Leading safety management system that brings current industry news that your company to use to stay updated & informed in todays fast pace world.

Members of Vertical Alliance Group were present for a great event in the trucking industry this past week. Greg and Michael Shipman participated in the Spring Transportation Summit hosted by the Indiana Motor Truck Association on April 20 – 22, 2015. Vertical Alliance Group, an Endorsed Partner of the IMTA, was a Platinum sponsor for the third year and had an exhibit booth set up in the main gala which proved to be a great way to network with current and prospective clients.

The Spring Summits’ main goal is to provide relevant speakers and topics for different roles and departments within your organization. With over 220 attendees, the IMTA used breakout sessions for educational material and occurrences that are happening throughout the industry. The sessions were ran both days so that attendees can choose the topics that would most benefit them in their own role.

On Tuesday night, Vertical Alliance Group hosted Ellen Voie, CEO of Women in Trucking, and fleet leaders within the IMTA to dinner at McCormick and Schmidt’s. It was a fabulous way to hear from some clients of how the Infinit-i Workforce System has benefited their fleet.  Attending were Gary Langston, President of the IMTA; Barbara Hunt, VP of the IMTA; Amy Lathrop, COO Perfect Pallets/Perfect Transportation, Mary Hygh, Director of Safety for Heritage Transportation, Teresa Wade, Heritage Transportation, Sherry Collins, VP of Safety – Buchanan Hauling and Rigging; Janice Nawrocki, Safety Manager – Shellback Transportation; Bob Flesher, Independent Consultant, representing Vertical Alliance Group were Greg and Michael Shipman.  The food and company were exceptional and the conversation was lively about the different trucking issues facing women and the industry

IMTA has once again done a wonderful job at the Spring Summit as the attendance has grown each year. It has proven to be a very good networking event with fleet leadership that you may not be able to reach during the normal course of business. We had a wonderful experience at the Spring Summit and we look forward to next year!

CAB Logistics Goes Online to Streamline Safety

Until last year, CAB Logistics was holding a company-wide safety meeting every quarter. To accommodate all 250 drivers, the meeting had to be repeated for two or three consecutive days. The result was several days of lost productivity. CAB Logistics has two divisions.

One transports frac sand for the oil and gas industry; the other operates a private, white-label fleet for FedEx Freight. Rocky Lott, director of IT for CAB Logistics, talked about the benefits of using an online learning management system at the Infinit-i Engage Evaluation Program on April 20.

Attendees created a free training video on distracted driving. In early 2014, Rocky Lott attended the Infinit-I In-Person Boot Camp. This free event, hosted by Vertical Alliance Group, takes place once or twice each month in Texas for small groups of new and prospective clients. The two-day event is packed with information about a Web-based learning management system (LMS) and communications platform called Infinit-I Workforce System, and is filled with Texas hospitality.

Click here to read the entire article in the Commercial Carrier Journal.

Since 2004, Ram Services has successfully operated a fleet of right at 15 trucks out of the Dallas, Texas area.

When they lost one of their drivers to a single-vehicle fatality accident, they knew a DOT audit was coming. What they didn’t know was how severe that accident, coupled with one other recordable accident in a 12 month period, was going to substantially impact their bottom line.

With the exception of the two recordable accidents, Ram Services’ audit was one any company would be proud to brag about. In fact, if they had been just a tad bit larger, those two accidents would not have hurt the audit either.

As a low mileage carrier, however, the two recordable accidents on the FMCSA formula pushed the company’s Crash Basic too high, and Ram Services’ rating was downgraded from satisfactory to conditional. When this happened, the company immediately began losing the ability to service their customers – all of whom required the satisfactory rating in order to utilize Ram Services as a freight provider.

The company knew they had to do something – and fast. So they began the process of appealing the ruling.

When the DOT field officer called two months earlier than expected to discuss the ruling, he asked the company to provide four things:

1. Training Records
2. Last Safety Meeting Agenda
3. Sign-In Sheet
4. The Accident Countermeasures Plan

While many companies would have had to spend a great deal of time pulling all of this information together, and other companies may not have had all of the requested pieces of documentation, Ram Services was able to quickly assemble everything.

As users of the Infinit-I Workforce System, their training records were all in one place.

“Since we use Infinit-I, I was able to send him a 54 page Excel document with every training module my guys have done and passed for the last two years. My client services representative and I had planned training for this year in December, so I was even able to easily provide him our Accident Countermeasures Plan, too,” said Angela Klattenhoff, owner of Ram Services.

During her call with the field representative, Klattenhoff was also able to explain their company had showed steady improvement in all Basics since the inception of CSA 2010.

Less than one week after the call, Ram Services was back doing business with all of their former clients thanks to good news from the field administrator.

“After reviewing your request, the safety management plan, and the evidence submitted, the Federal Motor Carrier Safety Administration (FMCSA) is granting your request. Effective immediately, Ram Services’ safety rating is hereby upgraded to ‘satisfactory,’” Field Administrator Terry D. Wolf wrote.

The Klattenhoff’s business was saved, and all of their drivers were back on the road.

“I wanted to share our story with others because it is a real life example of how the fact that I could produce documented training, past and future, made a huge difference in our ability to get our ratings changed,” Klattenhoff said.

As we move into a global economy, clear communication becomes a necessity. Give your employees the basic information about the Globally Harmonized System (GHS) for Classification and Labeling of Chemicals. The deadline to have your employees trained is December 1, 2013This training DVD program covers:

  1. Introduction: This section provides an overview to the new unified, worldwide system of hazard communication called the Global Harmonization System or GHS.
  2. Hazard Categories: This section provides training in the three Hazard Categories established by GHS (Physical, Health & Environmental). The definitions of hazard have been changed to provide specific criterial for classification of health and physical hazards, as well as classification of mixtures. These changes will help ensure that evaluations of hazardous effects are consistent across manufactures, and that labels and safety datasheets are more accurate as a result.
  3. Labeling: This section provides training on how the chemical manufactures and importers will be required to provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.
  4. Pictograms: This section covers the 9 (nine) new Pictograms to be used under GHS, and the materials to witch they relate.
  5. SDS: Training on the new Safety Data Sheets (formerly known as Materials Safety Data Sheets) and the the 16 (sixteen) new headings.

OSHA is requiring that employees are trained on the new label elements (i.e., pictograms, hazard statements, precautionary statements, and signal words) and SDS format by December 1, 2013, while full compliance with the final rule will begin in 2015. OSHA believes that American workplaces will soon begin to receive labels and SDSs that are consistent with the GHS, since many American and foreign chemical manufacturers have already begun to produce HazCom 2012/GHS-compliant labels and SDSs. It is important to ensure that when employees begin to see the new labels and SDSs in their workplaces, they will be familiar with them, understand how to use them, and access the information effectively. The table below summarizes the phase-in dates required under the revised Hazard Communication Standard (HCS):

EFFECTIVE COMPLETION DATEREQUIREMENT(S)WHO
December 1, 2013train employees on the new label elements and safety data sheet (SDS) format.Employers
June 1, 2015*December 1, 2015Compliance with all modified provisions of this final rule, except: the Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS labelChemical manufacturers, importers, distributors and employers
June 1, 2016Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.Employers
Transition Period to the effective completion dates noted aboveMay comply with either 29 CFR 1910.1200 (the final standard), or the current standard, or bothChemical manufacturers, importers, distributors, and employers

Full Document for Review.

Written by a trucking company president.

We should see more of a partnership between dispatchers and drivers.

To be fair to dispatchers, most have 35 to 50 drivers under their wing. Keeping that many people moving and happy is not an easy task. Each driver is a different personality and all want to make a decent living and to be able to get home on a regular basis.

Drivers only see their own little part of the planet. Their wants and needs can be different from dispatchers. Dispatchers can go home after working 8 hours. Drivers are essentially on call 24/7. The nature of this business forces drivers to work irregular hours that may not always agree with their body clock. Delays at shippers can really impact a drivers ability to earn a good living and his attitude.

There are some little things that affect a driver, and their attitude that those in the office will not be able to appreciate or fully understand without having driven themselves.

Simply finding a restroom or place to get something to eat, other than fast food, can be a major issue due to the problem with parking. Pilot and Love’s are two of the larger truck stop chains, but only offer fast food. That is not a healthy way for drivers to live. The only other options are TA and Petro, but parking can be a problem, depending on the time of day and region of the country.

There are Flying J’s, but menu options have become more limited since they were acquired by Pilot. Most now have Denny’s, if they still even have a restaurant. Drivers are often looked down upon because they may not have had a shower in a day or so. Most drivers want to shower every day, but due to time constraints and shipper demands, that may not always be possible.

At one time truck drivers were very respected in this country. Things have certainly changed over the last 30 years. Many now look down on drivers, some with good reason. I think that is one problem between dispatchers and drivers. Truck drivers are shown little respect by much of society. They expect to at least have respect from the company that they help support and earn their livelihood.

I find it ironic that those responsible for making this country work, receive so little respect. Shippers may tie drivers up unnecessarily for hours and then want them off their property and have unrealistic delivery expectations. Law enforcement at all levels look at drivers as a steady source of revenue. Federal government continues to enact useless new regulations and change existing ones seemingly just because they can. Dispatchers have high expectations from drivers and have little or no knowledge of what goes on in the day of an over the road driver.

Most drivers will average from 450-650 miles per day. In only one day a driver can leave Pennsylvania and be in Indiana or Illinois in one day. He can unload, reload and be in Georgia the next day. Most people find being able to drive that many miles in a day unfathomable. Yet, drivers do it every day.

There are two professions that have mostly been responsible for building this country. The first is sales. Nothing happens until something is sold. It doesn’t matter how well a manufacturer makes his products, until someone sells them, they are just a great idea. The other profession is the truck driver. You can make a good product. You can sell a good product. But, until the customer receives the product, no one can profit. Trucking is literally the backbone of this nation. Most people give little thought as to how products got to their supermarket, car dealer or restaurant. Truck drivers have brought the nails that hold their homes together, the car they drive, the food they consume and even the clothes on their backs. Drivers only ask for a little respect for their efforts.

Dan Baker dispatcher driver relations training to help your company improve on this very topic.

Safety Measurement System (SMS) Methodology

The Federal Motor Carrier Safety Administration’s (FMCSA) Safety Measurement System (SMS) quantifies the on-road safety performance and compliance history of motor carriers to prioritize enforcement resources, determine the safety and compliance problems that a motor carrier may exhibit, and track each motor carrier’s safety. The Federal Motor Carrier Safety Administration (FMCSA) designed the SMS expecting that changes would be made as new data, and additional analysis became available.

This release is the first in a series of expected improvements to SMS that will take place periodically. FMCSA is providing a preview period and opportunity to comment for enforcement personnel and motor carriers prior to the implementation of these SMS changes. This document updates the March 27, 2012, version previously posted by including a more in-depth explanation of the proposed changes. It also updates the analysis referenced the March 27, 2012, Federal Register notice by using more current data. Following the preview period and analysis of comments, FMCSA may make final refinements to the methodology before implementation and release of the revised SMS results.

The first package of proposed SMS enhancements included:

  1. Strengthening the Vehicle Maintenance Behavior Analysis and Safety Improvement Category (BASIC) by incorporating cargo/load securement violations from today’s Cargo-Related BASIC.
  2. Changing the Cargo-Related BASIC to the Hazardous Materials (HM) BASIC to better identify HM-related safety and compliance problems.
  3. Better aligning the SMS with Intermodal Equipment Provider (IEP) regulations.
  4. Aligning violations that are included in the SMS with Commercial Vehicle Safety Alliance (CVSA) inspection levels by eliminating vehicle violations derived from driver-only inspections and driver violations from vehicle-only inspections.
  5. More accurately identifying carriers that transport significant quantities of HM.
  6. More accurately identifying carriers involved in transporting passengers.
  7. Modifying the SMS display to:
    • Change current terminology, “inconclusive” and “insufficient data,” to fact-based descriptions.
    • Separate crashes with injuries from crashes with fatalities.

Learn more about the Safety Measurement System.

New Updated FAQ’s Section

The Hours of Service of Drivers Final Rulewill be published in the Federal Register on December 27, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013. The links below provide more details regarding the HOS Final Rule:

PROVISIONCURRENT RULEFINAL RULE – COMPLIANCE DATE JULY 1, 2013
LIMITATIONS ON MINIMUM “34-HOUR RESTARTS”None(1) Must include two periods between 1 a.m.- 5 a.m. home terminal time.
(2) May only be used once per week.
REST BREAKSNone except as limited by other rule provisionsMay drive only if 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes.
PROVISIONCURRENT RULEFINAL RULE – COMPLIANCE DATE FEBRUARY 27, 2012
ON-DUTY TIMEIncludes any time in CMV except sleeper-berth.Does not include any time resting in a parked CMV. In moving CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth. Also applies to passenger-carrying drivers.
PENALTIES“Egregious” hours of service violations not specifically defined.Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers.
OILFIELD EXEMPTION“Waiting time” for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping.“Waiting time” for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in “remarks” or a separate line added to “grid.”

1. Why is this rule being issued?

2. When is compliance required?

3. Which drivers are most likely or unlikely to be affected by the rule changes?

4. What are the costs and benefits of the rule?

5. Does this rule impact passenger-carrying drivers in any way?

6. What are the primary changes of the HOS regulations in this final rule?

7. What other changes are there in the rule? Penalties Oilfield Exemptions

8. Additional Questions and Answers

9. Where can I find detailed information about this new HOS final rule?

1. Why is this rule being issued? Top
The goal of this rulemaking is to reduce excessively long work hours that increase both the risk of fatigue-related crashes and long-term health problems for drivers. A rule cannot ensure that drivers will be rested, but it can ensure that they have enough time off to obtain adequate rest on a daily and weekly basis. The objective of this rule, therefore, is to reduce both acute and chronic fatigue by limiting the maximum number of hours per day and week that the drivers can work. On average, the rule reduces a driver’s maximum allowable hours of work per week from 82 hours to 70 hours, a 15% reduction. The 15% reduction in the average maximum allowable hours of work based on the new rule results from the restrictions on the use of the restart period.

2. When is compliance required? Top
Compliance with the § 395.2 definition of “on-duty time” and the § 395.1(d) “oilfield” provisions, when applicable, is required 60 days after publication of the Final Rule in the Federal Register. Compliance with all other provisions is required no later than July 1, 2013. Because the new rule is more restrictive than the current rule, drivers and carriers may comply at any time after the effective date of the rule; in other words, if they are in compliance with the new rules, they will also be in compliance with the current rules.

3. Which drivers are most likely or unlikely to be affected by the rule changes? Top
The rule will mainly affect drivers who work more than 70 hours a week on a continuing basis. These drivers are mostly a subset of long-haul truckload drivers. Local drivers and less-than-truckload drivers, who rarely work more than 5 days a week, are unlikely to be affected.

4. What are the costs and benefits of the rule? Top
The rule has annual costs of about $470 million and benefits of around $630 million. FMCSA’s best estimate is that the rule will produce net benefits of $160 million a year.

5. Does this rule impact passenger-carrying drivers in any way? Top
The only amendments that affect passenger-carrying drivers are the change to the on-duty definition, which allows time spent resting in a parked commercial motor vehicle to be considered off duty, and the penalties provision, which categorizes as “egregious” any violation of the driving-time limit by 3 or more hours (thus invoking maximum penalties).

6. What are the primary changes of the HOS regulations in this final rule? Top

A. Restart limited to once per week
The rule limits the use of the “34-hour restart” to once a week (168 hours).

  1. What is the purpose of the 168-hour provision?
    The purpose of the rule change is to limit work to no more than 70 hours a week on average. Working long daily and weekly hours on a continuing basis is associated with chronic fatigue, a high risk of crashes, and a number of serious chronic health conditions in drivers.
  2. What is wrong with taking two 34-hour restarts in a week?
    Multiple restarts in each week would not generally be a problem because frequent 34-hour-long off-duty periods would leave little time in a given week to build up excessive duty hours. If, however, restarts are taken every 6 days, a problem does arise: under existing rules, alternating 14 hours on-duty and 10 hours off, a driver would reach 70 hours in less than 5 full days. After a 34-hour break, the driver could then begin this same cycle again, totaling 70 hours on-duty every 6 calendar days, for an average of almost 82 hours per calendar week. Limiting restarts to one every 168 hours prevents this excessive buildup of on-duty hours, while still allowing drivers to use the restart provision to their advantage and avoiding the complexity of special provisions for more frequent restarts.
  3. Why doesn’t a 34-hour restart provide the driver enough rest?
    A driver using the minimum restart every 5 or 6 days could average 80 or more hours a week. To do this, a driver would have to be working close to 14 hours a day. If a driver did this week after week, he or she would be chronically fatigued – two nights of sleep would only mitigate, not eliminate the sleep debt the driver built up during the work week. That sleep debt would increase over time.
  4. Which drivers are most likely to be affected by the 168-hour provision?
    Drivers who work very long hours (more than 70 per week) on a continuing basis are most likely to be affected by the 168-hour provision. The available data indicate that a small percentage of truckload drivers work these extreme hours.
  5. How will inspectors be able to enforce the provision during roadside inspections?
    FMCSA recognizes that this provision will not always be enforceable during roadside inspections. FMCSA and our State partners will be able to verify compliance with this provision during compliance reviews or other interventions.

B. Restart must include 2 night periods between 1:00-5:00 a.m.
The restart must cover at least 34 consecutive hours and include at least two periods between 1:00 a.m. and 5:00 a.m., not two periods between midnight and 6:00 a.m. as proposed in the NPRM. Although both alternatives cover most estimates of when the “window of circadian low” occurs, the 4-hour (rather than 6-hour) period addresses concerns drivers raised in the comment period by giving drivers greater flexibility in ending and beginning the restart.

  1. Who will be affected by the 2-night provision?
    Only drivers who drive nights and work more than 60 or 70 hours in a week will be impacted. The nighttime operations of the major less-than-truckload (LTL) carriers should be minimally impacted, as their drivers generally receive 2 days off duty a week. Drivers who will be impacted by this provision work heavy and irregular schedules that include some nighttime driving.
  2. What is the minimum length of time a driver has to be off duty to get the 2 night periods?
    The minimum period is 34 hours. Most drivers driving day-time schedules will be able to obtain the 2 nights in a minimum 34-hour restart, if they need to use the restart at all. For example, a driver who begins a restart period when going off duty at 7:00 pm on a Friday would complete the minimum 34 hours off duty at 5:00 a.m. on Sunday. This would have included the required 2 nights off between 1:00 a.m. and 5:00 a.m. Only drivers who have a regular overnight driving schedule and who work more than 5 nights a week will need to take longer restarts to obtain the 2 nights off.
  3. If a driver works 10 hours a night 6 nights a week and takes the 7th night off, does he then have to take an extra night off?
    No, the driver would be working 60 hours in 7 days and would not need a restart to start working again on the 8th day. The driver, therefore, would not need to use the restart provision.
  4. Won’t the 2-night provision cause night drivers to change to day time driving and add more trucks to the road during the day?
    The FMCSA knows of no reason why drivers would stop driving at night to avoid the extra hours that may be needed to meet the 2-night requirement. Most drivers who regularly drive overnight do not work enough hours to need a restart and, therefore are not subject to the 2-night requirement. J.B. Hunt, a truckload carrier, stated that 32 percent of its drivers occasionally drove at night; these drivers did so on average only 6 nights a month.
  5. Won’t the 2-night requirement make drivers “flip” their sleep schedule on their days off?
    It is likely that most nighttime drivers already flip their schedules regardless of the restart length, particularly when taking a restart at home; otherwise they would have minimal time to spend with their (day-oriented) families. Because daytime sleep is shorter and of lower quality, switching to night sleep helps at least to attenuate the sleep debt a driver working maximum hours builds up. Research consistently indicates that it is difficult to get more than 4 to 6 hours of sleep during the day; sleeping during the day on days off, therefore, simply increases the driver’s sleep debt.
  6. Are the two nighttime periods based on the driver’s terminal time or local time, when different?
    Drivers’ logs are based on the time zone of their home terminal. The 2-night periods are, therefore, set by the time at the home terminal. They are not related to “local time.”
  7. Will the 2-night provision end nighttime deliveries?
    No. Most drivers who routinely drive at night are either LTL line-haul operators or work for local private carriers making deliveries (such as grocery and restaurant suppliers). Neither of these is likely to switch to day driving nor is there any reason why they would need to. Most of these drivers work few enough hours per week (less than 60) that they can maintain their preferred schedule while still complying with the HOS rule. In particular, if they are not driving more than 60 or 70 hours, they are not affected by the changes to the restart. Long-haul truckload drivers may prefer to drive at night, but their schedules are irregular and determined by their appointment times. Even these drivers, according to ATA, do not routinely work enough hours to trigger the need for the restart. When they do work maximum hours, they can still drive at night 5 nights a week.
  8. Isn’t the 2-night requirement based solely on one lab-based study?
    To study the effectiveness of the 2-night restart provision, FMCSA tested in a controlled sleep lab environment. This is done under the premise that if a provision is not effective in the lab, it certainly will not be effective in a field-related environment. That is, if people cannot obtain adequate sleep in the best-case environment (a dark, quiet room, with no possibility of interruption), they will not be able to obtain adequate sleep in a normal environment, let alone in a sleeper berth at a truck stop or beside a road. The study found that the 2-night provision works better than 1-night to mitigate driver fatigue in nighttime drivers. The findings of the study could be conservative, i.e., they could understate the adverse effect of night work on performance. In the study, the subjects did not work more than half of the full 14-hour work period and had 58 hours off between weeks. The impact on drivers who are working twice as much and attempting to start work again in a shorter period is likely to be more severe than the study indicated.

C. No driving if more than 8 hours since last break of 30 or more minutes
The final rule requires that if more than 8 consecutive hours on duty have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take a break of at least 30 minutes before driving. To address an issue raised by commenters, FMCSA has also added an exception for drivers of commercial motor vehicles (CMVs) carrying Division 1.1, 1.2, or 1.3 explosives to allow them to count on-duty time spent attending the CMV, but doing no other on-duty work, toward the break.

  1. Why is FMCSA requiring drivers to take breaks?
    Recent research found that any break from driving reduces risk in the hour following the break, but off-duty breaks produced the largest reduction. This study also showed that when non-driving activities (both work- and rest-related) were introduced during the driver’s shift—creating a break from the driving task—these breaks significantly reduced the risk of being involved in a safety critical event during the 1-hour window after the break. The benefits of breaks from driving ranged from a 30- to 50-percent reduction in risk with the greatest benefit occurring for off-duty (non-working) breaks.
  2. Do I have to take a break exactly 8 hours after I come on duty?
    No, the rule gives drivers flexibility in when and where to take the break. The rule only prohibits driving if more than 8 consecutive hours have passed since the last off-duty period of at least 30 minutes. For example, if a driver spends 2 hours loading at the beginning of the day, then has a 10-hour drive ahead of him, he must take the break no later than 8 hours after coming on duty. He can, however, take the break earlier. If he takes a half-hour or more break at some point between the 4th and 8th hours after coming on duty, he can complete the rest of his planned 10 hours of driving without another break.
  3. Does the break have to be spent resting?
    No. The driver must be off duty for at least a half hour. Meal breaks or any other off duty time of at least 30 minutes qualifies as a break. Drivers carrying certain explosives, who are required to attend the vehicle at all times, are allowed to count attendance time, which is on duty, toward the break if they do no other work during that time.
  4. Can the shorter sleeper-berth break (minimum 2 hours) be used to meet the half-hour break requirement?
    Yes. Any off-duty or sleeper-berth period of 30 minutes or more will meet the requirement.
  5. Does the break count against the 14-hour driving window?
    Yes. Allowing off-duty time to extend the work day would allow drivers to drive long past the time when fatigue becomes extreme. The 14-consecutive-hour rule was adopted to prevent that and to help drivers maintain a schedule that is consistent with circadian rhythms.
  6. Which drivers are most likely to be affected by this provision?
    Commenters to the proposed rule stated that most drivers already take breaks, so they are unlikely to be affected. The only drivers who will be affected are those who drive after working for more than 8 hours without taking any off-duty time.
  7. Can time spent waiting to be loaded or unloaded count toward the break requirement?
    Time spent waiting to be loaded or unloaded is on duty unless the driver has been released from all responsibility for the truck. Except for drivers attending loads of certain explosives, on-duty time cannot be considered as a break.

7. What other changes are there in the rule? Top

  1. Definition of On-Duty Time
    The FMCSA is excluding from the definition of on-duty time any time resting in a parked commercial motor vehicle (CMV), or up to 2 hours in the passenger seat of a moving CMV, immediately before or after 8 consecutive hours in the sleeper berth.
  2. If a driver spends time waiting to be loaded or unloaded resting or conducting personal business, can the driver log it as off duty?
    The changes to the definition do not alter the existing parts of the definition that define, as on duty, “(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded.” Unless a driver is released from all responsibility for the vehicle while waiting to be loaded or unloaded, time spent waiting is still considered on-duty time.
  3. Why didn’t FMCSA limit the amount of time a driver can rest in a parked vehicle?
    FMCSA does not believe that the rule should include a time limit in a parked CMV. Under the previous definition, a driver could be forced to spend time out of the cab even if there were no safe place to do so or no shelter or facilities. It is surely better that the driver can rest in the cab in these circumstances, regardless of the length of time involved.
  4. Why is a team driver limited to counting 2 hours in the passenger seat as off duty?
    This rule continues to require drivers to take 8 consecutive hours in the sleeper berth, and allows them to take an additional 2 hours in the passenger seat when the vehicle is moving, without artificially confining them to the sleeper berth for the entire 10-hour period. This provides team drivers an opportunity to “keep the truck moving” by having driver A drive for 10 hours while driver B obtains a full daily rest period without having to stay in the sleeper berth for 10 straight hours. Driver B can take 8 hours in the sleeper berth and 2 hours in the passenger seat to accomplish the required off-duty period. Then the drivers may change positions and keep the truck moving. This reversal pattern could continue until either driver reaches the maximum limit of 60 or 70 hours on-duty in a 7 or 8 day period.

A. Oilfield provisions
As proposed, FMCSA is revising the oilfield operations exception to clarify the language concerning recording of waiting time and to state that waiting time is not included in the calculation of the driving window.

  1. Why is this change necessary?
    The current regulation requires certain drivers to keep a separate record of “waiting time” at well sites, but does not specify how the record should be maintained. The new rule is more specific in response to requests for clarification from the industry and law enforcement.
  2. Does this change the exclusion of waiting time from the driving window?
    No. FMCSA has previously stated that the waiting time at well sites is not included in calculation of the driving window. This new rule clarifies that by placing specific language in the regulatory text.

B. Penalties
The FMCSA is adopting, as proposed, a rule that driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. This rule allows, but does not require, the agency to treat these violations as egregious.

  1. Why did FMCSA select 3 or more hours as a potentially egregious violation? Egregious means: extraordinary in some bad way; glaring; flagrant.
    Under adverse driving conditions, the hours-of-service regulations allow up to 2 extra hours of driving. Exceeding the normal driving-time limits by 3 or more hours, however, would severely test driver stamina and substantially increase the risk of a fatigue-caused crash. A violation that serious warrants severe penalties.

8. Additional Questions and Answers Top

  1. Is the driving time limit being changed from the current 11 hours?
    No. In the NPRM, FMCSA proposed changing to a 10-hour limit or keeping the current 11-hour limit, with a preference for the 10-hour option. FMCSA examined many studies on the relationship between work hours and health and safety, both in trucking and other industries; reviewed the comments and information submitted to the docket, mostly in opposition to a 10-hour driving limit; and completed elaborate analyses in accordance with Presidential Executive Order 13563*, “Improving Regulation and Regulatory Review,” of the costs and benefits to health and safety of 9-, 10-, and 11-hour driving limits. In the absence of compelling scientific evidence demonstrating the safety benefits of a 10-hour driving limit, as opposed to an 11-hour limit, and confronted with strong evidence that an 11-hour limit could well provide higher net benefits, the Agency has concluded that adequate and reasonable grounds under the Administrative Procedure Act for adopting a new regulation on this issue do not exist and that the current driving limit should therefore be allowed to stand for now.
  2. Has FMCSA changed the sleeper berth rules?
    No, FMCSA did not propose nor has it adopted any changes to the provisions that cover the use sleeper-berths.
  3. Has FMCSA addressed the problem of detention time (shippers and receivers making drivers wait extended periods of time to be loaded or unloaded)?
    No. FMCSA does not have the statutory authority to regulate shippers and receivers.
  4. Why has FMCSA considered driver health issues?
    FMCSA has a statutory mandate to ensure that “the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators.” Recent research has linked long work hours and the resulting curtailment of sleep to a range of serious health effects, particularly when combined with a job that is basically sedentary, like truck driving. These health conditions – including obesity, high blood pressure, other cardiovascular diseases, diabetes, and sleep apnea – not only shorten drivers’ lives, but also can result in substantial ongoing medical costs and put drivers’ medical certifications at risk. CMV drivers suffer from these conditions at a higher rate than the population as a whole.
  5. Will the rule increase the cost of transportation and consumer products moved by trucks?
    Transportation costs represent a relatively small part of the cost of any consumer item. However, the largest contributor changes in transportation costs is the price of diesel fuel. The cost of the rule changes to the industry is the equivalent of an increase of less than $0.03 per gallon of diesel for the long-haul segment of the industry. The U.S. Department of Agriculture indicates that transportation represents only 2 to 6 percent of each food and beverage dollar. If, as FMCSA projects, transportation costs will increase by less than 0.25 percent, the increase in the price of each food item will be a very small fraction of a penny.

Impacts on consumers of increased freight transportation costs would be small for individual households, even for a rule that imposed substantial costs, because these costs would be spread among a wide range of goods, purchased by millions of households. Each billion dollars of increased costs, passed on to U.S. consumers in the 117.5 million households estimated for the year 2010 by the U.S. Bureau of the Census, would cost an average household less than $9 per year. This hours-of-service rule, with costs of $470 million annually, would have an impact of only about $4 per household per year.

9. Where can I find detailed information about this new HOS final rule? Top
Further details of the technical analysis of the details are available.

Information Articles

Maintaining Safety Compliance Regarding HAZMAT Requirements

Maintaining Safety Compliance Regarding HAZMAT Changes

The Federal Motor Carrier Safety Administration (FMCSA) continuously makes changes to the Compliance, Safety, Accountability (CSA) program. One such change to safety compliance came with the release of the Safety Measurement System (SMS).

As part of this release, the FMCSA refined the criteria for hazardous material thresholds. After listening to the input of industry and enforcement professionals and carefully monitoring motor carriers transporting hazardous materials, the FMCSA made changes in the hopes of more accurately identifying those motor carriers that transport placardable quantities of hazardous materials.

These changes are meant to improve overall road safety and ensure enforcement resources are used as efficiently as possible. So, what do these changes mean for the transportation industry?

CSA Background

The SMS was released to evaluate the safety performance of motor carriers over a 24-month period using seven Behavior Analysis and Safety Improvement Categories (BASICS). The information is based on inspections and investigations. These seven BASICS include:

  1. Unsafe Driving
  2. Fatigued Driving (including Hours-of-Service)
  3. Driver Fitness
  4. Controlled Substances/Alcohol
  5. Vehicle Maintenance
  6. Cargo-Related/HAZMAT
  7. Crash Indicator

The FMCSA updates the percentiles for the BASICS each month. If a company’s BASIC percentiles go above FMCSA safety compliance thresholds, they will be prioritized for an FMCSA investigation.

These thresholds affect companies that transport hazardous materials more than other carriers, especially those that transport placardable quantities of these materials. This is due to the higher safety risk to the public that’s involved with transporting hazardous materials.

What are the HAZMAT Changes?

The hazardous material intervention threshold was based on the registration information from motor carriers that indicated they transported hazardous materials. The problem with this system is that it inaccurately classified some carriers.

Some companies that were not carrying placardable quantities of hazardous materials were being subject to the regulations. On the other side, some companies that did meet the threshold requirements were not being subjected to the regulations they should have been.

The classification process is now based on operational evidence. This evidence is based on one of three criteria:

  • An inspection in a 24-month period that identified the carrier as possessing a placardable quantity of hazardous materials,
  • A review of safety audit in a 24-month period that identified the carrier as carrying a placardable quantity, or
  • The motor carrier has a hazardous material permit

This makes the classification more centralized, to avoid further discrepancies.

How Can You Determine Your Status?

If a motor carrier is unsure about their hazardous material status, they can find this information on the SMS website. To access the records:

  1. Enter the company U.S. DOT or MC number
  2. Scroll to the registration information
  3. View “Subject to Placardable Hazardous Material Threshold” and you will see “yes” or “no”
  4. If the answer is “yes,” you can click on the link to discover why

You can also check out your CSA data to check for accuracy.

Improve Your Safety Performance

One of the best ways to ensure your drivers are maintaining safety compliance is to provide a consistent, ongoing safety training program. It can be difficult to get everyone together to complete training in-person.

With Infinit-I Workforce Solutions, you can provide safety training on CSA BASICS, common issues, or any other safety topics that are important to your company without disrupting driver schedules. Infinit-I offers an online training option so drivers can complete assignments at their convenience.

Set up training, and let the system take care of the rest. To see how easy Infinit-I is to use, request a demo today.

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Features of a Good LMS for Training

The biggest benefits of learning management systems (LMS) come down to two categories: cost savings and improved efficiency. To get the most out of a learning system, you need to use one that will best meet your company’s training needs.

This means it’s important to evaluate your current training and determine future needs to pick the right tools. While you won’t want to eliminate all in-house meetings, a learning management system can help you reduce long training times and make it easier to provide consistent training.

What to Look for in a Learning Management System

A good training program provides consistent training to all employees. A good LMS will allow you to keep training centralized so you can provide training with quality consistency no matter where your employees are located.

You can also develop ongoing training schedules so safety and other important topics remain top of mind for everyone. You can easily determine how well employees are understanding the training provided since the system will track user progress and performance.

Easy-to-Use Reporting

You want to find a system that gives you easy access to training reports so you can track use, progress, knowledge gains, and the ROI of your training program. These reports are also useful to prove you are following regulatory requirements in heavily regulated industries.

Manage All Training and Policy Materials in One Place

With a system like Infinit-I Workforce Solutions, you can upload any content you want to provide to supplement training. Video, audio, PowerPoint, and any other media is compatible with the Infinit-I system so you can keep policies, procedures, communications, and supplemental materials together for employees to access whenever they need them.

You can access the ready-to-use training materials or customize your training content with company-specific training or third-party materials you want to incorporate. With the right integration tools, you can make your training system meet all your company needs.

Easily Assign Training

With a good LMS, you can assign training to meet everyone’s needs. Set up orientation training, so all you have to do is assign it to new drivers during the onboarding process. Set up ongoing training for the year, and let the system take care of notification and tracking.

You can even assign training for specific people to deal with corrective action needs or to help in areas they are struggling. Training can be assigned to specific groups when you need to provide training for specific departments.

Provides Easy Communication for Multiple Locations

Whether you have multiple locations for your company, or you have remote employees, a good system will allow you to communicate important information immediately. Put announcements in the system so every employee has access to it.

Easy to Navigate

When assigning online training, you want it to be simple for all employees to use. The best systems will make navigation through the training easy. You also want to look for a system that makes accessing the training easy.

Look for a system that gives options for online access through the site or through apps for Apple and Android devices. This ensures employees can find their training without issue.

Technology Should Make Life Easier

Infinit-I Workforce Solutions is constantly looking for ways to improve our LMS so we can make training easier for everyone. We provide tools that allow managers to track and manage documentation for all employee training simply. We make the system easy for employees to access so you can increase training participation.

Our system is the #1 trusted training management system because we have created it with your needs in mind. To see how valuable the Infinit-I system is, check out what our clients have to say about it.

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A May 2011 report from the Federal Motor Carrier Association (FMCSA) provided an evaluation of web-based or online training methods for the trucking industry. The report goes through the different types of web-based training and the effectiveness of each.

While much depends on the company and employees, the FMCSA report determined that online training does provide value when it comes to training drivers on safety and regulatory requirements.

What Does the Evidence Show?

The FMCSA study concluded that online training provides a training delivery method that:

  • Reduces the time and cost associated with training
  • Gives employees access to training materials anytime, and
  • Makes it easy to update information

The FMCSA found that online training eliminated travel costs and reduced instruction costs significantly. Online platforms make it simple and less costly to update training materials and information, while making it easier to reach a larger audience to provide training.

Online training also makes it easier to standardize training, so everyone is on the same page when it comes to new or updated information. You can provide training to employees as soon as it’s needed which simplifies orientation, ongoing, and corrective action training needs.

The evidence also suggests that online training is potentially more effective than traditional training methods, when the training is developed by people experienced with online training design.

This is due to the fact that it’s easier to administer training to all employees with online methods. The shorter training modules make it easier for employees to retain the information, and training can be done regularly so safety stays top of mind.

Online Training is a Useful Tool for the Transportation Industry

The report from FMCSA is good news for the transportation industry. With tools to provide online training, drivers can spend their time on the road instead of in a classroom and can complete necessary training when it’s convenient for them.

This report also supports the mission of Vertical Alliance Group to provide transportation companies of all sizes the training they need with an online learning management system that allows you to train, monitor, and assess employees and employee needs.

Learn more about how the Infinit-I Workforce Solutions platform can help you transform your training.