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April 2014

Presented by Stacey Dove, SEE, Inc.

Safety & Compliance for the

Commercial Fleet Manager

Risk management

considerations for today:

•Safety status from a regulatory compliance

perspective.

•Fleet safety & training with an emphasis on

fatigue and distraction.

Exposure

•Roadway crashes are the leading cause of occupational

fatalities in the U.S. Death from roadway crashes led all

other causes, making up 22% of workplace deaths. DHHS

Publication No. 2004-137

•Human costs

•Productivity concerns

•Image exposure

•Regulatory compliance challenges

•Economical concerns – equipment costs, insurance rates,

criminal & civil litigation, fines, potential shut-down of your

fleet.

Comprehensive Approach to Fleet Safety

•A comprehensive approach to fleet safety should include

an investment in all of the following:

•Accountability – written policy & procedure.

•Regulatory compliance – DQ, D&A, H.O.S., Vehicle

Maintenance, DVIR’s, D.O.T. SMS, etc.

•Driver Screening – employment background, driving

history, driving evaluations.

•On-going training to improve knowledge and performance

for both drivers and those who manage them.

FMCSA regulations – applicability

•Intrastate vs Interstate

• intra subject to existing state law

•Any business operating a CMV:

•GVWR 10,001 pounds or greater

•Placarded quantities of hazardous materials

•Transportation of passengers

•8 or more passengers including the driver for compensation

•15 or more passenger including the driver – not for comp

Compliance Categories

•Factor 1 – General – Parts 387, 390

•Factor 2 – Driver – Parts 382, 383, 391

•Factor 3 – Operational – Parts 392, 395

•Factor 4 – Vehicle – Parts 393, 396

•Factor 5 – HazMat – Parts 171, 177, 180, 397

•Factor 6 – Accident (RAR per million miles)

Factor 1 – General – Parts 387, 390

•387.7 - MCS90 – proof of financial responsibility

•390.19 - MCS150 – bienniel registration update

•BOC3 – service process agents

•390.15(b)(1) Accident Register

•Accident records

•390.3(e)(1) Every employer shall be knowledgeable

and comply….

•390.3(e)(2) Every driver and employee shall be

instructed…

Factor 2 – Driver – Parts 382, 383, 391

•382 – Drug & Alcohol •Testing rates, compliant program, driver & supervisor training,

appropriate separation of CDL & Non-CDL pools

•383 – Commercial Driver’s License (CDL) •Proper Class license and endorsements

•Entry-level driver training (after June 2003)

•391 – Driver Qualification •DQ file current & complete - including appropriate application

•Road tests – CDL vs Non-CDL

•Driver renewals – license, medical, mva record, driver’s statement,

annual review

•Appropriate storage of medical & D&A records

•National Medical Examiner’s Registry

Factor 3 – Operational – Parts 392, 395

•Part 392 – ill or fatigued operators, D & A

prohibitions, speed schedules, equipment

inspection & use, emergency equipment,

inspection of cargo securement, railroad grade

crossings, stopped vehicles, fueling, unauthorized

passengers, texting, hand-held cell phones, etc.

Factor 3 – Operational – Parts 392, 395

•Part 395 – Hours of Service – general rules •6 month retention

•Supporting documentation

•Passenger carrying

•Property carrying

•Standard Rules

10 hour break, 11 driving, 14 consecutive, 60hr/7day or 70hr/8day

•100 air-mile radius exemption (CDL local)

•150 air-mile radius exemption (non-CDL local)

•16 hour exemption

•34 hour restart

Factor 4 – Vehicle – Parts 393, 396

•Part 393 – Parts & Accessories •393.100 Subpart I – Protection Against Shifting & Falling Cargo

•Part 396 – Inspection, Repair, & Maintenance •396.3(b) vehicle maintenance files

•Labeled with company unit number, make, serial #, year, tire size

•Include all maintenance & repair records

•396.11 DVIR’s (post –trip)

•396.13 Pre-trip

•396.17 Periodic Inspection (federal annual)

•396.19 Inspector qualifications

Factor 5 – HazMat – Parts 171, 177, 180, 397

•172.404 Security Plans & Training

•General Awareness, Function Specific, Driver,

Safety, Security, Security Plans, In-Depth Security

•Record keeping / manifests

•Hazardous Materials Certificate of Registration

Factor 6 – Accident (RAR per million miles)

Formula

# of DOT Recordable Accidents X 1,000,000

# of miles driven past 12 months

If the result (RAR) is greater than 1.5, then the best safety

rating is “Conditional.”

Determining the Individual Factor Ratings

Part 385 Appendix B - For each instance of an

acute regulation or a pattern of non-compliance

with a critical regulation, one point will be assigned

for that Factor. However, HOS violations carry two

points.

Satisfactory – if the acute & critical = 0 points

Conditional – if the acute & critical = 1 point

Unsatisfactory – if the acute & critical = 2 or more

Determining the Carrier Safety Rating

Part 385 Appendix B –

Motor Carrier Safety Rating Table

Unsatisfactory Conditional Overall Safety

rating

0 2 or fewer Satisfactory

0 more than 2 Conditional

1 2 or fewer Conditional

1 more than 2 Unsatisfactory

2 or more 0 or more Unsatisfactory

SaferSys & CSA

SaferSys

https://safer.fmcsa.dot.gov/CompanySnapshot.aspx

CSA

http://ai.fmcsa.dot.gov/SMS/Default.aspx

Example – USDOT number 1052364 or 2309582

DRIVER TRAINING & ASSESSMENT

Fatigue & Distraction.

Collision Costs

Crash Type

Fatal

Injury

Property

Cost/Crash

$3,604,518

$195,258

$15,114

# in 2005

4,551

78,000

341,000

Total

$16,404,161,418

$15,230,124,000

$5,153,874,000

http://ai.volpe.dot.gov/CarrierResearchResults/HTML/2009Crashfacts/tbl71.htm

http://ai.volpe.dot.gov/CarrierResearchResults/HTML/2009Crashfacts/tbl71.htm

Collision Costs

Crash Type

Fatal

Injury

Property

Cost/Crash

$7,236,000

$321,000

$13,000

# in 2009

3,380

75,000

232,000

Total

$21,983,000,000

$16,531,000,000

$2,793,000,000

Current U.S. Statistics

•Over 32,000 annual fatalities.

•Over 2.2 million annual injuries.

•Over 5.3 million police- reported vehicle crashes.

•Avg. over 6,145 injuries per day.

•Avg. of 90 fatalities per day.

•Avg. over 4 injuries per hour.

•Avg. of 1 fatality every 16 minutes.

Statistics from NHTSA Traffic Safety Facts 2011

Local Annual Statistics

•MD - 493 traffic fatalities

•PA – 1,256 traffic fatalities.

•DC – 24 traffic fatalities.

•DE – 101 traffic fatalities.

•VA – 758 traffic fatalities.

•Maryland Annual

• 95,349 crashes

• 48,143 injuries

2010 Data Statistics from NHTSA Traffic Safety Facts 2012

2009 Data Statistics from Maryland Traffic Safety Factbook 2011

The Reality of Risk

Data from Heinrich’s Triangle combined with NHTSA Traffic Safety Facts 2010 Normalized Data Using Heinrich’s Triangle

Source: http://scholar.lib.vt.edu/theses/available/etd-07272000=08470013/unrestricted/Hanowski ETD.pdt

51,100 Driver Error 1,875,372,000

3,169 Near Miss 104,238,000

1,452 Citations Issued 59,617,668

290 Vehicles Involved 9,563,107

164 Total Collisions 5,389,000

62 Injuries 2,243,000

1 Deaths 32,885

Challenges

• Driver education with specific regards to

• fatigue,

• distraction,

• risk acceptance.

What is fatigue?

Fatigue is the body’s response to continued physical

or mental activity or sleep loss, characterized by:

• diminished ability to do work, loss of attention,

slower reactions, poor response, deterioration of

vigilance and alertness, impaired judgment, and

other problems;

• subjective feelings of tiredness, loss of

motivation, desire for rest

Fatigue is not hours of service; fatigue is not

simply falling asleep.

Causes of Fatigue

• Inadequate rest

• Sleep loss and/or disrupted sleep

• Displaced biological rhythms

• Excessive physical activity

• Excessive mental or cognitive work

Sleep Disorders

• Insomnia

• Restless Leg Syndrome (RLS)

• Narcolepsy

• Sleep Apnea

Regulatory Impact

• National Registry of Certified Medical

Examiners

• May 21, 2014 – compliance deadline for new

or renewed D.O.T. physicals

Ways to reduce the impact of fatigue

• Try to minimize the impact of peak production

periods with scheduling and additional staffing

when feasible

• Check out programs health providers may

offer

• Increase training & awareness

The Issue of Driver Distraction

• The issue of driver distraction is quickly becoming

a major stumbling point in roadway safety as

verified by a number or recent studies:

NHTSA & VA Tech - 2006 100 Car Naturalistic Driving Study

• Observations recorded by in-vehicle

instrumentation show that almost 80% of all

crashes and 65% of all near-crashes involved the

driver looking away from the roadway just prior to

the event.

Carnegie Mellon University 2008

•Behavioral studies show that engaging in a

secondary task disrupts driving performance.

•Listening alone reduces by 37% the amount of

brain activity associated with driving (parietal lobe).

Parietal lobe integrates sensory info and is critical

for spatial sense and navigation.

•Activity also reduced in the occipital lobe (which

processes visual info).

Cognitive Driving Variables

• Basic Assumptions – • All drivers face distractions every time they drive.

• All drivers face states of inattention every time they drive.

• All drivers must manage and balance these problems every time they

drive.

• Challenges – • Each driver has a variable level of “acceptable” risk.

• Attentional resources & capacity are limited.

• Humans are serial processors.

• High-order self-assessment is generally not reliable. The ability to

accurately identify increased risk prior to the emergency varies from

driver to driver and throughout the day.

Distraction Countermeasures

• Once a problem is identified, the solution is to: • A) remove or reduce the distraction, or

• B) change the driving, or

• C) both

• The driver needs to attempt to maintain an

operational “sweet-spot.” • Too much stimulus and we are overloaded.

• Too little stimulus and we are bored, our mind wanders.

Defensive & Distracted Driving Assessments

• Components:

• The vehicle - safety first

• The route - sufficient intensity & complexity to

challenge the driver, statistically equivalent,

multiple segments in 3 phases (normal, visual

distraction, cognitive distraction)

• The Assessor – highly trained observer,

consistent rating reliability

Defensive & Distracted Driving Assessments

• Components (cont.):

• The assessment process - at the end of each

segment, the driver is scored against a

benchmark on six variables:

• speed low-speed frontal space

• Intersections vehicle handling

• space management time management

• Let’s take a look at some results.