Speaking Up for the Little Guys

by Billy Woolsey, President
Midwest Compliance Inc.

There is a considerable divide between large and small carriers on the issue of electronic logging. Many large carriers support a proposed government mandate, while a majority of smaller carriers do not ( unless required to do so as a result of a compliance review).

Many of the industry associations have come out in support of electronic logging. The American Trucking Associations, Truckload Carriers Association, and some of the state associations are among those who have official policies of backing this proposed mandate. While these groups have provided the Department of Transportation with a list of issues they want considered in conjunction with the mandate, their support is not contingent on any of these being acted upon.

Some might find it a bit disingenuous of our politically and fiscally conservative industry to invite more cost and regulation into business for any reason. To “level the playing field” , “drive the bad actors out” or “ensure compliance” are all stated as the driving forces behind this acquiescence . What about all the safe, reputable carriers who are doing things right today? Despite having no history of violations indicating a need for this measure, they’ll be forced to incur additional, unnecessary cost in a fragile economy. As one of my friends (small carrier owner) says “whatever happened to being innocent until proven guilty”? This particular carrier is not unlike many thousands out there – they see their drivers regularly, operate safely, maintain their equipment and log legally. They don’t need this added burden as they try to grow their businesses and add jobs to our economy.

When a large carrier is notified of a full compliance review, invariably the concern within the company is to make sure the logs are in order. Competent staff on hand generally ensures that driver qualification files, maintenance records and drug and alcohol testing are taken care of in accordance with regulations. But the complex array of freight operations, myriad of shippers and the fact that fleet managers may have no personal contact with their drivers makes the record of duty status the one area that large carriers most fear in an audit. Having e-logs will eliminate many of the potential violations and may make perfect sense for the carrier. The on board equipment can also provide many additional bits of information for management – engine data, fuel tax reporting, geo fencing, etc. but it comes with a price. That price is a potential difficulty in competing for drivers in a market that will soon experience a tremendous shortage of safe, experienced and qualified drivers.

We have a useful, evolving tool in the new Safety Management System – Compliance, Safety, Accountability (CSA) . It is supposed to focus the limited resources of enforcement agencies onto those carriers and individual drivers whose roadside inspection history and/or crash history indicates the need for an intervention at some level. We should use CSA for the purpose it was intended for. Target those carriers who need intervention and if the results indicate a need for e-logging – mandate it for those deficient carriers.

Data provided by the USDOT for 2010 shows a 5.3% out of service rate for drivers and 20.0 % out of service for vehicles during roadside inspections. Using their own statistics, one could argue there is a four times more urgent need to mandate all carriers be enrolled in some form of mandatory, government run, vehicle maintenance consortium.


To add further insult to the injury is the announcement that FMCSA will be paying for the e-log equipment provided to the Mexican carriers operating on our roads. Could an administration be more blind to how it is viewed by the public it serves? The last election cycle clearly sent the message that Americans want smaller, more efficient government that does not impose unnecessary barriers to success on private business. Truckers realize there are NAFTA provisions and tariff considerations on the table but these should never trump common sense and good business practices. The DOT is most assuredly missing the mark on this issue and fuels a widely held belief that they’re trying to put smaller carriers out of business.

Make no mistake about it, this is a political issue and not one of safety. There are good things this DOT is doing – following though with CSA is one of them. The initiative to battle distracted driving is crucial and a great example of something all of us can get behind in an effort to make our shared roads safer. This industry recognizes that safety is good business and does it’s part to improve every day. We don’t need to roll over on something that does not return a benefit for the cost and intrusion incurred.

If you are against this proposed mandate, do not accept the inevitability of it becoming law. Let your elected officials know why it is bad for small business.

Latest Updates

Extra Enforcement for Hwy 43 Bridge in Winona

Courtesy MTA

The Minnesota Department of Transportation is seeking assistance in reminding the users of Mn/DOT Bridge 5900 (carrying Highway 43 over the main channel of the Mississippi River) that the bridge is posted at 40 tons gross weight per vehicle. Mn/DOT's Weigh-In-Motion (WIM) sensors and camera have detected a number of overweight vehicles are still illegally using this bridge.

Please advise users that Mn/DOT has requested additional enforcement efforts of the gross weight posting on this bridge. The posting was put into effect last June to reduce stresses on certain bridge members and reduce the need for repairs and associated traffic interruptions. More frequent repairs may be needed if Mn/DOT continues to see loading above the posted limits. The Highway 43 Bridge is posted at 40 tons gross weight per vehicle, regardless of the nature of the load (no exceptions for timber or agricultural products) or winter weight increases.



Seasonal Load Limits

Courtesy MTA

Spring truck weight limits in the central frost zone will end at 12:01 a.m. on May 4. On May 8, weight limits will be lifted in the north central and north frost zones as well, the Minnesota Department of Transportation announced.

When the limits end for the north central and north zones, spring weight limits will end statewide. Mn/DOT lifted weight limits in the south, southeastern and Twin Cities metropolitan area frost zones on April 27.

Spring load restrictions dates and the six frost zones in Minnesota are listed on the Mn/DOT Office of Materials' Web site: www.mrr.dot.state.mn.us. Click on "seasonal load limits," then click on "spring load restrictions." This Web site contains the most up-to-date information on spring load restrictions.

The ending dates for spring restrictions are based on how weather affects roadway strength. These dates are established by monitoring roadway strength as weather conditions change. All changes are made with a minimal three-day notice.

For the most current information, please go to Mn/DOT's automated message center for a taped message at 1-800/723-6543 for the U. S and Canada; call 651/366-5400 for information about the Minneapolis-St. Paul metropolitan area.


Barbara Kopka Promoted



Barbara Kopa has been promoted to Vice President of Drug and Alcohol Programs at Midwest Compliance Inc.



As a DATIA certified DER and CPC, Barb oversees all aspects of our federal and workplace drug and alcohol testing programs.

Midwest Compliance Opens New Site



We're excited about the opening of our new exam facility in the north metro area.

When your drivers need a DOT physical or a drug test, give us a call at 800-656-1396 to schedule an appointment.



We are located in the Truck Writers building in Blaine, on the west side of the 35W Service Road.




If you have questions, or would like additional information, give us a call we’d be happy to set up a consultation for you. Until then….take it one load at a time!

When a Positive is a Negative

Educate your drivers about the federal drug testing pitfalls!

by Sandra Brakstad, CEO
Midwest Compliance Inc.

Our industry has been testing drivers for controlled substances nearly seventeen years and carriers are still telling us “it’s not really a positive because the driver only took a couple of their spouses pain pills for a sore back…or the driver only took a spoonful of his son’s prescription cough syrup because they both have the same cold symptoms.”

Sorry, but in the above examples the test result will be deemed a positive test because the prescription drug ingested by the driver was not prescribed to the driver.

As you know, a positive result can set off a long chain of events;
1) The carrier must now direct the driver to a Substance Abuse Professional, (SAP), for an evaluation - usually at the driver’s expense.
2) Once evaluated, the driver may be directed to enroll in some type of therapy or at the very least an educational class, once again at his expense.
3) The therapy/education may take several weeks during which time the driver is not permitted to work in the capacity of performing a ‘safety-sensitive’ job. See 49CFR Part 382.107 for the definition of safety-sensitive function.
4) Once class time is completed, the driver must pass a return-to-duty drug/alcohol test, at his expense.
5) And if the carrier’s policy allows the driver to return to work or requires the driver to find another carrier to hire him; now the employing carrier must conduct the follow-up program prescribed by the SAP, which could run out over a 60 month period, and most likely the driver will have to pay for each follow-up test.

We live in a noisy, busy world and many of us do not want to take time from work for a doctor’s visit for an annoying back ache, or head cold. That’s understandable, but if you are enrolled in a controlled substance testing program, do not take someone else’s prescribed drugs! You might also suggest to your drivers they weigh the consequences of getting ‘caught’ and the time and money it will cost vs. a visit to the doctor ~ just saying.

As carriers, whether you are private or for-hire, most of you are required to have a federal testing program. You are also required to have a controlled substance testing policy written to the federal regs. (If you do not have one, visit www.midwestcompliance.com and customize your own policy.) You must ensure that each of your applicable drivers has read and signed an acknowledgment of understanding of this policy. The problem, as I see it, is many drivers do not read the policy and fail to understand the consequences of a simple act of medicating their symptoms with a family member’s prescript. To take it a step further, many of the people involved in qualifying / orienting their drivers have not read the companies policy either; or if they have, they fail to communicate the controlled substance no-no’s to the drivers.

Making certain your drivers are familiar with what constitutes a positive test result can save your company and your driver’s time and money. Below are the most common situations that will result in a positive test or be of a type that will carry the same consequences as a positive result:
• controlled substances in their system, not prescribed to them
• leaving the testing site before completion of the collection process once the process has begun
• obstructing the testing process in any way, (failing to cooperate)
• failing to appear for any test (except a pre-employment test) within a reasonable time period
• failing to permit a directly observed or monitored collection, when required
• failing to provide a sufficient amount of urine, when it has been determined through a medical evaluation that there was no medical explanation for the failure
• declining to take an additional drug test the employer or collector has directed
• possessing or wearing a prosthetic or other device that could be used to interfere with the collection
• adulterating or substituting the specimen

If you have questions, or would like additional information, give us a call we’d be happy to set up a consultation for you. Until next month….take it one load at a time!