Waynes World - March 2005

NEW BACKGROUND CHECKS FOR HAZ-MAT
HAULERS, AN IDLING UPDATE, AND...

CALCULATING YOUR DRIVER
TURNOVER RATE
By Wayne Schooling

Q: We are a drug collection site and have a customer whose drivers are mandated to be tested randomly by the FMCSA. The carrier, however, is notifying their drivers of the “random” test date in advance, to ensure that the drivers pass the test. What is our responsibility as a collection site?

A: Section 382.305(k)(1) of the FMCSA drug and alcohol testing regulations states that, “Each employer shall ensure that random alcohol and controlled substances tests conducted under this part are unannounced.” As the collection site, I feel that you have a fiduciary obligation to notify the employer of this regulation, and the penalties that may follow as a result of their noncompliance. Section 382.507 states that, “Any employer who violates the requirements of this part shall be subject to the civil and/or criminal provisions of 49 U.S.C. 521(b). In addition, any employer or driver who violates the requirement of 49 CFR Part 40 shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b).”

Q: What is the latest information regarding the Vehicle Idling Rule in California?

A: It was just announced that California will start enforcing this rule. The new rule will be enforced primarily by Air Resources Board (ARB) diesel truck inspectors, who inspect smoking trucks and buses for tampering and bad maintenance to engines that can increase emissions, however, local law enforcement agencies and the California Highway Patrol can also issue citations. The rule will apply to any truck idling for more than five minutes and any bus idling for more than 10 minutes when either are not engaged in work activities. The idling rule will be applied to ANY truck or bus operating within the state (CA) regardless of where they were registered.

A: It’s official - finally! The Transportation Security Administration (TSA) just published its Final Rule on fingerprint-based background checks for drivers hauling haz-mat materials. Effective January 31, 2005 those applying for a permit for the first time will go through the checks. The fees for the hazardous materials endorsement applicants who submit fingerprints and applicant information are: $38.00 for information collection and transmission fee; $34.00 for the threat assessment fee; $22.00 FBI fee. Thus, the total fees are now $94.00. All first time applicants for the H or X endorsement must successfully complete a background check beginning 1-31-05 before a valid CDL can be issued. Existing H or X endorsed CDL drivers will have to successfully complete a background check beginning 5-31-05. The actual process goes something like this:

1) The person submits their application. There will be a website and toll free phone number to get the application. The person can take the Haz-Mat written test anytime before or after starting the process. 2) The person goes to an agent location and submits their fingerprints and payment. 3) The agent matches the fingerprints and the already submitted application together. 4) The agent sends the application and fees to TSA and the fingerprints to the FBI. 5) Based off the application, TSA checks all terrorist watch lists, Interpol and Immigration. 6) Based off the submitted fingerprints, the FBI checks all relevant criminal data bases. 7) The FBI sends the criminal background check results back to TSA. 8) TSA matches up their portion of the check to what the FBI sent to them. 9) If the result of the background check is YES (issue), TSA will notify the driver and DMV. 10) When the notice is received from TSA, the person may then go to a DMV office and complete the process. Whew!

Q: What is the carrier’s liability when one of its drivers falsify records of duty status?

A: A carrier is liable both for the actions of its drivers in submitting false documents and for its own actions in accepting false documents. Carriers have a duty to require their drivers to observe all of the regulations.

Q: We are experiencing a lot of driver turnover. Is there a simple way (formula) for figuring this out?

A: High driver turnover rates have become so entrenched in the trucking industry that many motor carriers simply consider the cost of driver replacement to be a fact of life – the cost of doing business. Those are usually the carriers that use owner-operators and simply by law cannot offer any benefits directly. Unhappy drivers equal a high turnover rate. That is where NTA comes in – by being the elbow in the arm’s length distance that the carriers have to take – we bring the benefits to the owner-operators. The following driver turnover rate formula is provided to help you better manage your driver retention effort.

1) Determine the total number of driver turnover events year-to-date. 2) Divide the above figure by the total number of calendar days elapsed. 3) Multiply the result by 365 (days in a year). 4) Divide the result by the total number of current drivers. Example: to date, you have had 59 driver turnover events as of 9/03/04. September 3, 2004 is day 247 of the calendar year. You currently have 152 drivers. Using these figures, calculate your turnover rate (59 ÷ 247 x 365 = 87.19, then take 87.19 ÷ 152 = .574). Round this number off and your year-to-date driver turnover rate as of 9/03/04 was just above 57%.

~ Do you have any transportation-related questions you would like me to answer? If so, send them care of Wayne Schooling at NorthAmerican Transportation Association, 2533 N. Carson St, Suite 346, Carson City, NV 89706-0147. Or, if you prefer, you can e-mail them to wayne@ntassoc.com. Until next month, “Drive Safe - Drive Smart!”