Cargo Securement for Chemical Distributors

1. Cargo Securement for Chemical Distributors This webcast will cover ... • DOT Cargo Securement requirements for bulk and non-bulk hazmat • CSA and the Cargo BASIC • Roadside inspections and the top cargo violations • Accident liability and cargo loss • Driver training Moderator Mike Lang, Vice President, Responsible Distribution, National Association of Chemical Distributors Presenter Tom Bray, Sr. Editor - Transport Management, J. J. Keller & Associates, Inc. • Attention Attendees: • Thank you for attending! • The presentation will start in a few minutes at 1:00 PM Central. • Please use your computer speakers to listen to the event. If you have audio issues, dial-in info is below. • You will be muted during the event. • Please use the Question feature to text questions to “Q & A”. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • The slides and recording will be posted in 7 days at: http://www.jjkeller.com/cbdawebcasts

2. Mike LangVice President, Responsible DistributionNational Association of Chemical Distributors

3. Introductions • DOT Cargo Securement requirements for bulk and non-bulk hazmat • CSA and the Cargo BASIC • Roadside inspections and the top cargo violations • Accident liability and cargo loss • Driver training • Question & Answer • Housekeeping issues: • You will be muted during the event. • Please use the Question feature to text questions to the Q&A Panelist. We’ll try to answer them during the Q&A period if they are not covered in the presentation. • If you lose sound at any point, you can dial-in by phone using the number and Pass Code listed below. • If you lose the program window and need to re-login be sure to enter a different e-mail address to avoid being denied access for multiple logins. Mike LangNACD

4. Disclaimers • The content in this webcast is intended for information purposes only and should not be construed as providing legal advice. • If you ask questions based on your unique circumstances, we will attempt to address them from a more general perspective. • This is an introductory course and is intended to highlight critical safety and compliance topics. Time constraints limit our ability to go in depth. Mike LangNACD

5. Tom Bray Sr. Editor – Transport Management J. J. Keller & Associates, Inc.

6. Cargo Securement • According to 49 CFR §391.13, drivers must understand the vehicle inspection and securement requirements found in Parts 392 and 393 of the Federal Motor Carrier Safety Regulations (FMCSRs). Tom BrayJ. J. Keller & Associates, Inc.

7. 392.9 • All cargo must be properly distributed and adequately secured • Inspect the vehicle’s cargo and load securing devices within the first 50 miles • Reexamine again after 3 hours, 150 miles, or next change of duty status (whichever comes first) Tom BrayJ. J. Keller & Associates, Inc.

8. 393 • Aggregate working load limit • Anchor point • Blocking • Bracing • Dunnage • Friction mat • Shoring bar (or load bar) • Tiedown • Working load limit (WLL) • Header boards • Cargo covers (tarps) • Sealed container loads Tom BrayJ. J. Keller & Associates, Inc.

9. Compliance Safety Accountability (CSA) Overview • CSA is an enforcement system for: • Tracking, measuring, and evaluating carrier and driver compliance and safety performance • Increasing the carrier contact frequency • “Rating” all carriers (will require rulemaking) • CSA tracks: • All carriers regulated as an interstate carrier that have a USDOT number, regardless of “type” (and their drivers) • Intrastate carriers that have a DOT number Tom BrayJ. J. Keller & Associates, Inc.

10. CSA Process • Data collection (roadside inspection, interventions, crashes) • Safety Measurement System (SMS) • Seven “BASICs” (Behavior Analysis and Safety Improvement Categories) • Unsafe Driving (Parts 392, 397, etc.) • Fatigued Driving (Parts 392 and 395) • Driver Fitness (Parts 383 and 391) • Controlled Substances/Alcohol (Part 382 and 392) • Vehicle Maintenance (Parts 392, 393, and 396) • Cargo Related (Parts 392, 393 Subpart I, and HM regulations) • Crash Indicator • Comprehensive and progressive interventions Tom BrayJ. J. Keller & Associates, Inc.

11. SMS Process • Measures and compares safety performance using allsafety-based violationsdiscovered during roadside inspections and interventions, and DOT-recordable crashes • All violations are severity and time weighted • Severity Weight - Violations 1-10, Accidents 1-3 • Time Weight - 0-6 months = 3, 6-12 = 2, 12-24 = 1 • Full value is determined by a formula that multiplies the weights • Once per month, scores are totaled, normalized, and used to percentile-order carriers in BASICs versus peers in Safety Event Groups • Carriers with percentiles that exceed the BASIC thresholds will be targeted for intervention Tom BrayJ. J. Keller & Associates, Inc.

12. Intervention Thresholds Tom BrayJ. J. Keller & Associates, Inc. • Complaints and crashes can lead to investigative interventions as well

13. CSA Intervention Process Tom BrayJ. J. Keller & Associates, Inc.

14. Interventions • Early Contact • Warning Letter • Carrier Access to Safety Data and Measurement • Targeted Roadside Inspection • Investigation • Offsite Investigation • Onsite Investigation – Focused • Onsite Investigation – Comprehensive • Follow-on • Cooperative Safety Plan • Notice of Violation • Notice of Claim • Operations Out-of Service Order Tom BrayJ. J. Keller & Associates, Inc.

15. Intervention Scoring • Based on violations of serious regulations discovered during audits and investigations • Will not “improve” BASIC Score, but can “flip” a BASIC Safety Evaluation to “Alert” (regardless of “BASIC Score”) Tom BrayJ. J. Keller & Associates, Inc.

16. Cargo Related Violations • Violations that effect BASIC Measure and Score : • Damaged or loose tiedown • Failing to secure vehicle equipment or load • HM placard missing, damaged, or obscured • HM package not secure • Shipping paper errors • Discovered during auditing: • Security plan problems • No shipping paper for HM shipment • Accepting and transporting HM not preparedproperly • Failure to maintain copies of cargo tank certificates Tom BrayJ. J. Keller & Associates, Inc.

17. Common Hazmat Violations - Roadside Tom BrayJ. J. Keller & Associates, Inc.

18. Common Hazmat Violations - Roadside Tom BrayJ. J. Keller & Associates, Inc.

19. CSA How to Survive • Existing data can be viewed at: • CSA SMS • http://ai.fmcsa.dot.gov/SMS • FMCSA Portal • https://portal.fmcsa.dot.gov/ • Get “wrong” data out of the system • Learn and be willing to use the appeals processes: • Federal DataQs - https://dataqs.fmcsa.dot.gov/login.asp • State Motor Carrier Safety Office • CVSA Complaint Process Tom BrayJ. J. Keller & Associates, Inc.

20. Common HM Violations Discovered During Auditing • Security plan problems (no plan when required, plan not current, plan not trained on, etc.) • No shipping paper for HM shipment • Accepting and transport HM not prepared properly • Failure to maintain copies of cargo tank certificates (original, reman, testing) Tom BrayJ. J. Keller & Associates, Inc.

21. Preventing Cargo Related Problems • Train, train, train • Make sure drivers: • Know what they are doing • Know to ask questions • Have replacement procedures for defective equipment • Provide drivers with hands-on information • Handbook • Cheat sheets • Support numbers (expert and/or mentor) Tom BrayJ. J. Keller & Associates, Inc.

22. Securement Components • Tiedowns can be repaired • Must remain tight while in transit • Must be adjustable (except steel strapping) • Can’t contain knots • Edge protection may be required • Straps can go outside the rub rails • Lever-type binders are acceptable • You can choose the tiedown type Tom BrayJ. J. Keller & Associates, Inc.

23. Driver Training: Loading, Unloading, and Freight Inspections • Never leave cargo unattended • Never use an unauthorized individual to load/unload the vehicle • Check skid/package count before leaving • Make sure freight is properly described and in good condition • Immediately report discrepancies (if not corrected, note on bill of lading) • Be aware of signs of damage • Look for signs of tampering (broken seals, damaged tape) Tom BrayJ. J. Keller & Associates, Inc.

24. Driver Training: Maintain Accurate Vehicle and Cargo Information • Vehicle identification, license, and serial numbers should be with the driver at all times • Cargo information (lot numbers, types of containers used, markings, inventory numbers) should be with the driver at all times Tom BrayJ. J. Keller & Associates, Inc.

25. Driver Training: Stopping Procedures • Be aware of areas traveling through • Plan stops • Avoid unauthorized stops • Never stop in the same place at the same time • Stop at populated locations • Park in well lighted areas • Avoid dark, secluded areas • Avoid conversations with strangers Tom BrayJ. J. Keller & Associates, Inc.

26. Driver Training: Seals and Locks • Cargo seals expose any signs of load tampering, and locks help prevent theft • A log of inbound and outbound cargo seal and lock numbers should be kept • Date and time • Number of trailer • Destination of load • Name of person applying • Name of vehicle driver • Record appropriate information if seal/lock is removed/broken Tom BrayJ. J. Keller & Associates, Inc.

27. Driver Training: Handling Vehicle/Cargo Theft • Call the police immediately • Give as many details as possible • License number(s) on equipment • Equipment serial number(s) • Vehicle description • Cargo description • Time incident occurred • Description of suspicious people near vehicle • Notify the company Make sure driver has this information with them whenever they leave the vehicle unattended! Tom BrayJ. J. Keller & Associates, Inc.

28. Question & Answer Please submit questions to “Q&A” using the Question tool Tom BrayJ. J. Keller & Associates, Inc. Mike LangNACD

29. Closing Remarks • Thank you for attending! Please complete the survey. • In 7 days, download the recording and slides from today’s webcast at: http://www.jjkeller.com/cbdawebcasts • Upcoming NACD events: • February 28: The Clean Air Act Section 112(r) General Duty Clause - What You Need to Know Webcast • March 27: Product Segregation in the Warehouse – EPA Expectations and Resource Guidance Webcast • April 2-3: Responsible Distribution Workshop (Houston) Mike LangNACD