Vigillo Countdown to CSA Webinar Slides

© 2010 Vigillo LLC. All Rights Reserved. © 2010 Vigillo LLC. All Rights Reserved.

Countdown to CSA

Need Help?Vigillo Support: [email protected] | (503) 688‐5100 ext 102

Sloan Morris – Director of Client Services, VigilloAnnette Sandberg – CEO, TranSafe Consulting LLC

© 2010 Vigillo LLC. All Rights Reserved.

The GoToMeeting Attendee View

Need Help? Vigillo Support: [email protected] | (503) 688‐5100 ext 102


Countdown to CSAWebinar Recording & Slides will be on the Vigillo Blog

blog.vigillo.com



Agenda

1. CSA Go‐Live: What Will Change?

2. Introducing ISS‐2010

3. Shipper / Broker CSA Impact

Q & ANeed Help?Vigillo Support: [email protected] | (503) 688‐5100 ext 102


CSA Go-Live: What Will Change?

When? Where online?Likely: Monday, Dec. 6FMCSA: “Early “December”

Links From:

Public & Private:‐ FMCSA CSA 2010 Sitehttp://csa2010.fmcsa.dot.gov/

‐ FMCSA Compass Portalhttps://portal.fmcsa.dot.gov (private data)

http://csa2010.fmcsa.dot.gov/

http://csa2010.fmcsa.dot.gov/



Who Can See? What CSA Data will NOT be made public ?

Anyone can see all public CSA data for any carrier. CSA Private Data:

(similar to SafeStat private data)All public data except:

X No driver information

X No Crash BASIC Score

X No Cargo BASIC Score

(or intervention status)

(or intervention status)



What About SafeStat?

Likely: Will remain brieflyUltimately: Replaced by CSA

When will CSA Interventions begin?

When CSA goes live. Possible carrier Interventions include:

‐Warning letter‐Offsite Targeted Investigation‐Onsite Focused Investigation‐Onsite Comprehensive Investigation



Not Yet. The new Safety Fitness Determination (SFD) for carriers will provide three ratings to carriers:

•Unfit•Marginal•Continue to Operate

This requires Congressional approval and public comment opportunity. Some industry experts speculate this will not occur until 2012.

Yes. Three industry groups: •The National Association of Small Trucking Companies•The Expedite Alliance of North America•Air & Expedited Motor Carriers Association

argue that disclosure of the percentile rankings within the Behavior Analysis and Safety Improvement Categories (BASICs) and use of terms characterizing those rankings amount to a public branding of carriers as less than safe. SMS data in its current form is unsuitable for use by the public in making decisions about a carrier’s safety, and that’s FMCSA’s job anyway, they argue.

Source: Commercial Carrier Journal, Mon 11/29/2010. “Groups set to sue FMCSA over CSA disclosure”

Is there a new overall Safety Rating for carriers?

Is there a lawsuit to prevent CSA from going public?



Two key changes to the Cargo BASIC:• Violation severity weights will be adjusted• The Cargo BASIC percentile and intervention status will not be available for public view.

Why? Concern that the BASIC was over‐representing certain industry segments and potentially creating a misleading safety alert warning.

Future possibility: Different segments (open deck, etc)

How is the Cargo BASIC Changing? …and why?




How will Brokers and Shippers use CSA?

Annette Sandberg says…

What about “Deficient”?

Current: A BASIC above threshold (or through an investigation) is labeled “Deficient” in red

Change: A BASIC above threshold (or through an investigation) is labeled “Alert” in orange


CSA Go-Live: What Will Change?Are those new tiered speeding violations in use now?

Tiered Speeding Violations from Vigillo Customers




The Old ISS (ISS-D)

75‐100

50‐74

1‐49

Inspect: inspection warranted

Optional: may be worth a look

Pass: no inspection required

The Inspection Selection System (current: ISS‐D) is the primary tool supported by the FMCSA for use on the roadside to screen commercial motor

carrier vehicles for inspection. Based primarily on SafeStat SEAs.


The New ISS (ISS-2010)

The ISS‐2010 is designed to align the roadside inspection program with CSA. The primary objectives are:

To identify and target potentially unsafe vehicles operated by carriers that displayed a pattern of non‐compliance with commercial motor vehicle safety regulations

To monitor carriers with serious violations discovered during investigations

To prioritize carriers with higher crash risk above carriers with lower crash risk

To focus on carriers that have little or no exposure to the roadside inspection program

To provide for verification that carrier should have corrected prior identified problems.

Goals of the ISS‐2010:



75‐100

50‐74

1‐49

Inspect: inspection warranted – top priority

Optional: inspection warranted – next level priority

Pass: inspection not warranted

Inspection Recommendations and Values Something seems

familiar…



75‐100

50‐74

1‐49

Inspect

Optional

Pass

Carriers with “Serious Violations”High Risk CarriersCarriers with Two or Three Deficient BASICsCarriers with Single Deficient Fatigue BASIC

Carriers with Single Deficient Unsafe Driving BASIC or Crash IndicatorCarriers with Single Deficient Cargo, Drug/Alcohol, Driver Fitness, or Maintenance BASIC

All other carriers with sufficient data to measure


The New ISS (ISS-2010)Serious Violations

New Term from the FMCSAFound in an investigation in last 12 monthsList of 113 violations broken into 2 categories:

One‐Time Occurrence‐Example: Failing to implement a drug/alcohol policy

Pattern of Occurrence‐Example: Multiple false reports of record of duty status



75‐100

50‐74

1‐49

Inspect

Optional

Pass

Carriers with “Serious Violations”High Risk CarriersCarriers with Two or Three Deficient BASICsCarriers with Single Deficient Fatigue BASIC

Carriers with Single Deficient Unsafe Driving BASIC or Crash IndicatorCarriers with Single Deficient Cargo, Drug/Alcohol, Driver Fitness, or Maintenance BASIC

All other carriers with sufficient data to measure



Four or more deficient BASICs

OR

Two or more deficient BASICs ANDUnsafe, Fatigue, or Crash >= 85

High Risk Carriers



75‐100

50‐74

Inspect

Optional

Carriers “One Away” from sufficient dataCarriers with zero inspectionsCarriers with low inspection rate

Carriers with high inspection rate

Insufficient Data Algorithm


The New ISS (ISS-2010)Why Does ISS‐2010 Matter?



Broker / Shipper CSA Impact

Annette Sandberg


Shipper & Broker Concerns•VICARIOUS LIABILITY: Responsibility for a civil wrong that a supervisor bears when a subordinate or associate has actually committed the acts that give rise to the liability

•NEGLIGENT HIRING: Failing to take reasonable care in hiring worker

•NEGLIGENT RETENTION: Keeping a worker on after learning the worker poses a potential danger

•DUE DILIGENCE: Care or attention to a matter that is sufficient enough to avoid a claim of negligence, though not necessarily exhaustive

• REASONABLE CARE: The degree of caution and attention to possible dangers that an ordinarily prudent and rational person would use in similar circumstances


Shipper & Broker Expectations

Schramm v. Foster • $23.7 million judgment

• Driver is agent for shipper/broker

What is expected of the shipper?• Contract

• Controls

• Due diligence

What is reasonable?• Public records review

• Minimum contractual standards


Shipper & Broker:Recommendations for Carriers



Q&AWebinar slides & recording available on the Vigillo Blog…

blog.vigillo.com

© 2010 Vigillo LLC. All Rights Reserved. © 2010 Vigillo LLC. All Rights Reserved.

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Vigillo Countdown to CSA Webinar Slides