Waynes World - November 2010

 

NOW IS THE TIME TO GET YOUR DUCKS
IN A ROW AND PREPARE FOR THE POSSIBLE...

FINAL COUNTDOWN
TO CSA 2010

by Wayne Schooling

 

Are you and your drivers familiar with the new CSA 2010 enforcement program the FMCSA (Federal Motor Carrier Safety Administration) is in the process of initiating?  If not, now is time to get with the program.  The purpose of CSA 2010 is to improve commercial vehicle safety by further reducing accidents, injuries and fatalities.  Therefore, in my opinion, any driver holding a US DOT Certificate covering one of the BASIC categories should be hired before one that does not.  The NTA has several new CSA 2010 course-certified programs available on their website (www.ntassoc.com).  These courses will benefit everyone, as employers are beginning to place additional efforts and resources toward driver safety.

Under CSA 2010, much like the present SafeStat system, motor carrier’s on-road performance and compliance history will be tracked.  All DOT recordable crashes, all roadside inspection reports and all data from safety audits will be collected by the FMCSA, just like they are now.  But, when looking at roadside inspection reports, the CSA 2010 system will also use all violations noted to calculate a carrier’s safety score, not just the out-of-service violations.  Another change is that the CSA 2010 system will now use seven narrow Behavioral Analysis Safety Improvement Categories (BASICs) rather than the four broad ones they have been using.  By using specific categories and more data, the FMCSA believes they will have a better view of the problems a carrier may be having.

The seven specific BASIC categories are: Unsafe Driving (violations of traffic laws & Part 392); Fatigued Driving (violations of Parts 392 & 395); Driver Fitness (violations of Parts 383 & 391); Controlled Substances and Alcohol (violation of Parts 382 & 392); Vehicle Maintenance (violations of Parts 393 & 396); Cargo (violations of Subpart I of Part 393 & hazardous materials regulations); and Crash History.  If any of the BASIC scores exceed a certain “threshold” the carrier will be subject to interventions.  You want to avoid an intervention starting because, as I see it, once the snowball starts rolling down the hill, all it is going to do is get bigger.

Here is a breakdown of the intervention process.  It starts with a warning letter sent.  Next, additional roadside enforcement would occur.  Then, a focused off-site investigation will take place.  Next, there will be a focused on-site investigation.  After that, you’ll get a comprehensive review (the equivalent of the present Compliance Review).  If you still have not got the point, you will have to put together a Cooperative Safety Plan.  Next, a Notice of Violation will be sent and then a Notice of Claim (you will be fined).  In the final intervention step, a carrier would be deemed “unfit” and ordered to suspend operations.

Drivers are subject to the same process as motor carriers.  Any crashes or roadside inspection violations reported to the FMCSA will be entered into the system, and then a BASIC score is generated.  If any of the scores are above the threshold, the driver can be subject to the same interventions as motor carriers.  Contrary to what you may have heard, tickets or warnings that CMV drivers receive while operating their personal vehicles do not count against their CSA 2010 scores at this time.

So, what can you do to prepare for CSA 2010?  You have a couple choices.  You can check your own Carrier Data on a monthly basis and sort out the details yourself, or see if the association you belong to can do it for you at a modest charge.  If you are a member of the NTA, you can sign up for the CSA 2010 Scorecard by Vigillo, which can be found on the NTA website (www.ntassoc.com).  This program is endorsed by the ATA.

Once you are signed up, you can start tracking your roadside inspection violations (whether you are a carrier or a driver).  The scoring inside each BASIC category is based on the severity of the violations and crashes, and when they occurred.  After that, you need to sign up with one of the Pre-employment Screening Programs (PSP), like FMCSA’s PSP program or Vigillo’s PSP program.  These programs will take the data from the report generated by the FMCSA and create a CSA 2010 Scorecard.  Both existing drivers and new hire candidates will now be looked at and evaluated under the same lens.

Another way to prepare for CSA 2010 is to start being more active in challenging the violations that you get that you feel are not legitimate.  The various state FMCSA offices and the Commercial Vehicle Safety Alliance (CVSA) may be of help to you in this matter (remember, the FMCSA’s DataQs system provides challenge mechanisms for violations).  You also need to start making sure that you only have good data going into the FMCSA data collection system.  Once the change is made to CSA 2010, all carrier data in the system for the last 24 months, and all driver data in the system from the last 36 months, will be used.  Getting good data in is accomplished by reducing the frequency and severity of DOT recordable crashes and getting more “No Violations Discovered” roadside inspection reports.

Finally, under federal regulations, you are required under 390.3(e)(1) & (2) to be knowledgeable of these regulations, and it is YOUR job to see that every one of your drivers (including yourself) are instructed and shall comply with these regulations.  How do you accomplish this?  By actively training your drivers and encouraging your owner operators to go to either the US DOT Transportation Safety Institute training site (www.tsi.dot.gov) or NTA’s Institute for Motor Carriers (www.ntassoc.com).  There are 8 different courses for drivers and 10 for management.  If you have a bad score in one of the BASIC categories, you can find the proper corrective action course.  Everyone who completes a course gets a certificate from the Transportation Safety Institute or Occupational Safety and Health Administration.

Now is the time (if haven’t already) to get ready for CSA 2010!  Do not wait any longer.  If you have any questions, I can be reached at (562) 279-0557 or via e-mail at wayne@ntassoc.com.

~ NTA is a name and organization you can trust.  Not only is our website (www.ntassoc.com) an official US DOT Internet Training Site, but we are also the administrators of a Nationally Accredited Drug and Alcohol Program.  If you have any questions, call me at (562) 279-0557 or send me an e-mail at wayne@ntassoc.com.  Until next month, “Drive Safe – Drive Smart!”