ByBy Johnny Schrunk Johnny Schrunk©2009©20092009

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Safety Topics

FMCSA Compliance ReviewSafety Fitness RatingsMotor Carrier RequirementsProactive Approach to Loss Control

FMCSA Compliance ReviewFMCSA Compliance Review

Factor 1 – Part 387 Financial Responsibility & Part 390 Accident Register

Factor 2 – Part 382 Drug/Alcohol Testing & Part 391 Driver Qualification

Factor 3 – Part 395 Hours of Service Factor 4 – Part 396 Inspection, Repair &

Maintenance Factor 5 – Part 397 Hazardous Materials Factor 6 – DOT Recordable Accident Rate

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Safety Fitness RatingsSafety Fitness Ratings

Satisfactory Adequate safety management controls to meet

Safety Fitness Standards Conditional

Lacking adequate safety management controls to meet Safety Fitness Standards

Unsatisfactory Lacking adequate safety management controls

to meet Safety Fitness Standards, resulting in violations of the regulations

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Motor Carrier Requirements

MCS-90 & 150/150B FormsCMV MarkingsDriver Qualification FilesHazMat Training/Security PlanAccidentsVehicle Maintenance & Inspection

Federal RegisterFederal Register

Published by the Office of the Federal Register and National Archives & Records Administration

Official daily publication for rules, proposed rules, and notices of Federal agencies and organizations

Updated daily and published Monday through Friday, except Federal holidays

GPO Access contains Federal Register volumes from 1994 to the present

View & submit comments on Federal Register rulemaking documents via www.regulations.gov

www.gpoaccess.gov/fr/index.html

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MCS-90MCS-90

“Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 & 30 of The Motor Carrier Act of 1980”

For-hire motor carriers in interstate or foreign commerce, who are not self-insured

Must be kept on file & current Must show Schedule of Limits for Public

Liability

§387.15§387.15

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MCS-150MCS-150

Must be filed by motor carriers operating in interstate or foreign commerce

New carrier must file before operations begin

Updated biennially based on DOT # Last digit is Month Next-to-last digit is Year

Even number –File in even years Odd number – File in odd year

§390.19§390.19

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MCS-150BMCS-150B

Combined MCS-150 and HM Safety Permit Application

Must be filed by motor carriers operating in interstate or foreign commerce that carry hazardous materials requiring an HM Safety Permit

Takes the place of the MCS-150 for carriers required to have an HM Safety Permit.

§390.19§390.19

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CMV MarkingsCMV Markings

CMVs must be marked before put into service

Marking must display US DOT number Name of motor carrier (as shown on MCS-150)

Preceded by “Operated by” if motor carrier is lessee, etc.

Rule does not require City & State, however, this is not prohibited

§390.21§390.21

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Accident RecordkeepingAccident Recordkeeping

Definition of Accident: An occurrence involving a commercial

motor vehicle operating on a highway in interstate or intrastate commerce which results in: A fatality; Bodily injury to a person who, as a result of the

injury, immediately receives medical treatment away from the scene of the accident; or

One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle

§390.5§390.5

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Accident RecordkeepingAccident Recordkeeping

DOT-Required Accident Register List each Recordable Accident (regardless of

preventability) Date of accident City or town where the accident occurred Driver’s name Number of injuries/fatalities Any hazardous materials spilled (other than fuel

from fuel tanks) Any vehicles towed

§390.15§390.15

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Accident RecordkeepingAccident Recordkeeping

Accident Files DOT requires that a carrier maintains

copies of all accident reports required by state/governmental entities or insurers (i.e. all correspondence between insurance companies, police reports, etc.)

Should also include driver/company reports & photographs

§390.15§390.15

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Driver Qualification FilesDriver Qualification Files

Maintained for each driver for duration of employment & 3 years thereafter

Must include: Application for employment Certificate of Road Test or copy of CDL Pre-Hire/Annual MVR Medical Examiner’s Certificate/Physical Waiver Certificate of Violations/Annual MVR review Negative Pre-Hire drug test results (Part 382) Record of HazMat training & Security training

(§172.704)

§391.51§391.51

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Driver Qualification FilesDriver Qualification Files

May be removed 3 years after date of execution: Annual MVR Certificate of Violations/Annual MVR

review Medical examiner’s certificate Physical Waiver

§391.51§391.51

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Driver Qualification FilesDriver Qualification Files

Also recommended: Certificate of Compliance Long form physical Photocopy of CDL Driver Qualification & Identification

Certificate

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Driver Performance History DataDriver Performance History Data

Investigation of prospective driver’s Performance History for three (3) years prior to application Past Employer Reference Checks Drug/Alcohol Inquiries Accident History

Written authorization from applicant to conduct drug/alcohol inquiries

Maintain in secure location with controlled access

Retain for duration of employment & 3 years thereafter

§391.53§391.53

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Vehicle Maintenance FilesVehicle Maintenance Files

For Vehicles controlled for 30 or more consecutive days, the motor carrier must maintain, or cause to be maintained, the following for each vehicle: Identification of the Vehicle

Company # Make Serial # Year Tire size

Name of person furnishing the vehicle if not owned by the motor carrier

§396.3§396.3

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Vehicle Maintenance FilesVehicle Maintenance Files

A record of inspections, repairs and maintenance indicating their date and nature

A record of tests on pushout windows, emergency doors, and emergency door marking lights on buses

A means to indicate the nature & due date of the various inspections and maintenance operations to be performed

Required records must be retained where the vehicle is housed/maintained for 1 year, and for 6 months after the motor vehicle leaves the carrier’s control

§396.3§396.3

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Driver Vehicle Inspection ReportsDriver Vehicle Inspection Reports

At the completion of each day’s work, the driver must fill out this form.

Keep for 90 days A copy of the last vehicle inspection

report must be carried on the power unit

§396.11§396.11

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Annual Vehicle InspectionsAnnual Vehicle Inspections

DOT requires all vehicles (company & owner/operator) to be inspected at least once a year.

Covers 13 areas and must be signed by the inspector.

Copy of the inspection or decal carried on the vehicle & kept on file

22 States with mandatory inspection programs that meet federal requirements

§396.17§396.17

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Brake Inspector QualificationsBrake Inspector Qualifications

Required by DOT Must meet minimum qualifications to

inspect, service or repair brakes on CMVs

Certificate completed & kept on file

§396.25§396.25

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Inspector QualificationsInspector Qualifications

Required by DOT Must meet minimum qualifications to

perform federal annual inspections Certificate completed & kept on file

§396.19§396.19

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HazMat TrainingHazMat Training

General Awareness/Familiarization Training No exception to this requirement Drivers, administrative personnel, dock

workers, etc. Upon hire and every 3 years thereafter Maintain all documentation of dates

completed, materials used, trainer’s name, etc.

Provide drivers copies of HM Regs & NAERG

§172.704§172.704

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HazMat TrainingHazMat Training

Function-Specific Training Specialized training for employees

responsible for the movement of any hazardous material

Not required if driver has valid HM Endorsement

§177.816§177.816

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Security Plan for HazMatSecurity Plan for HazMat

Personnel Security Confirm information provided by job applicants

for positions that access & handle HM Confirmation system must be consistent with

applicable Federal and State laws Unauthorized Access

Address risk of unauthorized persons gaining access to HM

En-route Security Address security risks of HM shipments en-

route from origin to destination

§172.802§172.802

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Proactive Approach to Loss Control

Driver Selection/RetentionDriver Training ProgramsDriver SupervisionAccident Prevention ProgramsDriver/Vehicle OOS RatesRecognition/Incentives

Driver Selection StandardsDriver Selection Standards

Not DOT required, but good business practice Written format including minimum age/experience

& maximum number of allowable tickets, accidents or violations

Adhered to without exception At least as stringent as DOT

21 years of age for interstate Training or experience in the equipment driven Not disqualified under Parts 391 or 383 Physically qualified under Part 391

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How to Improve Employee involvement Initial/Ongoing training Recognition Job description/Purpose – job is necessary Other suggestions?

Benefits Reduced losses/costs Better customer service

Driver RetentionDriver Retention

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Driver Training ProgramsDriver Training Programs

Orientation Program Pay/Benefits Company Mission/Familiarization Policies/Procedures Special Equipment Operation Regulations Customer Facilities/Expectations Required Entry Level Training [Part 380(e)]

Driver Qualifications Hours of Service Driver Wellness Whistleblower Protection

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Driver Training ProgramsDriver Training Programs

Ongoing/Refresher Training Formal Training

New customers/equipment Preventing common types of accidents Defensive Driving Hazardous Materials Security

Informal Training/Safety Meetings Refresher DDC General accident prevention Policy/procedure changes Customer/equipment changes

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Driver Training ProgramsDriver Training Programs

Student Training PTDI Certified Schools (Suggested) Student Continuing Education

Contact PTDI for “Driver-Friendly” program materials

Driver Finisher Program Trainer Qualification/Training Written outline

Specific content Length of OJT

Written instructor/student manuals Written student evaluations

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Driver SupervisionDriver Supervision

Management involvement & support Supervisor Training/Accountability Loss Investigation Road patrols/check rides

Written safety policies/procedures Disciplinary policies Designated check points/call-in times Driver Performance Reviews Driver Safety Records

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Separate accident register from DOT-required Lists ALL accidents/incidents Useful in tracking trends/frequencies

Investigation/Analysis Accident Review Committee Accident scene training/procedures Reporting

Accident Prevention ProgramAccident Prevention Program

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Driver/Vehicle OOS RatesDriver/Vehicle OOS Rates

Ways to monitor Require immediate notification from

driver Internet (SAFER/SafeStat) Analyze (ProVu)

How to reduce Additional training Incentives Discuss analysis results Corrective action (vehicle maintenance)

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Recognition/IncentivesRecognition/Incentives

Recognition Non-monetary Produces excellent results Enhanced in group

presentations (i.e. meetings, banquets, etc.)

Industry Standard Safety Awards (ATA)

Incremental additions, i.e. 5 years of employment

– Plaque 10 years – Jewelry, etc. Increase every 5 years

Incentives For specific purposes

Clean Roadside Inspection

No accidents or violations

Better fuel economy

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Basis of InsurabilityBasis of Insurability

Underwriting = Process of reviewing your operation for insurance purposes: Insurance application Nature of operation Financial records & reports Loss history Location Area of travel Commodities Type of equipment Age of business Driver qualifications & records

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How to Improve InsurabilityHow to Improve Insurability

Risk Assessment Assess your operation Reduce unnecessary risks

Analyze all losses Develop & document programs to reduce losses

Following good business practices Maintain proper documentation Good claims handling, reporting, procedures & paper trails Written policies/procedures & adhere to them

Hire qualified drivers with good records Train drivers & other employees

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RISK CONTROLRISK CONTROL

What is Risk? The measure of the probability & severity of a loss

event taking place.

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ProbabilityProbability

Likelihood of event taking placeCan be classified as:

FrequentProbableOccasionalRemote Improbable

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SeveritySeverity

Magnitude of the loss in a given period of time

Can be classified as: Catastrophic Critical Marginal Negligible

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Reducing Probability & SeverityReducing Probability & Severity

Factors in Truck Crashes Equipment condition Driver selection Training Supervision

Thank You!Thank You!