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Comprehensive Safety Analysis (CSA) 2010

A New Way To Measure and Address Commercial Motor Vehicle Safety

April 2010

Joe DarbyDoug DickinsonMarsh Risk Consulting

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Overview

CSA 2010 overview – Mark Langer

Time Line for implementation

What clients are telling us so far

Initial Concerns

What carriers should do to prepare

Wrap-up – Rich Bleser

What is CSA 2010?

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Comprehensive Safety Analysis 2010

What is CSA 2010?

CSA 2010 is a pro-active initiative to improve the efficiency and effectiveness of FMCSA’s enforcement and compliance program to achieve the Agency’s mission to reduce commercial motor vehicle (CMV) crashes, fatalities, and injuries.

Why CSA 2010?

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Commercial Motor Vehicle Fatalities

Rate of Commercial Motor Vehicle Fatalities is Leveling Off

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A More Agile, Efficient Program

Current Operational Model Limitations– Limited intervention tool-box for safety investigators (SIs)– Safety fitness determination tied to compliance review– Focus largely on carriers

Limited number of federal/state investigators compared to large number of carriers– FMCSA regulates ~725,000 interstate and foreign-based truck and bus companies

U.S. DOT/FMCSA audit Compliance Review (CR) is labor intensive– Only able to reach < 2% (~12,000) of total carrier population annually

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What is Changing?

The way FMCSA assesses carrier safety – Identifies unsafe carrier and driver behaviors that lead to crashes– Uses all safety-based roadside inspection violations – Evaluates/tracks driver performance individually

How FMCSA addresses carrier safety issues – Reaches more carriers earlier and more frequently– Improves efficiency of investigations

Focuses on specific unsafe behaviors Identifies root causes Defines and requires corrective actions

How FMCSA promotes safety– Forces carriers/drivers to be accountable for their safety performance

Demands and enforces safe on-road performance– Makes more complete safety performance assessments publicly available

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A New Operational Model (Op-Model)A New Operational Model (Op-Model)

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CSA 2010 Op-Model

1. New Safety Measurement System (SMS)Improved ability to identify demonstrated safety problems

2. New intervention processEmploys an array of interventions instead of the single option, labor-intensive compliance review

3. Proposed change for evaluation: new approach to the Safety Fitness Determination (SFD)SFD tied to current safety performance; not limited to acute/critical violations from a CR

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• Uses crash records and ALL roadside inspection safety-based violations to determine carrier/driver safety

• Weights time and severity of violations based on relationship to crash risk

• Triggers the intervention process Calculates safety performance based on 7 Behavior Analysis and Safety Improvement Categories (BASICs)

• Driver Safety Measurement System (DSMS) will be used to directly address commercial motor vehicle (CMV) driver performance in terms of BASICs, using available roadside performance data

New Safety Measurement System (SMS)

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SMS BASICs

SMS BASICs focus on behaviors linked to crashes1. Unsafe Driving (Parts 392 & 397)

2. Fatigued Driving (Hours of Service;

Parts 392 & 395)

3. Driver Fitness (Parts 383 & 391)

4. Controlled Substances/Alcohol (Parts 382 & 392)

5. Vehicle Maintenance (Parts 393 & 396)

6. Cargo Related (Parts 392, 393, 397 & HM)

7. Crash Indicator

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New Interventions Process

The New Interventions Process addresses the…• WHAT

Discovering violations anddefining the problem (similar to current model), but also expanding to include the why and how

• WHY Identifying the cause or where the processes broke down

• HOW Determining how to fix it/prevent it through use of Safety Management Cycle and Safety Improvement Resources

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New Intervention Tools

New intervention tools reach more carriers and influence safety compliance earlier•Warning Letters•Investigations

− Offsite Investigations− Onsite Investigations - Focused− Onsite Investigations - Comprehensive

•Follow-on corrective actions− Cooperative Safety Plan (CSP)− Notice of Violation (NOV)− Notice of Claim (NOC)− Operations Out-of-Service Order (OOS)

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Expansion from What to Why? Safety Management Cycle

What safety management processes are breaking down?

Why are these safety management processes breaking down?

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Safety Fitness Determination: Current Limitations

The current safety rating/SFD process has limitations• Only issued with on-site Compliance Review (resource

intensive)

• Only a snapshot of carrier compliance taken at the time of most recent CR− Safety ratings (Sat, Conditional or Unsat) are often

outdated and may not reflect current safety posture

• Heavily based on violations deemed “critical” or “acute”

• Unsatisfactory/Unfit SFD rating requires multiple areas of deficiency

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Proposed Change to the SFD Process

Incorporate on-road safety performance via new SMS on a monthly basis

Continue to include major safety violations found as part of CSA 2010 investigations

Produce a Safety Fitness Determination of– Unfit or– Marginal or– Continue Operation

Draft rulemaking is currently in review within FMCSA; NPRM is scheduled to be published Dec 2010.

Draft rulemaking is currently in review within FMCSA; NPRM is scheduled to be published Dec 2010.

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Benefits of CSA 2010 SFD

Maximizes the use of data collected during roadside inspections– Approx. 3 million inspections performed annually

Creates carrier accountability for sustained unsafe operations and performance

Assesses more carriers based on current safety performance

CSA 2010 issues safety ratings within the existing regulatory framework. This will continue until the SFD rule goes into effect

CSA 2010 issues safety ratings within the existing regulatory framework. This will continue until the SFD rule goes into effect

CSA 2010 Implementation

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National Implementation

Summer 2010

Replace SafeStat with SMS

Inspectors see BASICs information at the roadside

July through December 2010

Roll out interventions tool box

Send warning letters nationwide

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Time Line

SMS information available to carriers : April 12, 2010– Live violation data available

Details of how BASICS are calculated: August 2010

Prioritization of carriers begins: November 2010– BASICS data live for all carriers

Safety Fitness Determination (SFD) Proposed Rule Making: December 2010

Interventions begin on large scale: Spring 2011

CSA 2010 Field Test

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Preliminary Results

New Elements

Warning letters are having a positive impact:– About 4,000 sent to-date– 45% of recipients logged in to view safety scores– Feedback from test states indicates that carriers appreciate the early

alert

Carriers are using SMS results– Some have logged in more than 200 times since the test started– Anecdotally, they are using the data to drive safety improvements

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Impact on Industry

Carrier Impacts

More carriers will hear from FMCSA

Specific safety performance information in SMS will be available

All violations will count

Warning letters will alert carriers of poor safety performance

More carriers will be exposed to compliance and enforcement efforts

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Impact on Industry

Driver Impacts

Drivers will be able to examine their employers’ safety performance

Deficient BASICs will be available to roadside inspectors

Investigators will know an individual driver’s record across companies

Investigators will pursue and penalize driver “red flag” violations

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Client Experience

Two DOT approaches– Education opportunity

Chance to reset expectations Provide insights to how to be safer carrier

– Carrot and Stick Stand off Letter listing demands Consequences clearly outlined

SMS Demonstration

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Carrier Measurement: SafeStat Results

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Carrier Measurement: SMS Results

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Violation Details Provided in SMS

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Further Drilldown in SMS

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How to get better in SMS?

Good Inspections

“Get Well” Rules – Violation time weight diminishes

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BASIC No percentile assigned if:

Crash Indicator No crashes in last year

Unsafe Driving and Drug and Alcohol No percentile assigned if no inspections with a violation in these BASICs in the last year

Fatigued Driving, Driver Fitness, Vehicle Maintenance and Cargo Related

No inspections with a violation in that BASIC within the past year; and

Most recent relevant inspection does not have a violation of that BASIC

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Initial Concerns

MN Trucking Association

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Summary

Enforcement

DataQ

Peer Groupings

Accessing the data

Safety Fitness Determination

Crash Indicator

Inspection point values

Hazardous Materials as separate basic

Commercial Vehicle Drivers

FMCSA has agreed to some elements of the high lighted

areas above – but continue to believe that the same data that

was effective in reducing crashes with Safer will work

with the BASICS

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Enforcement

Unequal enforcement (i.e. IN and OH)

Probable cause basis for stop

Warning ticket– Lower threshold– No recourse– Intent on counseling not enforcement

Inspection inaccuracies

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Peer groupings

Vehicle size only basis– Only 3 groups

No industry grouping (i.e. bus, van, LTL, flatbed, hazardous materials)

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Accessing the data

What data will be available to public

What driver data will be available to carriers

Data accuracy– Driver employment decisions based on warning tickets that cannot

be challenged

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Crash indicator

All crashes– Includes non-preventable which carrier cannot impact

Carrier with only non-preventable crashes could look less safe than carrier with a smaller of crashes that are all preventable

Mileage not used to normalize the data

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Inspection point values

Relative weight of infractions– Improper transport of explosives = 2 points– Loose tie downs = 10 points

– Not informing carrier of violation = 6 points– Not wearing glasses or hearing aid = 2 points

– Steer tire and trailer tire have the same weight

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Drivers

Data from terminated drivers stay on carrier profile for 24 months

Carrier that hires same driver has a clean slate

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Actions to do to prepare

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What Can Carriers Do To Prepare Now?

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What Can Carriers Do To Prepare Now?

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Vigillo Aggregate Statistics

76% of Vigillo Customers have at least 1 BASIC over the Intervention Threshold

(1200+ Fleets)

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What Can Carriers Do To Prepare Now?

Learn more about CSA: http://csa2010.fmcsa.dot.gov – Understand the BASICs– Check the site for implementation schedule and listening session notice– Sign up for latest news: RSS/listserv

Check and update records– Motor Carrier Census (Form MCS -150)

– Inspection and crash reports https://dataqs.fmcsa.dot.gov/login.asp

Ensure compliance – Review inspections and violation history over the past 2 years – Address safety problems now– Educate drivers about how their performance impacts their own driving record and

the safety assessment of the carrier

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What Can Carriers Do To Prepare Now?

Register for pre-employment screening– www.psp.fmcsa.dot.gov

Use a private company to get a preview of the BASICs– Vigillo and RAIR Technologies provides model of CSA 2010– Driver management features not in CSA test– www.vigillo.com– www.RAIR.com

Mock FMCSA audit– Fleet Group can provide

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Key Points for clients

Coming soon to all states

Unlike Safer – “good inspections” do not impact all elements of the BASICS (e.g. Unsafe Driving)

Register for Compass Portal now– https://portal.fmcsa.dot.gov – Review, understand, correct data

Take letter seriously– Safety rating can change without an audit

Individual driver performance will be visible– Hiring / retention implications

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Commitment

CRIProcessMeasurement

MeasureResults

IdentifyOpportunity

Measure andmonitor performance

and continuously improve

Mutually explorethe situation and form initial hypotheses of problem

Execute/Implement

Solution

Define theCauses

Create and manage change

Search for the problem’s most likely cause(s); refine andtest the hypothesisDesign/Select

Best SolutionIdentify the “best” solution, the risks involved, and the

commitment to change

CSA 2010Mgmt.

Process

Assess Current Fitness

TrainManagers

&Capacity

IncorporateActionPlan

MonitorSafety Fitness

IdentifyImprovement Opportunities

Game Changer– Regulations remain the same– Accountability measures are enhanced

Action Steps– Take Seriously– Assess Fitness– Identify Opportunities– Train – Incorporate Action Plan– Monitor Performance

Marsh Risk Consulting is at the fore-front– Contact us for assistance

Wrap-Up

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Questions

For additional information go to: www.fmcsa.dot.gov/csa2010

For additional assistance contact your local Client Executive or the following:

Rich Bleser – 414-290-4920 Doug Dickinson – 920-445-3814Joe Darby – 503-781-9821

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