]
Web Site www.cvsas.com
Excellence in Safety through Training & Education Drive Defensively!!! Your Life, Family, Company and Livelihood are all depending upon it. CVSAS