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Reduce Crashes, Injuries, And Fatalities Involving Large Trucks and Buses

August 2013 Washington State Transit Association. Reduce Crashes, Injuries, And Fatalities Involving Large Trucks and Buses. Presented By: Jeff James Federal Motor Carrier Safety Administration. Agenda. Background: who is FMCSA? Part 383 Overview Federally mandated offenses

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Reduce Crashes, Injuries, And Fatalities Involving Large Trucks and Buses

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  1. August 2013 Washington State Transit Association Reduce Crashes, Injuries, And Fatalities Involving Large Trucks and Buses Presented By:Jeff JamesFederal Motor Carrier Safety Administration

  2. Agenda • Background: who is FMCSA? • Part 383 Overview • Federally mandated offenses • Employer responsibilities • Part 382 Overview • Federal Drug & Alcohol Testing Requirement • Medical examiners / National Registry • CSA / DATAQ

  3. Background Who is FMCSA? • A Modal Administration in the USDOT • Mission What Does FMCSA do? • Develop, publish, & enforce CMV safety rules (industry & states) • Provides grants to states (WSP, DOT, DOL) • Oversight • Industry: roadside inspections, audits, & penalties • States: compliance reviews & withhold grants Who am I • FMCSA structure • HQ – Region – Division

  4. CFR Part 383Commercial Drivers License

  5. Part 383 • Commercial Drivers License • General CDL • Classes (A, B, C) • Endorsements (P, S) [383.153] • Restrictions (ensure drivers follow) • FAQs • Mechanics • Backup drivers • Empty bus

  6. Part 383 383.51 – Federally mandated Disqualification • Major: 1 year / Life • DUI / refusal • Leaving accident scene • Driving a CMV while revoked • Using a CMV negligently to cause a fatality or felony • Serious: 60 days / 120 days • Speeding (15+) • Reckless • Lane change / following closely • Driving without obtaining a CDL / not possessed / proper class • Texting • Other: • Railroad grade crossing • Violating an OOS order

  7. Part 383 383 Subpart C: Employer Responsibilities • May not use a driver without a valid CDL or proper class • May not use a driver or vehicle subject to an OOS order • Ensure drivers notify employer of convictions • under appeal is irrelevant • Ensure drivers notify employer of license suspension • Application Requirements • 10 years of employment history • Names / addresses / dates / reasons for leaving • Used for investigating work history

  8. Learners Permit Ruleeffective 7/8/14 • CLP only from state of domicile • Training can be completed in another state • 21 years of age for interstate and 18 for intrastate • General Knowledge written tests to get CLP • Valid for 180 days. Another 180 days is possible. • Must hold for 14 days prior to taking skills test. • English only for skills tests (interpreters prohibited) • 18 years is minimum age • CLP can only have an S, P, or N endorsement • Legal presence • Full CLP/CDL issued to only lawful permanent residents • Social Security number verification prior to issuance

  9. Learners Permit Rule • 3rd party testers • Testers recertify with training every 4 years. • Testing own students/employees (under reconsideration) • Bonding will be required for non-governmental entities. • Overt and Covert monitoring of state and 3rd party testers is required • Background checks required for examiners

  10. CFR Part 382Controlled substances and alcohol use and testing

  11. Part 382Types of Tests • 382 Applicability / Test Separation • Pre-Employment (382.301) • Drug test only • Negative result in hand prior to first using a driver. Including drivers in training. • Exception • If: driver participated in a program within 30 days • If: driver tested in past 6 months or in random for 12 months • Employer must obtain • Name/address of program • Verification that the program is compliant • Verification that the driver has not refused or tested positive • Date and results of past tests

  12. Part 382Types of Tests • Post Crash (382.303) • Drugs & alcohol • Only required if: • Crash involved a fatality • Disabling damage requiring tow or medical treatment AND • moving violation ticket • Alcohol test within 2 hours (no later than 8) • Many carriers forget the alcohol test • Drug test within 32 hours

  13. Part 382Types of Tests • Random (382.305) • Drugs & alcohol • Rates: 50% & 10% (tested vs. selected) • Calendar year • Driver positions * • Non-DOT regulated employees • Consortium issue • 1 driver operations • Carrier ultimately responsible for random program • Scientifically valid method to select drivers • Equal chance • Names out of a hat is not scientifically valid • Reasonably spread throughout the year • Notification of selection & the selection period • No warning & immediate collection

  14. Part 382Types of Tests • Reasonable Suspicion (382.307) • Trained Supervisor must document specific observations based on; • appearance, • behavior, • speech, • body odors • Driver must be tested immediately • cannot be used (drive) until negative results are received.

  15. Part 382Types of Tests • Return to Duty (382.309) • Follow-up (382.311)

  16. Part 382Positive / Refusal • To keep the driver; • Removal from duty regardless of geography • Interviewed by a SAP • Cleared by the SAP • Return-to-dutytest • Have the negative result • Return to work • 6 Follow-Up • any other required tests • To let the driver go • Immediately remove from duty • Give the driver specific materials on where he can obtain an SAP evaluation.

  17. Part 382Other Topics • Controlled substance use (382.213) • Reasonable Suspicion Training (382.603) • Everyone designated to supervise drivers • 120 minutes (60 drugs / 60 alcohol) • Proof of training • Drug and Alcohol Testing Policy (382.601) • 11 required items • proof that the policies given to drivers • Background Checks (40.25) • Within 30 days a carrier must ask & receive: • Any positive or refused tests (drugs or alcohol) • Must go back two years • Only DOT regulated past employers

  18. Part 382Other Topics • DOT vs. Non-DOT tests • Non- DOT tests are not recognized • Different standards • Alcohol Testing: Breath vs. Blood • Blood is not authorized unless directed by the police for a post-crash test • Deemed too invasive • Record Retention (382.401) • 5 years: positive tests, refusals, & SAP docs. • 2 years: drug & alcohol collection docs (C&C forms) • 1 year: negative result forms • : education & training documents

  19. Medical Card & The National Registry

  20. Medical Card • Why medical card changes? Safety vulnerabilities • Medical cards can expire but license is still good. • Medical examiners not following the criteria and/or not knowledgable of the FMCSRs • FMCSA has no oversight over medical examiners • Wide spectrum of examiners (brain surgeon, chiropractor, or a holistic healer)

  21. Medical Card • Step 1 (now): • Medical card is merging into a part of a driver’s license record. • must provide medical card to DOL (new and renewals) • Step 2 (May of 2014): • New DOT physical exams must be performed by someone on the NRCME • License will not be valid without Medical on record • Over 4 million CMV drivers • Aprox. 3 million physical exams conducted each year • Estimate we need 20,000 – 40,000 examiners to meet the need • Step 3 (future) • Medical examiners must send exam report to DOL

  22. CSA / DATAQ • Compliance Safety Accountability (CSA) • Data to prioritize work • Conduct investigation • Safety rating • DATAQ • Forum to challenge data • Pre-employment Screening Program (PSP) • http://www.psp.fmcsa.dot.gov

  23. Q&A • Question & Answer Session

  24. End • Jeff James: FMCSA Division Administrator (WA) 360-753-8076

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