CSA Presentation 2011NE Jan 27 2011 v2003

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(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

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