CSA 2010: CSA 2010: The Driver ImpactThe Driver Impact

The Impact.

The Federal Motor Carrier Safety Administration (FMCSA) is in the process of implementing a revised safety inspection program designed to improve road safety by identifying high-risk carriers and drivers.

This presentation will review the key points of the Comprehensive Safety Analysis 2010 (CSA 2010) and offer some suggestions on how you can prepare for continued success in a changing industry.

What is CSA 2010?

According to the FMCSA, CSA 2010 is an enforcement and compliance model designed to more efficiently address commercial motor vehicle (CMV) and driver safety problems before crashes occur.1 To do this, the FMCSA is changing the way it collects data and the formulas used to score and predict high-risk carriers and drivers.

1 FMCSA. Why is CSA 2010 Needed? http://csa2010.fmcsa.dot.gov/about/csa_why.aspx. 2 FMCSA. CSA 2010 FAQs. http://csa2010.fmcsa.dot.gov/FAQs.aspx.

The implementation of CSA 2010 will affect every driver in the industry regardless of whether you lease a truck, work for a carrier or if you are an owner-operator running on your own authority. There has been wide speculation throughout the industry that as many as 200,000 drivers could become “unemployable” as a result of CSA 2010.2

Owner-Operators pulling on their own

authority will be scored in the same way as

motor carriers.

How it works.

• CSA 2010 will include a new Safety Measurement System (SMS). The SMS is two-fold: the Driver SMS (DSMS) and the Carrier SMS (CSMS). This system will score safety performance in seven Behavior Analysis and Safety Improvement Categories (BASICs):

– Unsafe driving – Fatigued driving – Driver fitness (See driver fitness debunked) – Controlled substances / alcohol – Vehicle maintenance– Cargo-related – Crash indicator

The BASICS of SMS.

BASICs were developed by the FMCSA based upon data from a number of studies that identified associations between violations and crash risk. Within each BASIC category, violations are weighted according to their statistical likelihood to cause a crash or accident.

Carrier safety measurement score.

The CSMS will measure each BASIC by weighting the recency and severity of violations and crashes. The CSMS then converts each carrier’s BASIC measure into percentiles within “peer groups,” or like companies. This score will replace the carrier’s previous SafeStat score.

Driver safety measurement score.

Within each BASIC category, there are specific violations that will affect the DSMS. Like the CSMS, violations on the DSMS are weighted by severity and recency. Any inspection-violation or accident a driver has while working for a carrier will be reflected in the carrier’s overall safety rating for 24 months following the violation. Additionally, a driver’s personal inspection-violation history will be stored within the DSMS for 36 months, and crash records will follow you for 60 months. While driver scores will not be public, carriers will have access to inspection, violation and crash history through their own CSMS data while a driver is employed by their fleet.

See the Driver Reference Guide at the end of this presentation for complete CSMS and SMS formulas

Why does this matter to OTR Drivers?

A major misconception regarding CSA 2010 is that drivers will receive a public score similar to that of carriers and that FMCSA will revoke a driver’s CDL based upon inspection data. Both are untrue.

So why are people estimating that so many drivers will lose their jobs?

– The DSMS will be used as a tool by law enforcement to pinpoint the performance of individual drivers when conducting safety investigations.

– By accessing CSMS data, carriers will be able to see raw inspection and crash information. Carriers are likely to tighten safety and employment policies based upon the effect a driver’s performance has on the carrier’s SMS.

– Drivers will be more scrutinized during the hiring process through the new Pre-employment Screening Program (PSP). See “Understand the changes…” for more information.

Know who you are driving for.Just as driver performance will affect a CSMS score, a CSMS score can put a driver at higher or lower risk for roadside inspections. Therefore, just as it is in the best interest of the carrier to hire only the safest drivers, it will be in a Drivers’ best interest to pull for the safest carriers.

When seeking out employment with a new

carrier check their BASIC scores.

– It is in your best interest to get the carrier’s perspective on safety and what actions they are taking to correct negative safety areas.

– Carrier scores will be publicly available November 30.

Tracking your carrier.

• When driving for a carrier, check their CSMS score regularly. If you know the weak points within your carrier’s score, you will know ahead of time what will be the focus of your next roadside inspection. You can proactively guard against contributing to this poor score. In fact, by obtaining a clean inspection, you will help improve your carrier’s SMS and gain some appreciation.

• Keeping an eye on your carrier’s SMS score can also give you the heads-up on a downward safety trend within the fleet. If your carrier’s SMS score begins plummeting, all trucks within the fleet will be at higher risk for inspections.

Pre-employment screening program (PSP).

• The PSP is a separate initiative being implemented by the FMCSA. The PSP will give carrier’s access to a driver’s safety history through an online database compiled from 36 months of inspection history and 60 months crash data. CSA 2010 will give motor carrier’s more reason than even before to fully research a driver’s safety record before hiring a driver. While a carrier can only access this information with your express permission, the PSP is likely to become a part of every carrier’s standard background check.

• Make sure you know what the PSP has on you before you have to answer for it with a potential carrier. You can access your own PSP data at http://www.psp.fmcsa.dot.gov. There is a $10 charge per request5.

Employment policies.

• Carriers will be likely to implement more stringent terms of employment and safety policies as a result of CSA 2010.

• Make sure that you read all paperwork you sign with your company carefully and that you fully understand your obligations as an employee.

• Always remember that a revised SMS program does not undermine the requirement that a carrier provide a fair and just working environment.

Document, document, document.• A clean inspection counts toward a carrier’s SMS score in the same

way violations count against a carrier’s score, it is important to maintain copies of ALL inspection reports you receive.

• Violation and crash histories within the SMS may be argued through a system called DataQs.

– DataQs was set up by the FMCSA to allow carriers and drivers to challenge information in the database. An auditable history of roadside inspection slips will provide necessary documentation needed to challenge incorrect data within the system.

• Make sure you read and understand the complete roadside inspection slip before signing it.

Fight for your CDL.

It remains important to fight citations issued against your CDL when you feel they are unjustified. – If you are able to have a citation overturned in a court of law,

documentation of the case may support an argument to have your SMS score reduced if that violation was also listed on your inspection.

 What’s next?

• The increased focus CSA 2010 places on driver safety is undeniable, and the FMCSA isn’t finished yet.

– The administration has already noted plans to increase rules and regulations for the trucking industry by 2025.

– Drivers and carriers need to be on the same team to work with the revised regulations.

• CSA 2010 also brings the prospect of career opportunity for professional drivers. Carriers will be seeking out the cream of the crop to haul freight for their companies, and they will be willing to pay well and work together with those drivers that help maintain a strong reputation for safety.

DRIVER REFERENCE GUIDECSA 2010:

The SMS formulas.

CSMS Formulas DSMS FormulasUnsafe Driving, Controlled Substance and AlcoholBASIC Measure = Time Weight x Severity Weight/Average Measure of Carrier PUs

Time Weight – 2 = 0-12 months

1 = 12-24 months

Unsafe Driving, Controlled Substance and AlcoholBASIC Measure = Time Weight x Severity Weight

Time Weight – 3=within previous 12 months,2 = between 12 and 24 months,1 = between 24 and 36 months

Fatigued Driving, Driver Fitness, Vehicle Maintenance, and Cargo-RelatedBASIC Measure = Time Weight x Severity Weight/Number of Time-weighted relevant inspections

Fatigued Driving, Driver Fitness, Vehicle Maintenance, and Cargo-RelatedBASIC Measure = Time Weight x Severity Weight/Number of Violations (within previous 36 months)

For each Out-of-Service (OOS) violation, 2 points are added to the Severity weighting.

Crash IndicatorBASIC Measure = Time Weight x Severity Weight/ Average Measure of Carrier PUs

Severity Weight – 1= Tow-away only

2 = Injury or fatality+1 = Hazmat release (added to the weights above)

Crash IndicatorBASIC Measure = Time Weight x Severity Weight

Severity Weight – 1= Tow-away only

2 = Injury or fatality+1 = Hazmat release (added to the weights above)

Gateway violations.

Speeding. 1 – 100 mph over the speed limit is enough probable cause to warrant a full inspection

Failure to use a Seatbelt. A fastened belt worn improperly may still be considered “failure to use” and land you in a full inspection.

Lamps / lights / turn signals. Vary in their severity ratings, but when any of these lights fail they scream “inspect me” to an officer.

Tires. Tires are serious business – high severity weighting and a high likelihood of earning you a full inspection.

Red flag violations.

BASIC Severity Violation Fatigued Driving (HOS) 10 Violating Part 395 Out-of-Service (OOS) Order

Controlled Substances/Alcohol 10 Possessing, using or being under the influence of a controlled substance

Controlled Substances/Alcohol 5 Possessing, being under the influence of, or using alcohol within 4 hours of going on duty

Driver Fitness 10 Allowing driver to operate with more than one Commercial Driver’s License (CDL)

Driver Fitness 10 Operating a commercial motor vehicle (CMV) with more than one CDL

Driver Fitness 3-6 Operating without a valid CDL

Driver Fitness 6 Driving while disqualified (383.51a, 391.15a)

Driver Fitness 3-6 Driving without a valid operator’s license

Driver Fitness 1-2 False entry on medical examiner’s certificate

Vehicle Maintenance 10 Operating an OOS vehicle before making repairs

The driver fitness myth debunked: What it really is.

Believe it or not, driver fitness has nothing to do with your BMI or how many push-ups you can do. Here’s what driver fitness, as defined by the FMCSA, really includes:

1. Allowing a driver to operate during out-of-service (OOS) order2. Failing to comply with imminent hazard OOS order3. Driving while disqualified4. Driving without a valid operator’s license5. Operating without a valid CDL6. Operating a CMV with more than one CDL7. False entry on medical examiner’s certificate8. Allowing driver to operate with more than one CDL

Open Road Drivers PlanOpen Road Drivers Plan®®

Multi Service® established Open Road Drivers Plan, a legal referral service for professional drivers, as a safety and retention tool for fleet owners. Since 1989, professional truck drivers have been utilizing this unique service to gain local, licensed legal services for their traffic citations. Open Road Drivers Plan works in accordance with fleets to improve safety initiatives and driver appreciation throughout the trucking industry.

Thank you for your interest in this free white paper. We welcome your comments, feedback, and suggestions. Please consider sending us a note about how this paper has helped you. Check out the Open Road Drivers Plan website at www.ordp.com. If you would like to contact an Open Road representative directly, you can call 1-800-848-3060 or email ordp@multiservice.com.