Midwest Compliance Inc.

Speaking Up for the Little Guys

2011-04-27T11:17:00.000-07:00

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

2011-03-24T09:41:00.000-07:00

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

2011-03-16T12:38:00.000-07:00

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!

FMCSA Drops Cargo Insurance Requirement

2011-03-08T10:18:00.000-08:00

According to the FMCSA, after March 21, 2011, freight forwarders and for-hire carriers will no longer be required to maintain cargo insurance for freight lost or damaged in transit. The Federal Motor Carrier agency said it is removing the minimum insurance requirement, which provides cargo coverage up to $5,000 per vehicle or $10,000 per incident. “FMCSA does not believe it is necessary to mandate cargo insurance requirements for the benefit of most commercial shippers,” the agency stated in a notice published in the Federal Register last year.

"Regardless of whether a carrier has insurance, for-hire carriers can be held liable for any loss or damage to cargo under existing statutes", FMCSA said. "The law also allows carriers and shippers to negotiate a limit on the value of a load for insurance purposes. And shippers can purchase insurance directly, rather than rely on motor carriers or forwarders to provide such coverage." "The current cargo insurance requirement applies to less than half of regulated for-hire carriers", the agency noted.

Minimum cargo insurance requirements will remain in effect for carriers and forwarders of household goods. “The only shippers that FMCSA considered in need of the protection provided by the cargo insurance requirement are individuals who arrange to move their own household goods,” the agency said. “Such individuals are less knowledgeable about carrier liability requirements and need the protection afforded by the existing regulations.”

ATA: Research Flawed in FMCSA Study Used to Make Hours-of-Service Changes | Transport Topics Online | Trucking, Freight Transportation and Logistics News

2011-03-02T06:15:00.000-08:00

ATA: Research Flawed in FMCSA Study Used to Make Hours-of-Service Changes | Transport Topics Online | Trucking, Freight Transportation and Logistics News

Texting Ban Should Apply to ALL Drivers

2011-02-24T13:29:00.000-08:00

by Billy Woolsey, President
Midwest Compliance Inc.

“Dad , watch out for that idiot !” is how my 15 year old son in the passenger seat brought my attention to the mini-van veering into my lane. A quick glance revealed a driver with her head angled down towards the screen of a cell phone. Had this lady been operating a commercial motor vehicle, she would be subject to a $2750 ticket for herself and an $11,000 fine for her company. With a severity weight of 10 for this violation, their CSA scores would be hit as well. It is also a disqualifying offense for CDL holders.

Currently there are around 30 states that do ban texting while driving for everyone and another 8 who ban texting for novice (under age 18) drivers. Of course, since October 2010 , all CDL operators are banned by federal law from the practice. CMV drivers are, and certainly should be, held to a higher standard. The licensing requirements, drug and alcohol testing, oversight by Federal Motor Carrier Safety Administration and law enforcement agencies all place an added burden on commercial drivers as opposed to what the motoring public has. Yet, statistics invariably point to approximately 70 percent of accidents involving large trucks and cars being caused by ….. cars.

Each day I get a summary from FMCSA that details all fatal (or significant) crashes involving commercial motor vehicles. Many times the investigation report indicates that a “four wheeler” lost control, crossed the center line or blew through a stoplight and was subsequently struck by the commercial vehicle. No doubt much of this may be attributed to weather conditions. I saw a report a few weeks ago that there had been over 900 fatal accidents this year caused by snow or ice on the roadways. I live in Minnesota and know about snow and ice! It does make you question if a deeper investigation would ultimately show someone had been texting, reading emails or dialing a number when they “lost control in icy conditions”.

Personally, I’m very conservative and don’t like the “nanny state” approach to government regulations. I understand that seat belts absolutely save lives and the first thing I (and my passengers) do is buckle in. I don’t like it being mandatory though – it’s my responsibility and my safety at risk. Does anyone understand optional helmet use for motorcyclists under this concept? But, as the old adage goes – My right to swing my fist through the air ends at the tip of YOUR nose. Distracted driving doesn’t limit the risk to the person staring at a screen while steering a vehicle. Every time a driver decides to take their eyes off the road and read or compose a text message, it places your life and the lives of your loved ones in danger needlessly.

This should be a bipartisan issue. I encourage everyone to address this with their legislators.

Laundry List of FMCSA 'Proposed' Rules

2011-02-02T08:09:00.000-08:00

Since late December 2010, a slew of Proposed Rules have been published that will potentially affect our industry. You are urged to comment on these proposals:

Notice of Proposed Rule - Released by FMCSA on 01-31-11:
Electronic On-Board Recorders and Hours of Service Supporting Documents
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require certain motor carriers operating commercial motor vehicles (CMVs) in interstate commerce to use electronic on-board recorders (EOBRs) to document their drivers’ hours of service (HOS). Under this proposal, all motor carriers currently required to maintain Records of Duty Status (RODS) for HOS record keeping would be required to use EOBRs to systematically and effectively monitor their drivers’ compliance with HOS requirements.

Additionally, this proposal sets forth the supporting documents that all motor carriers currently required to use RODS would still be required to obtain and keep, as required by section 113(a) of the Hazardous Materials Transportation Authorization Act (HMTAA). It explains, however, that although motor carriers subject to the proposed EOBR requirements would still need to retain some supporting documents, they would be
relieved of the requirements to retain supporting documents to verify driving time. FMCSA also proposes to require all motor carriers-- both RODS and time card users-- to systematically monitor their drivers’ compliance with HOS requirements. Motor carriers would be given 3 years after the effective date of the final rule to comply with these requirements.

Last year, the U.S. Court of Appeals for DC ordered FMCSA to issue a notice of proposed rule making (NPRM) on HOS supporting documents by the end of the year. In December, the court gave the agency another month - until January 31 - to comply. The court order stemmed from a lawsuit that ATA filed just over a year ago to compel FMCSA to move forward with a regulation as mandated by Congress in the mid-1990s. By the time ATA filed its lawsuit, FMCSA had already announced that it was planning to link new regulations on supporting documents to an expansion of the EOBR mandate. FMCSA says the supporting documents of this new proposal fulfills the court's order. In addition, FMCSA issued a final rule in April 2010 requiring carriers that have a history of serious log violations to install EOBRs. That rule takes effect in June 2012. Carriers that violate this EOBR requirement would face civil penalties of up to $11,000 for each offense. Noncompliance would also negatively impact a carrier's safety fitness rating and DOT operating authority.

The comment period begins once the proposed rule is published in the Federal Register. The proposal can be accessed here.

Highway-Rail Grade Crossing; Safe Clearance
Publication Date 01/28/11
Comment By Date 03/29/2011

SUMMARY: FMCSA and PHMSA propose to amend the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs), respectively, to prohibit a motor vehicle driver from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping.

Click here to read the proposal and instructions for filing comments.

Hours of Service
Publication Date: 12/29/10
Comment By Date: 02/28/11
SUMMARY: To promote safety and to protect driver health, FMCSA proposes to revise the regulations for hours of service for drivers of property- carrying commercial motor vehicles (CMVs). To achieve these goals, the proposed rule would provide flexibility for drivers to take breaks when needed and would reduce safety and health risks associated with long hours. The proposed rule would make seven changes from current requirements. First, the proposed rule would limit drivers to either 10 or 11 hours of driving time following a period of at least 10 consecutive hours off duty; on the basis of all relevant considerations, FMCSA currently favors a 10-hour limit, but its ultimate decision will include a careful consideration of comments and any additional data received. Second, it would limit the standard ``driving window'' to 14 hours, while allowing that number to be extended to 16 hours twice a week. Third, actual duty time within the driving window would be limited to 13 hours. Fourth, drivers would be permitted to drive only if 7 hours or less have passed since their last off-duty or sleeper-berth period of at least 30 minutes. Fifth, the 34- hour restart would be retained, subject to certain limits: The restart would have to include two periods between midnight and 6 a.m. and could be started no sooner than 168 hours (7 days) after the beginning of the previously designated restart. Sixth, the definition of ``on duty'' would be revised to allow some time spent in or on the CMV to be logged as off duty. Seventh, the oilfield operations exception would be revised to clarify the language on waiting time and to state that waiting time would not be included in the calculation of the driving window.

Click here to read the proposal and for comment instructions.

Restricting the use of Cellular Phones
Publication Date: 12/21/2010
Comment By Date: 02/22/2011

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. The Agency proposes new driver disqualification sanctions for interstate drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, interstate motor carriers would be prohibited from requiring or allowing drivers of CMVs to engage in the use of a hand-held mobile telephone while operating in interstate commerce. This rulemaking would improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.

Click here to access the proposal and instructions for filing comments

Midwest Compliance Inc. is your 'One Stop Shop' for all your compliance needs.

Pipeline and Hazardous Materials Safety Administration Special Permits and Approvals Update

2011-01-02T13:43:00.000-08:00

Special Permits and Approvals Online

NEW On-Line Special Permit & Approval Application Process - provides faster processing/turnaround time, 24/7 access, immediate confirmation and tracking #, ability to attach supporting docs, and ease of submitting multiple applications!

Attention: We have been alerted of a potential phishing web site not associated with PHMSA collecting data for Fireworks (EX) Number Applications. It is highly advised that you do not submit application data on any other web site not sanctioned by PHMSA.

The Pipeline and Hazardous Materials Safety Administration has the primary responsibility for the issuance of DOT Special Permits and Approvals to the Hazardous Materials Regulations (HMR). A Special Permit or Approval is a document which authorizes a person to perform a function that is not currently authorized under the authority of the HMR. Also, in many instances, the Regulations require approvals and/or registrations prior to transportation in commerce. Further information regarding the functions of the office and the similarities and differences between special permits and approvals are set forth below.

If you have any questions regarding the information contained below contact the Office of Hazardous Materials Special Permits and Approvals either by telephone 202-366-4535 or by email form.

CSA - say what?

2010-12-16T13:06:00.000-08:00

By now you already realize that CSA, (formerly CSA 2010) is online for the general public. Be sure to take a look at the 'public' site to see the information your customers, competitors, insurance agents, and brokers will see. We've spent time (way too much time) checking it out. You will need to be patient due to the high volume of on-lookers, which has created extremely slow site access.

It might be of interest to you, (or maybe not), that the acronym CSA no longer stands for Comprehensive Safety Analysis. You will now see, once you finally gain access to the site, the new title is; 'Compliance, Safety, Accountability.' You will also see that the term 'Deficient' no longer applies to any of your BASIC's, instead you will see 'Alert.' This term is the Feds attempt to soften the interpretation the public gleans from the site; and hopefully you won't have a broker or shipper denying you the load because you are 'deficient.' We'll see, no one really knows what the non-carrier public will read into the word 'alert.'

As of today, full state implementation of CSA may not happen before year end...we'll keep you posted as soon as we hear more.

Regardless of the terminology, it is of vital importance as a carrier to be mindful of your scores and to 'clean-up' any problem areas that the site 'alerts' you to. If you need help understanding how to do this, remember; "ONE CALL, we'll take care of you..."

FMCSA to Publish New Regs before Year End

2010-12-07T06:35:00.000-08:00

The long awaited revisions to the hours-of-service rule and the EOBR requirements may be published by December 31, according to FMCSA Administrator Anne Ferro, as she addressed a freight transportation group in D.C. on December 1st.

According to Ferro, the HOS revisions were expected to be published this past October but remain under review by the White House Office of Management and Budget.
“We all know that rule is at OMB,” she said, “and that rule will be published as soon as OMB is finished with its review. We’re hoping, certainly by the end of this year, that’s our goal.”

Ferro said she couldn’t discuss what was in the rule, joking that the words “hours of service [are] about as much as I can say.”

In addition to the hours rule, Ferro said the agency would have its expanded electronic onboard recorder proposal “on the street at the end of this year.”

That rule, she said, “takes us beyond what we have today, which is a remedial EOBR rule that applies a requirement for EOBRs to carriers who have a higher violation rate in their hours-of-service noncompliance and driver-log noncompliance.”

FMCSA sent its EOBR proposal to OMB on Nov. 29. The new proposal “is combined with a supporting-documents rule because the two go hand in hand in terms of what technology does and what kind of record keeping is required,” she said.

The supporting-documents rule outlines the paperwork that truckers are required to retain to back up driver logs.

Ferro added that while finishing work on the combined EOBR-supporting documents rule by the end of the year “was already our goal,” a lawsuit brought by American Trucking Associations to force publication of a supporting documents rule “underscored the importance of our goal.”

A third rule Ferro said she expects to be published in the next four weeks is the second in a series of distracted-driving regulations.

“We put in place, in less than a year, a rule that bans texting by commercial vehicle operators that took effect Oct. 27,” she said, “and we do have a proposed rule at OMB that would restrict the use of cell phones by commercial vehicle operators.”

Update on CSA Program Nationwide Launch Date

2010-12-02T09:28:00.000-08:00

On November 30, 2010 the Federal Motor Carrier Safety Administration announced yet another delay in the roll-out of the Compliance Safety Accountability, (CSA 2010) program. The following brief statement appeared on their website:

"The Compliance Safety Accountability (CSA) program’s national rollout will occur no earlier than December 12, 2010, despite reports to the contrary. We appreciate the continued support as the Federal Motor Carrier Safety Administration (FMCSA) moves forward towards implementing this important new safety enforcement and compliance program."

This statement implies that there may be further delays. Initially the rollout was scheduled for July 2010, then delayed until November, now December 12th. Last week three industry trade groups filed a motion asking the District of Columbia Court of Appeals to block the rollout until the FMCSA completes a rulemaking on the new program.

Trucking Groups Plan Suit to Stop CSA Data Release | Transport Topics Online | Trucking, Freight Transportation and Logistics News

2010-11-29T07:37:00.000-08:00

Trucking Groups Plan Suit to Stop CSA Data Release | Transport Topics Online | Trucking, Freight Transportation and Logistics News

Week in Review

2010-11-09T08:06:00.000-08:00

News From Commercial Vehicle Safety Alliance

The inaugural International Conference on Commercial Driver Health and Wellness
is taking place this week in Baltimore. According to the Centers for Disease
Control, the average life expectancy for a commercial truck driver is 61 years
-- 16 years less than the national average. Fifty percent of truck drivers are
overweight or obese compared to only 33 percent of the general adult
population. Fifty-four percent smoke cigarettes and only 8 percent exercise.
Among the general adult population, only 21 percent smoke, and 49 percent
exercise regularly. Speaking at the conference opening, Administrator Ferro
said, “We can’t sustain figures like that and expect individuals to be healthy
contributors to their workplace and their families, and from my perspective,
safe on the roadways.”

State Patrol Resumes Fatigue Enforcement
Courtesy Minnesota Trucking Association

The Minnesota State Patrol has confirmed that it has re-instituted roadside
enforcement of fatigue among truck drivers. Such enforcement was temporarily
suspended since September 2 while the State Patrol Commercial Motor Vehicle
Section revised its policies and retrained all of its officers.

"All of our officers have undergone some increased training including
constitutional rights, how to detect impairment at roadside, how to properly
document that impairment," said Major Kent O'Grady. "We've got increased
supervision in the program. Before somebody is placed out-of- service for
illness or fatigue by a Minnesota State Patrol employee, that decision needs to
be run past an on-duty supervisor."

In a related matter, the court has not yet ruled in the federal lawsuit
brought against the State Patrol by the Owner-Operator Independent Drivers
Association. A ruling is expected shortly.

FMCSA Orders Colorado Fleet to Install EOBRs

Courtesy Transport Topics

The Federal Motor Carrier Safety Administration has ordered a Colorado carrier
to install electronic on-board recorders on its fleet by March, after deeming
the trucking company in violation of federal hours of service rules.

FMCSA ordered JBS Carriers Inc., Greeley, Colo., to install the devices after
the agency’s western service center found the company “in serious violation of
federal HOS rules and commercial driver’s license requirements,” FMCSA said in
a statement.

The order was believed to be the first of its kind. If JBS fails to comply, it
is subject to $81,780 in fines. Earlier this year, FMCSA finalized an EOBR rule
that requires fleets with violations to install the devices. Since then, five
large fleets backed a bill that would require EOBRs.

Ban on Texting Effective October 27 2010

2010-10-28T11:50:00.000-07:00

The Final Rule prohibiting texting while operating a commercial motor vehicle went into effect yesterday, October 27, 2010.

You can read about the prohibition against texting in 49 CFR Part 392 in the new Subpart H; the final rule also amends parts 390 and 391. Part 392 clearly states that “drivers shall not participate in texting while driving and motor carriers must not allow or require their drivers to text while driving."

To shed light on the ban, the following definitions were added to 49 CFR 390.5:
1) Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text.

2) Texting means manually entering alphanumeric text or reading text from an electronic device. This action includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or electronic text entry for present or future communication.

Texting does not include:
a. Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call;
b. Inputting, selecting or reading information on a global positioning system or navigation system; or
c. Using a device capable of performing multiple functions (e.g. fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in part 392.

Fair warning about rigid penalties:
Texting while driving carries a 10-point severity weight rating and counts against both the carrier and the driver, under Comprehensive Safety Analysis (CSA 2010). Drivers who violate the texting rule face fines of up to $2,750 and carriers may be fined up to $11,000. Texting behind the wheel is also a disqualifying offense for CDL drivers (see Table 2 part 383.51); “A driver who is convicted of violating the texting ban twice in a three-year period is disqualified for 60 days. Three or more violations in a three-year period, and the driver is disqualified for 120 days.”

Please tell your drivers about the new rules! This is also a good time to review your driver safety policy to be sure that it is aligned with the texting ban – if you need help, give us a call!

Tell Your Drivers Ban on Texting is Official

2010-10-15T13:38:00.000-07:00

In a final rule published in the Federal Register on September 27, 2010, the FMCSA prohibits texting by commercial motor vehicle drivers (of trucks and buses) while operating in interstate commerce; and imposes sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with this rule.

FMCSA prohibits motor carriers from requiring or allowing their drivers to text while driving. Additionally, many States have adopted a ban against texting for all drivers. The federal ban was also added to the list of disqualifying offenses for commercial driver licenses regulations, as "a conviction under state or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a commercial vehicle".

Midwest Compliance recommends you add the texting ban to your driver's Safety Policy. If you need help developing a safety policy, give us a call - 800-656-1396.

Give Your Drivers a Heads-up "Operation Safe Driver" coming October 17 - 23

2010-10-15T13:30:00.000-07:00

In an attempt to eliminate crash related deaths caused by unsafe and aggressive driving practices by both passenger and commercial vehicle drivers, each year in October, law enforcement across North America targets these drivers during CVSA's “Operation Safe Driver” campaign.

This campaign began in 2007 as a collaborative effort of the Commercial Vehicle Safety Alliance, the Federal Motor Carrier Safety Administration, and state, provincial, and local law enforcement personnel to combat the number of deaths resulting from crashes involving large trucks, buses, and passenger vehicles.

During Operation Safe Driver — held across the United States, Canada, and Mexico — CVSA aims to increase:
* Commercial vehicle and non-commercial vehicle traffic enforcement;
* Safety belt enforcement;
* Driver roadside inspections;
* Driver regulatory compliance;
* Implementation of commercial driver educational and awareness programs to
the motor carrier population; and
* Awareness to the motoring public about safe operations around commercial
motor vehicles.
To learn more visit Commercial Vehicle Safety Alliance

Scammers Seeking Financial Information From Carriers

2010-08-24T14:21:00.000-07:00

The Department of Transportation is notifying carriers that a fraudulent letter requesting financial information is making the rounds. Similar to the letter that surfaced in April ,2010 the letter is again signed by Julie P. Wenzel, Senior Procurement Officer. A second page titled Authorization to release financial information , request your bank’s name and your organization’s operating account number along with the name and signature of those individuals who can sign bank documents.
The Department of Transportation wants companies to know that no financial information is required in order to be eligible for procurement.
The letter making the rounds states:
Dear Sirs,
Our records show that you are currently registered as a prospective contractor for procurement issued by the U.S. Department of Transportation. However after reviewing your record we have noticed that you have not submitted your financial release form.
Your financial institution’s privacy policy may not allow it to release your financial information even to government institutions without your consent; therefore we must have such form on file before we can move on with any procurement decisions.
In September 2010, the procurement plan for the fourth quarter of 2010 will be finalized. To be eligible for procurement with the U.S. Department of Transportation, you must submit the abovementioned form to us by fax at 202-652-4310.
Please make sure your fax is preceded by a cover letter so we can correctly identify your company.
Sincerely yours,
Julie P. Wenzel
Senior Procurement Officer
The Department of Transportation is asking that if your organization receives a similar letter to the one above that you NOT send any information to the fax number provided and contact the Department of Transportation Office of the Inspector General Hotline at 1-800-424-9071. You can also go to the DOT website for more information about fraudulent letters at http://www.dot.gov/ost/m60/fraudulent_letters.htm

Don’t throw away your records!

2010-08-24T13:09:00.001-07:00

According to 49CFR §382.601, as an employer you have an obligation to make known to prospective drivers meeting the requirements of commercial driver’s license of part 383, that you have a policy on the misuse of alcohol and use of controlled substances.

You must retain for 2 years, the signed Acknowledgment Page of the Drug and Alcohol Policy, proving that you showed them your policy, for all person’s that you pre-employment drug tested, and did not hire.

If you are enrolled in our Level II services, rest assured that we are already meeting the retention requirements for the drivers that you hired.

Minnesota CDL Skills Test to Change September 1, 2010

2010-08-24T11:44:00.000-07:00

New Pre-trip Inspection and Basic Skills Requirements Improve Safety
ST. PAUL — DEPARTMENT OF PUBLIC SAFETY

The process of obtaining a Minnesota commercial driver’s license (CDL) will change on Sept. 1, 2010 when the state adopts federally-proposed road-testing procedures that call for a full, walk-around pre-trip inspection and the addition of offset backing to the basic control skills section of the test.

Deb Carlson, exam program manager for the Department of Public Safety Driver and Vehicle Services Division, says the changes will result in more thorough examination of drivers’ knowledge and skills. “A higher quality driver” she says, “ultimately will create safer roads for everyone.”

The pre-trip inspection is the process whereby a driver determines that a vehicle is safe to operate. Under new requirements, the driver will perform an all-inclusive, walk-around vehicle inspection.

In the Basic Control section of the CDL road test, new regulations require a demonstration of “offset backing” skills in which the driver must back the vehicle, either to the right or left, into an adjacent lane.

Addition of the walk-around inspection and the backing requirement will lengthen the road test procedure by at least 30 minutes.

For more information about CDL road-test changes, visit a driver exam station or consult the Minnesota Commercial Driver’s Manual online at www.dps.state.mn.us; click “Driver and Vehicle Services” and select “Manuals” from the left menu. Find the commercial vehicle pre-trip inspection checklist on page 9 of Section 10. An offset backing diagram is located on page 3 of Section 11.

CSA BASIC Thresholds Changed July 2010

2010-08-16T13:59:00.000-07:00

The thresholds for the Behavioral Analysis and Safety Improvement Categories, "BASICS" have changed. Of the seven BASICS, three of the thresholds have been lowered; Unsafe Driving, Fatigued Driving (Hours of Service), and Crash Indicator. Four have been raised; Driver Fitness, Controlled Substances and Alcohol, Vehicle Maintenance and Cargo Related.

The change is due in part to adding Vehicle Miles Traveled "VMT" to the scoring methodology.

The thresholds for Unsafe Driving, Fatigued Driving, and Crash Indicators were lowered to: General carriers 65%; HazMat carriers 60%; and Passenger carriers 50%.

The remaining thresholds were raised as follows: General carriers 80%, HazMat carriers 75%, and Passenger carriers 65%.

Midwest Compliance Inc offers web training on CSA, give us a call 800-656-1396.

FMCSA Administrator Anne Ferro Address MTA Annual Conference Attendees

2010-08-09T12:40:00.000-07:00

The Minnesota Trucking Association (MTA) annual conference, held August 3 - 5, 2010, was packed full of important information. Administrator Anne Ferro provided the following information, which applies to both interstate and intrastate carriers; for-hire and private carriers, and carriers of both property and passengers:

The U. S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is pleased to announce the next step in the phased roll-out of Comprehensive Safety Analysis 2010 (CSA 2010).

Motor Carrier Data Preview:

In April 2010, FMCSA launched the CSA 2010 Data Preview Website which allowed commercial motor vehicle carriers to view an inventory of their safety performance data by the new Safety Measurement System’s (SMS) Behavior Analysis and Safety Improvement Categories (BASICs).

On August 16, 2010, FMCSA will update the Data Preview Website by providing carriers with an assessment of where they stand in each BASIC based on roadside data and investigation findings. The SMS’s seven BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. The BASICs will replace SafeStat’s Safety Evaluation Areas (SEAs) in December 2010, and this early look gives motor carriers an opportunity to understand and address their safety compliance issues right away.

Recent Updates to SMS:

The Data Preview assessments will be based on an improved SMS methodology. As a result of input from enforcement personnel, industry representatives, and safety experts, as well as findings from an extensive, 30-month field test, FMCSA is implementing several updates to the SMS that will make it more effective in identifying high risk and other carriers with safety compliance problems. Specifically:

The measure of exposure will be changed from Power Units (PUs) only to a combination of PUs and Vehicle Miles Travelled (VMT) in the Unsafe Driving BASIC and Crash Indicator. In addition, these two BASICs will change from using PUs as a safety event grouping (formerly referred to as peer grouping) to using the number of crashes for the Crash Indicator and the number of inspections with a violation for the Unsafe Driving BASIC.

The measure of exposure will change from PUs to the number of relevant inspections in the Controlled Substances/Alcohol BASIC;

Severity weights for some roadside inspection violations will be updated; and The Agency will employ a more strategic approach to addressing motor carriers with a history of size and weight violations rather than counting these violations in the Cargo-Related BASIC; the new approach will include alerts to roadside inspectors when carriers have a history of size and weight violations.

These enhancements will allow the Agency to more effectively identify motor carriers with safety performance and compliance problems thereby raising the bar for safety on the Nation’s roads. For additional details about the Data Preview and the improvements to the SMS, visit:

http://csa2010.fmcsa.dot.gov/Documents/SMSImprovementsFAQs.pdf

To learn more about CSA 2010, and to stay updated during the coming months, subscribe to the CSA 2010 RSS feed or email list at http://csa2010.fmcsa.dot.gov.

Thank You,
CSA 2010 Web Team
USDOT/Federal Motor Carrier Safety Administration

Minnesota Trucking Related Fatalities: Lowest in 10 Years

2010-07-29T10:32:00.000-07:00

Courtesy MTA

Continuing a downward trend, cars and trucks collided less often in Minnesota during the past year than any year in the last decade.

According to statistics reported in the latest edition of Minnesota Motor Vehicle Crash Facts, published by the Minnesota Department of Public Safety, the number of truck-related fatalities has trended downward from 94 in 1999 to 58 in 2009 showing a 38.2% decrease. This is the lowest number in 10 years.

The safety report for the last year shows the trend continues with a 26.5% decrease of fatal crashes from 2008 to 2009.

"Preventing crashes is the number one priority of every professional truck driver," said John Hausladen, president of the Minnesota Trucking Association. "This data is welcome news and a real encouragement to our on-going safety efforts. Most people don't realize that the safest drivers on the road are truck drivers."

The Minnesota Trucking Association (MTA) has advanced a number of safety initiatives in recent years, including the recent "Keep Both Hands on the Wheel" safety campaign encouraging drivers to put down the cell phones and focus on driving. The MTA has been a key partner in the state's Towards Zero Deaths initiative and actively lobbied to pass the state's primary seatbelt law in 2009. In the past, the organization has also called for a national maximum 65 mile per hour speed limit for all vehicles.

15 Tips to Reduce Distracted Driving Injuries

2010-07-29T10:28:00.000-07:00

Georgia became the 26th state to ban texting while driving On July 1, 2010.
Various other states are considering similar laws). Safe driving laws – like NO texting while driving – are designed to protect the public, but an important side effect of safe driving laws is a reduction in the number of workers'
compensation injuries, deaths and claims. Automobile and truck accidents are the leading cause of workplace deaths, with 1,300 work-related traffic fatalities each year. So, while this may sound like common sense, it bears repeating….

There are strong reasons states ban texting while driving. According to a study by the Virginia Tech Transportation Institute, a truck driver texting while driving is 23.2 times more likely to be involved in a traffic accident than a truck driver who is not distracted and paying full attention to driving. In fact, texting while driving is 6 times more likely to result in a traffic accident than driving while intoxicated. Other facts from their study include:

1. A truck driver dialing a cell phone is 5.9 times more likely to crash
than a non-distracted driver.
2. A car driver dialing a cell phone is 2.8 times more likely to crash
than a non-distracted driver.
3. A truck driver reaching for a cell phone is 6.7 times more likely to
crash than a non-distracted driver.
4. A car driver reaching for a cell phone is 1.4 times more likely to
crash than a non-distracted driver.
5. A car driver talking on a cell phone is 1.3 times more likely to crash
than a non-distracted driver.
6. For every 6 seconds a driver spends texting, 4.6 of those seconds
are with their eyes off the road, which makes texting the most dangerous cell phone activity.

Employers who haven't already instituted a “no texting or cell phone use while driving” policy should do so. Not only is your company more exposed to workers compensation claims from your distracted drivers, your company is also more exposed to liability claims and lawsuits arising out of the traffic accidents.

Texting and talking on a cell phone are not the only ways employees end up in work-related traffic accidents. If your company does not already have a safe driving program, it should institute one to address the various causes of accidents. The program does not have to be complex. It should use common sense and easy to understand principles of safety. For instance, you could include in your safe driving program rules such as:

1. Always wear a seatbelt and shoulder harness.
2. Never drive under the influence of medications, alcohol or illicit drugs.
3. Always obey all speed limits.
4. Always pay attention and be alert.
5. Slow down in bad weather – fog, rain & snow.
6. Leave early with plenty of time to make your destination on time.
7. Remain calm, chill out and avoid any type of road confrontation.
8. Select the safest route.
9. Never drive while tired or sleepy.
10. Keep a safe distance from vehicles in front of you and behind you.
11. Drive defensively at all times.

Many vehicle safety programs can be found on the internet, both for sale and for free. If you do not already have a safe driving policy as part of your safety program, it is strongly recommend you create one. Every delivery truck driver, every traveling salesman, any employee with a company car or any employee operating a personal car on company business should be included in your safe driver program.

From a liability standpoint, your safe driving programs should include:

1. A traffic violations record check on every person operating a vehicle
on company business.
2. A policy of not allowing anyone with a DUI conviction to operate a
company vehicle or a privately owned vehicle on company business.
3. A policy of not allowing anyone with a set number of points (your
company decides how many) to operate a company vehicle or a privately owned vehicle on company business.
4. Road testing the driver's ability if the primary job function is
operating a vehicle.

Drivers are not the only ones who can be involved in traffic accidents. Road construction and road maintenance workers are exposed to injuries from traffic. Police, emergency responders and tow truck drivers can also be injured due to traffic. If you have any employees in these categories they definitely need to be included in your safety program.

Often a company's safety program is designed to mitigate and minimize on premise accidents. However, failure to consider driver safety can result in an increase in your workers compensation exposure. A good safe driving program is an important part of a complete safety program.

Author Rebecca Shafer, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.
This message was sent by: Truck Writers, Inc., 8970 West 35W Service Drive NE Suite200, Minneapolis, MN 55449-6744

FMCSA Proposed to Extend HOS Waiver for Anhydrous Ammonia

2010-07-29T08:45:00.000-07:00

Courtesy MTA

The Federal Motor Carrier Safety Administration has announced that it is proposing a two-year, limited exemption from the federal hours-of-service (HOS) regulations for the transportation of anhydrous ammonia from any distribution point to a local farm retailer or to the ultimate consumer, and from a local farm retailer to the ultimate consumer, as long as the transportation takes place within a 100 air-mile radius of the retail or wholesale distribution point. This move would extend the 90 day waiver, which was announced on March 22, for motor carriers engaged in the distribution of anhydrous ammonia during the 2010 spring planting season. This proposal is open for a 30-day comment period before it can be finalized.

This proposed two-year period is a significant development and the agency used very positive language in the announcement, stating that it believes the proposed exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption, based on the terms and conditions imposed.

Update on Cell Phone Usage Bans

2010-07-21T09:50:00.000-07:00

Source: Minnesota Trucking Association July 20, 2010

Eight states, eight of the ten Canadian provinces, and the District of Columbia now have laws that prohibit making calls on a cell-phone while driving, unless the phone is in a hands-free mode. The laws of Connecticut, New York, New Jersey, D.C., California, Oregon, and Washington State are in effect; the one in Maryland is effective in October, and Delaware's in January 2011. In Canada, all the provinces but Alberta in the west and New Brunswick in the east have such prohibitions, and these last two provinces are said to be considering one too. In Washington State, using a cell-phone became a primary offense last month. The state police there say it's their impression that compliance is somewhat better because of it, although they still issued some 670 tickets during the first three weeks after the change.