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Motor Fleet Safety Basics: Training for the Safety Supervisor

Motor Fleet Safety Basics: Training for the Safety Supervisor. Unit 3 : DOT/OSHA Recordkeeping Issues and Requirements. Unit 3 Objectives. Identify the government agencies and regulations that are relevant to your job as a fleet safety supervisor

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Motor Fleet Safety Basics: Training for the Safety Supervisor

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  1. Motor Fleet Safety Basics:Training for the Safety Supervisor Unit 3: DOT/OSHA Recordkeeping Issues and Requirements

  2. Unit 3 Objectives Identify the government agencies and regulations that are relevant to your job as a fleet safety supervisor Identify recordkeeping requirements for the sections of the FMCSR and OSHA regulations discussed in class Audit sample hours of service logbooks and identify required supporting documentation Identify errors and/or violations in driver qualification files Correctly complete an Accident Register

  3. Federal Agencies that Regulate Motor Carriers • US Department of Transportation: • Federal Motor Carrier Safety Administration (FMCSA) • Pipeline and Hazardous Materials Safety Administration (PHMSA) • US Department of Labor: • Occupational Safety and Health Administration (OSHA) • Equal Employment Opportunity Commission (EEOC) • Environmental Protection Agency (EPA) • Department of Homeland Security: • Transportation Security Administration (TSA) • US Citizenship and Immigration Services (former INS)

  4. DOT Regulations 49 CFR, FMCSRs • Part 380 – Entry Level Training • Part 381 – Waivers and Exemptions • Part 382 - Controlled Substances and Alcohol Testing • Part 40 - Procedures for Drug & Alcohol Testing • Part 383 - Commercial Drivers License • Part 390 - Safety Regulations - General • Part 391 - Qualifications of Drivers • Part 395 - Hours of Service of Drivers • Part 396 - Inspection, Repair & Maintenance • Part 397 – Hazardous Materials • Parts 100-185 – Hazardous Materials

  5. Compliance, Safety, Accountability (CSA) CSA is FMCSA’s data-driven safety compliance and enforcement program

  6. CSA’s Three Core Components • The Safety Measurement System (SMS) • FMCSA’s workload prioritization tool that identifies carriers for interventions (e.g., warning letters, investigations) • Safety Interventions Process • Creates new and more efficient ways for FMCSA to interact with carriers and help bring them into compliance (e.g., warning letters and Onsite Focused Investigations) • Proposed Safety Fitness Determination (SFD) • Uses on-road safety performance data and/or investigation results to assess the safety fitness of more carriers every month (Notice of Proposed Rulemaking (NPRM) expected to be published in January 2016)

  7. The SMS and the BASICs The BASICs help you understand where you’re having safety problems so you can correct them Each BASIC addresses specific requirements in FMCSA’s regulations

  8. Motor carriers are accountable for their drivers’ violations All inspections and violations your drivers receive while they work for you remain part of your carrier record for 24 months (regardless of whether they continue operating for you) Carriers do not inherit past violations of a newly hired driver Roadside inspection data remain part of a driver’s record for three years, crash data for five years

  9. FMCSA does not issue driver “scores” Safety Investigators use drivers’ roadside inspection and crash data when investigating a carrier The SMS does not assign safety ratings, “scores,” or points to drivers

  10. Pre-Employment Screening Program (PSP) • The PSP was mandated by Congress • It’s a screening tool that provides a driver’s Federal crash and inspection history record including: • Five years of reportable crashes • Three years of inspections • Carriers can only use PSP for hiring purposes and can only order a driver’s record with his or her authorization • Drivers can obtain their record any time • You can obtain a driver’s record for a $10 fee at http://www.psp.fmcsa.dot.govor for free via a Freedom of Information Act (FOIA) request

  11. Reviewing Your Safety Data in the SMS What safety data can you view?

  12. Why Your Safety Data Matters • Your safety data affects your safety record: • The SMS uses your roadside inspection and crash data to calculate BASIC percentiles • FMCSA uses the SMS to prioritize carriers for interventions, focusing on those that pose the highest safety risk • FMCSA, the public, and other stakeholders can see SMS results, so it’s important to make sure they are based on accurate data

  13. DataQs: Improving Your Safety Data Allows carriers/drivers to file a Request for Data Review (RDR) to identify concerns about data in FMCSA’s data systems that may be incomplete or incorrect Forwards your RDR to the appropriate office for resolution Gives you updates on the status of your RDR, from submission through resolution

  14. Requests for Data Review (RDRs) • RDRs can only be submitted for violations that were erroneously reported or incorrectly documented during the inspection • Examples of improper requests: • “Driver fired” • “Crash not our fault” • “Driver caused the violation” • “An owner-operator or another carrier committed the violation while they were leased to our operation”

  15. Hours of Service Enforcement Hours of service rules enforced through log audits: • 11-hour rule • 14-hour rule • 60/7-hour rule • 70/8-hour rule

  16. OFF DUTY OPTIONS Option #1 – Ten consecutive and uninterrupted hours ”off duty” [line 1] Option #2 – Ten consecutive and uninterrupted hours in “sleeper berth” [line 2] Option #3 – Ten consecutive and uninterrupted hours “off duty and “sleeper berth [lines 1 and 2] Option #4 – Two periods equaling 10 consecutive hours. One period must be 8 consecutive hours in sleeper berth, which is combined with a second period of at least 2 consecutive hours either off duty or in the sleeper berth. The on-duty periods will be calculated by using the driving and on-duty periods immediately prior to the first rest period and between the two rest periods.

  17. Sleeper Berth Example 10 HOURS OFF DUTY CAN BE OFF DUTY OR IN SLEEPER BERTH 11 HOURS DRIVING 9 HOURS DRIVING

  18. 16-Hour Exception For Property-Carrying Drivers Drivers may extend the 14-hour on-duty period by 2 additional hours IF THEY: • Are released from duty at the normal work reporting location for the previous 5 duty tours; AND • Return to their normal work reporting location and are released from duty within 16 hours; AND • Have not used this exception in the previous 7 days, except following a 34-hour restart of a 7/8-day period. • Total hours driving may not exceed 11 hours.

  19. RECENT HOS RULE CHANGES • REST BREAK - May drive only if 8 hours or less have passed since the end of the driver's last off-duty period of at least 30 minutes. • RESTART - May restart a 7/8 consecutive day period after taking 34 or more consecutive hours off-duty. • EGREGIOUS VIOLATIONS – Driving (or allowing a driver to drive) 3 or more hours beyond the driving time limit may be considered an egregious violation and subject to the maximum civil penalties. • ON DUTY TIME – Does not include any time resting in a parked vehicle, in a moving property carrying vehicle, does not include up to 2 hours in the passenger seat immediately before or after 8 consecutive hours in the sleeper berth. • OIL FIELD EXEMPTION – Waiting time for certain drivers at oil fields must be shown on logbook or electronic recording system as off duty and identified by annotations in the remarks or on a separate line added to the grid.

  20. 11-Hour Rule Explanation 11 HOURS DRIVING 10 HOURS OFF DUTY 30 minute rest break

  21. 11-Hour Rule - Example 11 Hour - NO Rest Break - Yes START: 6:00 P.M. VIOLATION:

  22. 14-Hour Rule - Example 10:00 P.M. 4:00 P.M. YES – 14 Hour Rule YES – Rest Break START: VIOLATION:

  23. Applying the 70/8 Rule • On the morning of Saturday the 6th, how many hours did the driver have available? • Is there a violation of the 70-hour rule? • On the morning of Tuesday the 9th, how many hours did the driver have available? • Is there a violation of the 70-hour rule? • On the morning of Friday the 12th, how many hours does the driver have available? • Is there a violation of the 70-hour rule?

  24. Duty Status Record Requirements

  25. 100-Mile Radius Exemption Requirements: • Time records must show start and finish times • No more than 12 consecutive hours • No more than 11 hours driving time • 10 hours off between periods • Time records must be maintained for 6 months from date of receipt 100 miles X Normal Work Reporting Location

  26. Shorthaul Provision Requirements: • Applicable to non-CDL drivers • May not drive after 14th hour after coming on duty 5 days a week or after 16th hour after coming on duty 2 days a week • Not required to keep of Record of Duty Status • May drive a maximum of 11 hours after 10 or more consecutive hours off duty • Drivers who use this exemption are not eligible to use the 100 air-mile exemption or the 16 hour exemption 150 miles X Normal Work Reporting Location

  27. How Logs Are Falsified Drive 14 hours Many hours on duty Many drop-offs and side trips A number of short trips Hours spent in yard work One driver makes many trips in one day What Actually HappensWhat Is Logged Log shows 11 hours driving Hours shown as off-duty or as less than actual Trips not shown on log Log shows off duty entire day Hours shown as off duty or as less than actual Two separate driver logs submitted for same day

  28. Supporting Evidence • Mileage report • Daily trip sheet reports • Road-side inspection reports • Leased operator statements to the motor carrier • Ports of entry inspections • C.O.D receipts • Special permits for over-weight / over-length / over-height loads • Unloading stop-off reports • Bills of lading • Delivery receipts • Fuel receipts • Meal receipts • Motel and lodging records • Dispatch records • Accident reports • Daily vehicle inspection reports • Payroll records • Lease agreements • Time worked reports • Per diem payments • Lease inspection reports • Charges for demurrage and other accessorial services • Pick-up orders • Temperature control records or other in-trip record or inspections, etc. • GPS records

  29. Driver Qualification File Supplemental records: • Notice to drivers/certificate of compliance • I-9 immigration form • MVR verifying Medical Registered with state of license • Verification of Medical Registry • Pre-Employment Screening Program Record

  30. Inquiries to Past Employers - 391.23 • Past drug & alcohol testing results for previous 3 years • Within 30 days, employer must investigate driver’s DOT employment record for previous 3 years • Previous employers must respond within 30 days

  31. Driver Investigation History File - 391.53 Carriers must maintain records on investigation into safety performance history of a new or prospective driver • Limited access to those involved in hiring • Can only be used in hiring process

  32. Driver Investigation History File - Cont’d • File must include: • Driver’s written authorization to seek information on alcohol/controlled substances history • Copy of responses received for investigations from previous employers • History info must be retained for as long as you employ the driver and 3 years thereafter • File must be available to FMCSA or authorized state officials or authorized third party

  33. PHYSICAL QUALIFICATIONS AND EXAMINATIONS – 391.41-391.43 • Medical examinations after 5/21/2014 • Completed by medical examiners listed on national registry of certified medical examiners • CDL/CLP holders • 1/30/2015 submit current medical examiners certificate to state of license • No longer carry medical examiner certificate on person or copy after 15 days

  34. Acceptable Road Test Equivalents • Valid commercial driver’s license (except doubles/triples trailer or tank endorsement) • Road test certificate issued to driver within previous 3 years In place of a road test, carrier may accept:

  35. Part 382 Testing Requirements • Pre-employment (drugs only) • Post-accident • Random • Reasonable suspicion • Return to duty • Follow-up

  36. Pre-Employment Testing Requirements • Test prior to performing safety sensitive functions • Verified negative test results from MRO must be received • Exemption available by obtaining test results from previous employer: • If driver has participated in a controlled substance testing program that meets the regulations within the previous 30 days; and • If driver was tested in previous 6 months from the date of application with employer OR participated in a random testing program for the previous 12 months, and no prior employer has knowledge of a violation of the regulations of any other DOT Agency within the previous 6 months • Prospective employer must verify program is in compliance

  37. Post-Accident Testing Requirements Required as soon as possible after: • Fatality, OR • Bodily injury AND the driver receives a citation for a moving violation, OR • Disabling damage requiring tow away AND driver receives a citation for a moving traffic violation

  38. Post-Accident Testing Requirements Alcohol: • Test within 2 hours of accident • After 8 hours, cease test attempts Drugs: • After 32 hours, cease test attempts • If no test administered, document why • Federal or State test results may be used

  39. Drug and Alcohol: Errors on Records

  40. Situations Requiring Accident Register Entries • A fatality • Bodily injury to a person who immediately receives medical treatment away from scene • One or more vehicles incurs disabling damage and must be towed away

  41. Required Accident Register Information • Date of accident • City or town in which (or most near) accident occurred • State in which accident occurred • Driver name • Number of injuries and fatalities • Whether hazardous materials were released

  42. Importance of Vehicle Maintenance Record • Safety • Safety rating • Customer satisfaction

  43. Inspection and Maintenance Recordkeeping Problems Driver’s Daily Inspection Report Mistakes • Sometimes drivers skip those items that require getting under the truck or behind the wheels • Power unit - service brakes, suspension, wheels/rims/lugs, brakes • Towed unit - suspension, tires, brakes Mechanic’s Annual Inspection Record • Steering linkage • Frame members

  44. Driver’s Inspection Report

  45. Record of Annual Inspection

  46. Summary of DOT Record-Keeping Time Frame Requirements Drivers' Logs Vehicle Inspection Reports Annual Inspection Report Maintenance Records Positive D&A Tests Negative D&A Tests Driver Qualification Files (post employment) Record Duration 6 months 3 months 14 months 1 year 5 years 1 year 3 years (post employment)

  47. OSHA 300 - Log OSHA 300A – Form that makes it easier to post and calculate incidence rates OSHA 301 - Incident Report Do not complete these by hand – use the spreadsheet you can download from www.OSHA.gov OSHA Regulations 29 CFR, Part 1904

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