Large carriers and independent contractors alike face many challenges. Regulations regarding safety ratings, EOBRs and hours of service are changing all the time. You must be able to adapt and react quickly. DOT audits are becoming easier for the FMCSA agents to perform and harder on the carrier. Companies must implement and execute effective Safety Management Processes. Drivers must be under heightened awareness and realize that a simple roadside inspection is no longer a simple roadside inspection. Will the new regulations cause the next driver shortage and put the independent out of business? Are you confident that you fully understand CSA and how it will affect you? Do you know, without a doubt, that you recognize all the resources available to help protect your drivers and your company?
If you are not sure how to answer these questions, contact one of our specialists today.
DON'T FORGET TO COME BACK TO LEARN MORE ABOUT CHANGES TO THE REGULATIONS!
We will post timely industry updates below:
11/18/2010 - FMCSA Announces CSA Safety Measurement System (SMS) Improvements
On August 16, 2010, FMCSA began providing carriers with information about where they stand in each of the new CSA SMS’s Behavior Analysis and Safety Improvement Categories (BASICs) based on roadside inspection data and investigation findings. Based on feedback and analysis from the Data Preview period, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) will roll out the new SMS to the nation in December with the following revisions:
Modify the presentation of SMS BASIC result
Change the term “Deficient” to “Alert” when a motor carrier’s score in one or more BASICs is above the FMCSA threshold for intervention.
Change the highlight color from red to orange.
Improve the language to clarify that BASIC results signify the carrier is prioritized for an FMCSA intervention.
Explanation: Feedback during the Data Preview indicate that the display of SMS results needs to clarify that BASIC percentiles above the FMCSA threshold signify the carrier is prioritized for an FMCSA intervention and do not signify or otherwise imply a “safety rating” or safety fitness determination.
Modify Cargo-Related BASIC
Recalibrate the Cargo-Related BASIC by adjusting the cargo securement violation severity weightings based on input from subject matter experts (SMEs).
Modify the public display to show the SMS Cargo-Related BASIC violations only. The percentiles and intervention status will not be on public display.
Explanation: Feedback during the Data Preview period identified a concern that the BASIC was over-representing certain industry segments and potentially creating a misleading safety alert warning. The Agency conducted additional analysis and concluded that the Cargo-Related BASIC be recalibrated with SMEs providing input on the cargo securement severity weights. The agency received SME input and will now adjust the severity weights and run the algorithm accordingly.
Also, the agency is conducting additional analysis to further understand the impact on the different industry segments of a carrier’s exposure in this BASIC. During this analysis period, the BASIC results will continue to be an effective intervention prioritization tool for enforcement personnel based on sound safety principles. Accordingly, the percentiles and intervention status will be accessible to the FMCSA enforcement community and motor carriers only.
11/04/2010 - CSA 2010 and Drivers – Separating Fact from Fiction
Comprehensive Safety Analysis 2010 (CSA 2010) and Drivers – Separating Fact from Fiction
FMCSA is committed to providing all stakeholders with factual and timely information on CSA 2010. As part of this commitment, it is important that commercial motor vehicle (CMV) drivers are aware of how CSA 2010 will affect them.
Drivers, we have heard and appreciate your questions on issues ranging from the Driver Safety Measurement System (DSMS) to the Pre-Employment Screening Program (PSP). Here are theFACTS:
What is the DSMS?
The Safety Measurement System (SMS) assesses a carrier’s safety performance based on its roadside violations and crashes. The DSMS is a tool within the SMS used by enforcement staff only. Its primary purpose is to help enforcement staff assess driver safety as part of motor carrier investigations. The DSMS does this by identifying which of a motor carrier’s drivers to examine during that carrier’s compliance review. This enforcement tool uses a subset of violations to evaluate an individual driver’s safety performance across employers. Appendix A in the SMS Methodology Report shows the violations used in the DSMS.
Who Can See the DSMS?
Only enforcement staff will have access to the DSMS for use during motor carrier safety investigations. Neither drivers nor employing motor carriers will have access to the DSMS. While some third party vendors are developing and marketing CSA 2010 driver scorecards, these companies do not have access to full driver violation histories in FMCSA databases. FMCSA has not and will not validate any vendors’ scorecards or data.
What is the Pre-Employment Screening Program (PSP) and how does it impact CSA 2010?
PSP is a new, voluntary FMCSA program mandated by Congress that is designed to assist the motor carrier industry in assessing individual drivers’ safety performance as part of the hiring process. PSP is a completely separate program from CSA 2010. Additionally, PSP does not provide a rating, score or formal assessment of any kind Drivers are encouraged to obtain and review their PSP report before applying for new jobs, and request a review of any potentially inaccurate data through FMCSA’s DataQs program. While the PSP is not part of CSA 2010, the safety data accessible through PSP is the same data that the DSMS and enforcement staff use during motor carrier investigations. For more information about PSP, visit FMCSA’s PSP Website athttp://www.psp.fmcsa.dot.gov. For more information about DataQs, visithttp://dataqs.fmcsa.dot.gov .
Will FMCSA use CSA 2010 to remove CMV drivers from their jobs?
NO. CSA 2010 does not give FMCSA new authority to remove drivers from their jobs and cannot be used to publicly rate or assess drivers’ safety performance in the way carriers are rated or assessed today. Other important facts related to driver employment are outlined below.
Carriers will not inherit any of a newly hired driver’s past violations. Only those inspections and crashes that a driver is involved in while operating under a carrier’s authority can be applied to a carrier’s SMS.
Similar to today’s SafeStat, tickets or warnings that drivers receive while operating their personal vehicles do not count in the new SMS.
Neither FMCSA nor CSA 2010 restricts drivers based on body mass BMI, weight or neck size.
Drivers should ask current and potential motor carrier employers about their safety performance as measured under CSA 2010. Drivers and carriers with strong safety performance histories stand to benefit from the new compliance and enforcement program.
Can FMCSA use CSA 2010 to revoke a driver’s CDL?
NO. CSA 2010 does not give FMCSA the authority to revoke a CDL. Only state agencies responsible for issuing CDLs, have the authority to suspend or revoke them.
The CDL Program is completely separate from CSA 2010. FMCSA has developed and issued standards for the testing and licensing of CDL holders. These standards require states to issue CDLs only after the driver has passed knowledge and skills tests related to the type of vehicle the driver expects to operate.
The data kept by a state (i.e. tickets, citations, written warnings, convictions) and the data that are kept by the Federal government and used in the DSMS (i.e. violations from roadside inspections and crash reports) are separate. Drivers may review the data kept by the Federal Government through the PSP program referenced above and may request a review of the Federal data through FMCSA’s DataQs system (https://dataqs.fmcsa.dot.gov/login.asp).
How does CSA 2010 affect a motor carriers’ employment of CMV drivers?
Under CSA 2010, FMCSA continues to hold motor carriers responsible for the safety performance of the drivers they employ. This is a longstanding FMCSA position and is not unique to CSA 2010. All inspections and crashes that a driver receives while under the authority of a carrier will remain part of the carrier’s SMS data for two years unless overturned through the DataQs system,even if the carrier terminates the driver.
FMCSA’s CSA 2010 website is the official resource for information about this new safety program. We encourage drivers and all stakeholders to visit the CSA 2010 website athttp://csa2010.fmcsa.dot.gov and sign up to receive regular updates by email athttp://csa2010.fmcsa.dot.gov/stay_connected.aspx.
Check out Just the Facts that addresses other myths about CSA 2010.
August 16, 2010
The U. S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is pleased to announce the next step in the rollout of Comprehensive Safety Analysis 2010 (CSA 2010).
CSA 2010 Data Preview
Commercial motor vehicle carriers may now view their individual safety assessments on the Data Preview Website. This updated Website provides motor carriers with information on where they stand in each Behavior Analysis and Safety Improvement Category (BASIC) based on roadside data and investigation findings. Each motor carrier’s BASIC assessments are visible only to them (and to enforcement staff) until December of 2010. In December, assessments will be made available to the public. Also, enforcement agencies will use these assessments to prioritize the Agency’s enforcement and compliance assistance workload. By providing carriers with this information now, FMCSA’s approach gives carriers the earliest possible opportunity to improve compliance.
FMCSA is providing motor carriers with this early look at the new Safety Measurement System (SMS) so they can see their performance data, can address safety compliance issues right away and can update and verify their data online. Release of this safety performance information underscores FMCSA’s commitment to data integrity and the motor carrier industry’s responsibility for ensuring commercial vehicle safety. This important step is designed to allow motor carriers to identify and address unsafe behaviors that can lead to crashes. What can motor carriers do now to prepare for the new system? Motor carriers should look at their assessment on the Data Preview Website, identify any data mistakes, verify and update their motor carrier census data, in particular power units (PU) and vehicle miles travelled (VMT) on the MCS-150 form, and take the necessary steps to correct unsafe driver and/or company safety practices.
August 8, 2010
The regulatory program formerly known as CSA2010 (Comprehensive Safety Analysis 2010) now has a new name. We now bring you: CSA (Comprehensive Safety and Accountability). Many have speculated that this name change is a sign that the program will not be implemented in 2010 as originally announced and carriers can breathe a sigh of relief because there is more time to learn the new regulations. Don’t be fooled! All of our sources have indicated that CSA will go into effect in November regardless of the new name. The emphasis is on ACCOUNTABILITY. Carriers must know what data is recorded in the program and take a proactive approach in regards to safety.
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