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28 Things Employers Should Do While Employees Are Heading Back

After a very informative webinar this week, we’ve decided to dive deeper into your strategic reopening. In case you missed the meeting, check it out here.

We spoke with Attorney Monica Narvaez about all the things employers should consider as employees return to work. While all her suggestions were thought-provoking, some were downright surprising.

Our expert advisory board has developed a checklist for Strategic Reopening. Use the checklist to determine which of these issues could be a potential threat or opportunity for your business and plan accordingly.

Here’s a breakdown and explanation of some things to consider while planning your reopening strategy.

CDC Flowchart

Download the CDC flowchart to determine if opening is an option for your business, school, or public space. This document asks yes or no questions to help you decide if reopening too soon will put your customers or employees at risk of infection.

OSHA Requirements

Research Osha requirements to determine your responsibilities in reopening. You are now liable for the health of your employees regarding COVID-19. Research your states employer requirements in sanitization, documentation, monitoring, and response planning.

Develop a Reopening Playbook

Have a plan in place before issues arise. Impromptu response can lead to emotional decisions.

Include Communication Plan – What information and how often will you communicate with your employees? The goal is to eliminate fear and doubt they may feel as not to hinder their work performance.

Determine Reassignment Structure – Does your business need to maintain its previous staffing structure? Many companies have focused on productivity and efficiency. In streamlining, they realized the cost-cutting potential of downsizing.

Identify Unemployment Triggers – If you do decide to reduce your workforce, check the Fair Labor Standards Act’s Fact Sheet regarding furloughed employees and pay reductions.

Work from Home Options – WFH options have the potential to drastically reduce your overhead costs. If employees are still as acceptably productive, it is worth looking at remote workstations as a permanent solution.

Health and Safety Considerations

Sanitization Plan – Before the mass return of employees, it is recommended to sanitize all office equipment, surfaces, floors, and bathrooms to limit the spread of germs.

PPE Requirements – Decide whether or not employees will be required to wear gloves, masks, etc. when returning to work. If you deem PPE necessary, your state may require you to provide it to your employees.

Cleaning Protocols – Determine what items need to be cleaned and how often. Think about commonly touched surfaces such as coffee pots, doorknobs, copy machines, time clocks, etc.

Health Requirements – Will you check your employees’ temperatures daily before they enter the building? What will you do if they have symptoms of COVID-19? Make sure you document all data and keep the information private.

Social Distancing Effort – To keep employees as comfortable as possible, make necessary accommodations to comply with social distancing protocols. Do not require employees to maintain a distance closer than 6 feet if it is not their choice. You can allow employees to spread apart their workstations or provide plexiglass barriers to protect them from airborne spread.

Employee in Contact with Positive Test – The CDC recommends that anyone in contact with a positive COVID-19 patient should stay at home and practice social distancing. Employers should notify everyone there has been a potential for contact so they can self-monitor for symptoms.

Employee Tests Positive – According to the CDC, that employee should self-isolate and follow the CDC recommended steps. Employers must inform their employees of possible exposure to COVID-19. You may not, however, reveal the identity of the employee who tested positive.

Develop a Response Plan

Staffing Level Changes – Assess the level of productivity achieved after layoffs and furloughs. Adjust your staffing level accordingly

Re-instate vs. Re-hire – Furloughed employees can simply be reinstated. Laid-off employees will need to be re-hired.

Decrease/Increase Wages – Some employees are currently making more money on unemployment benefits than they did when working. It may be necessary to increase wages to encourage them to come back to work.

Refusal to Return to Work – Know your rights as an employer. If you offer a laid-off employee their job back and they refuse, they may no longer be eligible for unemployment.

Re-establish Benefits Level – Will employees that are hired back be eligible for the same health insurance, retirement plan, paid time off plan as before?

Create Rationale to support Layoffs – Use what you learned to base your rationale on what job duties are still necessary. Some job duties may no longer be necessary.

Determine Severance Payouts – Consider whether WARN or COBRA apply. By state, some employees have a right to severance or paid leave accrual payouts.

Moving Forward

Preparation for Second Wave – If you did not have a business continuity plan before the pandemic, create one now. If you did have a continuity plan, examine what worked and what needs to be improved.

Shelter in Place #2 – You now have a better idea of what positions in your company are essential and which ones are not. If the country is hit with a second shelter in place order, act quickly to transition essential employees back to remote work.

New Essential Employees – Do your essential employees have the technology required for extended remote work. Make accommodations for data storage, cybersecurity protections, and any other reasonable requests.

Renegotiating Contracts – Consider any employment contracts to consider, renegotiate, or terminate. There may be collective bargaining agreements in place that need to be followed.

Legal Precautions

COVID-19 Worker’s Comp – Employees are still covered for injuries at home under Workers Compensation and OSHA. In some states, if an employee contracts COVID-19, it will be immediately assumed to have been contracted at work. They will be entitled to Worker’s Comp.

OSHA – Negligence – You must be aware of all state requirements. Know your liability, follow guidance and torts for negligence.

Whistleblower Response – Create a response plan if you are accused of not providing the required PPE, requiring non-essential employees to work, or having previous knowledge of known hazards.

Extras

For more information, replay the Infinit-I Workforce Solutions webinar entitled Navigating the Unknown.

You can download this easy-to-read checklist that will help you keep track of your strategic reopening. Use it for your business or send it to your manager.

 

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FMCSA is Changing HOS… Again! 4 New HOS Rules.

It’s been difficult to adjust to all the changes released by the FMCSA lately. The trucking industry would never have predicted the DOT to relax hours of service regulations. And yet, here we are. Scrambling to research, read, and absorb all the legal jargon thrown our way.

A docket for the outline of the final ruling has been released. Revised HOS regulations will become effective 120 days after publication in the federal register. The actual date has not been released.

 What are the changes?

Pages 8-9 of the final ruling state the changes will include: The 30-minute Break, Introducing the 7/3 Split, Adverse Driving Conditions Exception, and the Short-haul Exception.

 

The 30-minute Break

Drivers are still required to take a 30-minute break after 8 consecutive hours on duty. Previously, the break was only valid if the driver was in an off-duty status. (off-duty or sleeper berth). Now, the break is valid during on-duty functions as long as you are not driving.

Drivers can now legally take a 30-minute DOT break while:

  • – Waiting in line at the shipper/receiver
  • – Fueling or waiting in line at the fuel pump
  • – Co-driver sitting in the passenger seat
  • – Filling out paperwork
  • – Loading/Unloading/Lumping

Just switch your status to On Duty – Not Driving.

Introducing the 7/3 Split

The 8/2 split rule is just as complicated as it is helpful. This new HOS ruling expands a driver’s resting options. In addition to the typical 10-hour break or 8/2 split, the FMCSA is introducing the 7/3 split.

The new 7/3 split rule works the same as the 8/2 split. It takes some drivers years to master the concept. Here is a simplified overview:

Truck drivers can be on duty for 14 hours a shift. Only 11 hours of that can be drive time.  Once they have reached 11 hours of driving or 14 hours since their day started (whichever comes first), they must go off duty for at least 10 hours.

Every driver should know this rule by heart. And most stick to this schedule day in and day out.

But what happens if your delivery time is outside your 14-hour window?

Let’s say a driver starts his shift at 10 am. It is 14 hours until midnight. If he drives 11 hours before midnight, he must stop for 10 hours.

But what if his delivery is scheduled for 2 am? He will be on break; he won’t be able to deliver on time. Unless he uses the new 7/3 split.

So, our driver begins his shift at 10 am, drives a total of 8 hours and arrives at his destination city at 6 pm. That’s too early to deliver but he does not have time to take a full 10-hour break.

With the new rule, the driver must go into the sleeper berth for a full 7 hours. When he wakes up, he can use all the on-duty time that was left over from before his break.

After completing his on-duty functions, he must go back into an off-duty status for at least 3 hours to complete his 10-hour break.

Confusing, right?

In essence, a split will pause the 14-hour on-duty window. When he comes back on duty, he will only have the leftovers from before his 7-hour break. So, if he drove 8 out of 11 hours, after the 7-hour break he can drive the remaining 3 hours.

When he comes out of the sleeper, the 14 starts running again. Since he was on-duty for 8 hours before the 7-hour break, his 3 hours of drive time must be used before his total 14 runs out. He would have 6 hours on duty to get in 3 hours of driving.

After 7 hours in the sleeper:
14 Total – 8 On-duty = 6 On-duty hours left at stop.
11 Drive – 8 drive = 3 Drive hours left at stop.
Must go back off duty for at least 3 hours to complete the break.

 

Modified Adverse Driving Conditions Exception

Under this exception, two extra drive hours are available to drivers who encounter irregular and unforeseen circumstances that may have slowed your travel. This exception can now be applied to passenger-carrying CMVs.

Adverse Driving Conditions Examples:
  • – Sinkhole or downed powerline that causes a delay
  • – Traffic accident that shuts down traffic
  • – Sudden tornado, snow, fog, etc. that was not in the forecast.

If you qualify for this exception, you can now drive up to 13 hours as long as you do it within your 14-hour window. Keep in mind, it does not take away your 30-minute break or extend your 14.

This exception does not extend your 60 or 70-hour clock. If you only have 4 hours left on your DOT clock, you will only be allowed to drive out those 4 hours plus the additional 2 hours.

Drivers must follow up with a full 10-hour break. You are not allowed to split rest hours after taking advantage of this exemption.

Not qualified examples:
  • – Adverse weather you knew about or could have discovered by trip planning
  • – Traffic jams during normal rush hour times
  • – Snowstorm in the winter in North Dakota
  • – Loading and Unloading delays

The DOT strongly recommends you log that you were taking advantage of 395.1 Adverse Driving Conditions Exception.

 

Short-haul Rules

Previously, drivers using the short-haul exemption, staying within an air radius of 100 miles, could not be on duty for more than 12 hours. Short-haul drivers within a 150-mile radius cannot drive beyond the 14 or 16th on-duty hour (depending on the number of days on duty).

This revision extends the radius from 100 to 150 air-miles for all short-haul drivers. It extends the maximum duty period allowed from 12 hours to 14 hours.

 

 

More helpful information:

8 Ways Truckers Relieve Stress During the Pandemic

Clearing Up Relaxed HOS Regulations: How Does It Affect You?

Trucking Safety In a Time of Pandemic

Preplanning During a National Pandemic

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Uber Freight and CloudTrucks give Truckers New Opportunities

Uber Freight and CloudTrucks give Truckers New Opportunities

Truckers have hit hard times; the Coronavirus pandemic has taken a toll on the trucking industry. Many out of work truck drivers are turning to Uber, working in rideshare while the freight market in their sector is struggling.

Instead of sitting idle, they work for Uber because they can earn quick cash with little or no startup costs. An Uber Freight spokesperson told Transport Dive in an email “[Many drivers] would like to return to or join the trucking industry.”

Three major players in the virtual carrier market have joined forces and formed a solution. Their intention has been to give truck drivers the opportunity to easily get back into a tractor. They have created a plan to strengthen the supply chain that has continuously weakened throughout the pandemic.

Uber Freight, CloudTrucks, and Coop by Ryder are working together to achieve this goal. The partnership will give out-of-work CDL holders access to a tractor-trailer, and Uber Rideshare drivers have an advantage. Here’s how it works:

Before we get started

Uber made its debut in 2009 as a virtual rideshare program. It works like a taxi service, except the drivers are owner-operators and use their personal vehicles.

Drivers use the Uber app to advertise their available times and rates. Customers use the same app to request a ride to their destination.

Uber has since expanded their platform to include such services as UberEats (a food delivery service) and Uber Freight (freight brokerage).

What is Uber Freight?

Uber Freight launched in 2017 as a virtual broker. Owner Operators can use the Uber Freight app to book brokered loads with ease. The app is very simple to use and allows a ‘no frills’ interface for transparency and efficiency.

What is CloudTrucks?

CloudTrucks is proving the potential of virtual freight load boards. The online carrier is a one-stop shop for Owner Operators. They not only find loads; they also manage all the paperwork that Owner Ops usually must keep track of while over the road.

What is Coop by Ryder?

Coop by Ryder is an online platform that connects businesses with idle trucks and businesses with too much freight. Basically, if ‘Company A’ has too much freight to move, they reach out to Coop. Coop connects them with ‘Company B’ who has sitting trucks.

Inside Info

This partnership triangle came about due to consumer necessity and the need to increase capacity during the Coronavirus pandemic.

Uber is using its existing resources to meet that need because many of the Uber Rideshare drivers mentioned earlier hold a CDL. Uber Rideshare drivers with a valid CDL can now lease on with CloudTrucks. They will have access to the CloudTrucks app and all its amenities.

Uber drivers begin driving under the authority of at signup. CloudTrucks mobile app’s nation-wide load board manages and books loads from brokers, offers affordable insurance options, gives immediate payment for the load after booking, and much more.

Then, drivers will begin the orientation process. Physicals, drug screens, road tests, etc will take place as normal. It is not clear if accommodations will be made for CLP holders and trainees.

What if I don’t have my own equipment?

This is where Coop by Ryder enters the game. The partnership between CloudTrucks and Coop allows drivers to lease a tractor and trailer. Cloud Trucks will even pick up the deposit to speed up the transaction.

“Truck drivers are the backbone of our economy, and communities are depending on them now more than ever. Our objective at Uber Freight is to support all truck drivers whether they are industry veterans or just starting out, and we hope this partnership with CloudTrucks and COOP by Ryder will open up more opportunities for those already on the Uber platform.”

-Laurent Hautefeuille, Head of Business Development and Strategy & Planning at Uber Freight.

How a company can ease the driver’s transition.

CloudTrucks and Uber Freight offer loads of every shape, size, and endorsement. The main advantage of becoming an online carrier/broker is not being committed to one specific sector of the trucking industry.

Some drivers are apprehensive of joining these virtual businesses because they are only familiar with one specific type of freight (e.g. reefer, tanker, flatbed, etc.) Their apprehension begs the question:

“How can we quickly and easily cross-train drivers for sector transitions?”

Big players in the trucking industry have found that online training specific to their sector is the way to go. As soon as a driver is hired, no matter their work history, they can immediately be assigned training videos to prepare them for their new role.

Learning Management Systems are in high demand, especially since the beginning of the pandemic. Social distancing expectations have moved industry leaders toward the use of an LMS to retain their productivity.  And those expectations will not be short-lived. Social Distancing is here to stay.

News you might have missed:

8 Ways Truckers Relieve Stress During the Pandemic

CSA Score Reduction, How to Challenge FMCSA Crash Rulings

Safety Managers’ Relief; The Drug and Alcohol Clearinghouse

Logistics – Legal Trouble after COVID-19

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CSA Score Reduction, How to Challenge FMCSA Crash Rulings

CSA Score Reduction, How to Challenge FMCSA Crash Rulings

The Rundown:

Compliance, Safety, Accountability. Professional drivers and trucking companies know this acronym all too well. The CSA program was designed to rank professional drivers based on their performance and safe driving.

If a driver is involved in an accident, they are awarded CSA points. The amount of CSA points given are based on the severity of the infraction.

Although the points are based on the driver’s actions, the score actually belongs to the carrier. Carriers are then ranked into a percentile based on their number of CSA points.

Each professional driver has their own Pre-Employment Screening Program record (PSP) that contains information about crashes and roadside inspections. Incidents and inspection ‘dings’ assign points to a driver.

A driver with more CSA points is usually a bigger risk as a new hire and will affect the carriers CSA percentile ranking.

How You Rank:

CSA points are calculated based on the following 7 categories:

Unsafe Driving, Crash Indicator, HOS Compliance, Vehicle Maintenance, Controlled Substances/Alcohol, Hazardous Materials Compliance, Driver Fitness

 Previously, the FMCSA would list accidents on a carriers’ public safety CSA reports without stating whether the driver was at fault.

The drivers PSP would not show if the accident/incident was preventable or non-preventable, just that it happened.

The FMCSA has announced changes to the calculation process in the crash indicator category after receiving feedback from industry professionals.

The new Crash Preventability Determination Program (CPDP) allows crashes that took place on or after August 5, 2019 to be submitted for reconsideration.

The points will be removed and the crash results will be amended if the crash meets certain criteria.

What is the CPDP?

The new Crash Preventability Determination Program guidelines will benefit drivers and motor carriers alike.

Here’s what it does:

  • Expand the types of eligible crashes – Several new crash types have been added, see the full expanded list below.
  • Modify the Safety Measurement System – Crashes that have already been recorded can now be re-evaluated under the new regulations.
  • Exclude points from crashes that were non-preventable – The list of crash types has been expanded. See below for a detailed list.
  • Note the non-preventable determination in the PSP – The FMCSA keep a record of accidents and incidents for every CDL driver. This report is used by recruiters/safety to make hiring decisions. Now, points from eligible crashes can be reconsidered/removed from the report.

The New Crash Types

Crashes are eligible for reconsideration of they occurred on or after August 5, 2019. Carriers are encouraged to review crashes in that timeline and resubmit if they fall into one of the following categories:

  • Struck in the rear – CMV was struck in the rear or on the side at the rear.
  • Wrong Direction or Illegal Turn – CMV struck by a motorist going the wrong way or vehicle making a U-turn or illegal turn.
  • Parked legally stopped – CMV was struck while obeying a traffic control device (stop sign, red light, yield sign). CMV was struck while legally parked, even if unattended.
  • Failure of the other vehicle to stop – Struck by a vehicle that failed to stop or slow down in traffic. Struck by a vehicle that failed to stop at a traffic control device.
  • Under the influence – CMV involved in a crash where the at-fault party was under the influence (intoxicated)
  • Medical issues, falling asleep, or distracted driving – CMV stuck by an individual whose medical issue contributed to the crash (heart attack, stroke, etc. while driving). Or struck by driver who admittedly fell asleep or was distracted (cell phone, GPS, passengers, etc.)
  • Cargo/Equipment/Debris or Infrastructure Failure – CMV struck by cargo, equipment, or debris (rocks, fallen tree, items in the road.) Or failures in the highway infrastructure (ex. bridge collapse)
  • Animal Strike – CMV strikes an animal causing a crash.
  • Suicide – CMV struck an individual attempting to commit suicide.
  • Rare or Unusual – Crash doesn’t fit into another crash type

The Best Part? FMCSA is listening.

 “We’ve listened to carriers, drivers, and other commercial motor vehicle stakeholders throughout each step of this process, and strongly encourage all interested parties to submit comments on our proposed changes.”

– Raymond P. Marinez, FMCSA Administrator

Motor carriers’ CSA Safety Measurement Score will now reflect a more accurate view of their driver’s safety performance and behavior.

Drivers will no longer be penalized for accidents that were not their fault.  

The FMCSA decided to amend the previous rule after a recent review cycle. After reviewing the eligible crashes, approximately 93% of crash rulings were overturned.

The CSA points from crashes now determined non-preventable were recorded and removed from the carriers’ CSA profile within 60 days of the determination.

Want to challenge a crash?

Submit a Request for Data Review (RDR). Crashes will be reviewed and categorized into 1 of 8 sections. All crashes now considered non-preventable will be properly displayed on the driver’s PSP and CSA points will be removed from their carrier.

Professional drivers and motor carriers can apply for crash review. Just make sure the crash in question is one of the eligible, non-preventable types from the list above.

  • 1. Login to the DataQs website and simply add a request.
  • 2. Fax or Upload necessary documents
  • 3. Monitor the status of the request
  • 4. View SMS/PSP changes and final ruling

Applicants must be sure to submit enough evidence to have the decision overturned.

The request must contain a police report, either submitted by carrier or driver. The request will be considered ‘not-eligible’ without an official police accident report.

Drug and alcohol tests are required for accidents which involved a fatality. If testing did not occur at the time of the test, the applicant must submit documentation explaining the reason.

Make sure to include as much evidence as possible so the review board can make a fair determination.

Include dashcam videos, pictures of the accident, and any court documents you may have.

Keep in mind:

There are 3 reasons why the DataQ system might close out your request automatically.

When applying for a new determination, make sure to include these three things:

  • – The crash took place on or after August 1, 2019
  • – The crash fits into one of the eligible categories
  • – Use the correct crash report number

If you were assigned CSA points in an accident that was non-preventable, make sure to submit the accident for reconsideration. The FMSCA has amended its procedure to ensure a more accurate reflection of a motor carrier’s safe behaviors.

For further research, see the FMCSA’s official release.

Don’t forget these must-read articles:

HOW TO NAVIGATE THE DATAQ SYSTEM

SAFETY MANAGERS’ RELIEF; THE DRUG AND ALCOHOL CLEARINGHOUSE

SPEEDING TICKETS JUMP DRASTICALLY DURING COVID-19

LOGISTICS LAYOFFS; HOW THE INDUSTRY IS SHIFTING

LOGISTICS – LEGAL TROUBLE AFTER COVID-19

IMPROVE CSA SCORES BY 17-50%

Looking Ahead with Industry Experts:

FAST FORWARD WEBINAR SERIES

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Safety Managers’ Relief; The Drug and Alcohol Clearinghouse

Safety Managers' Relief; The Drug and Alcohol Clearinghouse

The logistics industry is littered with chatter about the FMCSA’s new drug and alcohol clearinghouse. These new federal regulations change the way trucking companies and CDL holders report data. But what exactly is a clearinghouse?

A clearinghouse is an information hub. It is a source that collects and stores information for a set of users. In a project that has taken years to come to fruition, the federal government has is using this structure for the convenience of trucking companies and CDL holders alike.

What is the Drug and Alcohol Clearinghouse?

The new Clearinghouse is a secure online database that contains records of violations of FMCSA drug and alcohol testing programs. Available information includes:

  • Positive drug or alcohol test results
  • Altered drug or alcohol test results
  • Drug or alcohol test refusals
  • Return to duty status
  • Follow up testing plan
  • SAP process completion date

The information in the database is not available to the general public, so don’t worry about your private information being released. Only select registered users can access the clearinghouse including employers, medical review officers, substance abuse professionals, and CDL holders.

Who is required to use the Clearinghouse?

Anyone who holds a Commercial Driver’s License or a Commercial Learner’s Permit can use the clearinghouse to access their records. Employers of CDL/CLP holders who operate motor vehicles can use the information to expedite their hiring process.

Drivers will have access to their own information in the Clearinghouse. There is no charge to view their electronic record. They will be able to view their drug and alcohol program violation information and the status of their return-to-duty process.

Medical Review Officers will use the database to report information gathered during DOT physicals and drug or alcohol tests. MROs must report to the clearinghouse database within two days of a failed or refused drug test.

Substance Abuse Professionals are required to report when a CDL/CLP holder is registered in a SAP program and information about a CDL holder’s return to duty activities. They also must identify the dates regarding SAP assessments, completion, and eligibility to RTD.

Use this flow chart to determine your role.

 How will I use the Clearinghouse?

  • REGISTER – Every user must register to use the clearinghouse. Make sure you determine your user role before registration. Your options are Driver, Employer/CTPA, or SAPs/MROs.
  • CONSENT – After registration, drivers must consent to having their records pulled by employers.  * Drivers are not required to register for the Clearinghouse, records will be filed under their CDL number if they do not have an account. Drivers must be registered to respond to electronic consent requests from prospective and current employees.
  • QUERY – Employers will search the database to determine if the driver’s clearinghouse record contains information about drug and alcohol program violations.
  • SAFETY – Improve road safety by preventing CMV related fatalities and injuries. Documents and readily available records will allow employers to make informed hiring decisions. Drivers with a drug/alcohol history might find it more difficult to find a job.

How does the clearinghouse improve roadway safety?

The Drug and Alcohol Clearinghouse provides employers with access to drug and alcohol violation information in real-time. It is a one-stop shop, making it easier to conduct pre-employment investigations and set qualifications.

The clearinghouse will also make it harder for drivers to conceal violations that normally might slip through the cracks. Access to the information provides more insight into a driver’s background and helps ensure employee compliance.

The database is a vital online tool to identify CMV drivers who have refused or failed drug tests.  It will also identify those who have failed to complete a Return to Duty substance abuse program.

Stay Informed

Browse the website, read FAQs, and subscribe for email updates after you register for the clearinghouse.

Affected Sectors

The new Clearinghouse will impact all CDL holders who operate commercial motor vehicles.

  • Interstate and intrastate motor carriers
  • Passenger carriers
  • School bus drivers
  • Construction equipment operators
  • Limousine drivers
  • Municipal vehicle drivers (e.g. waste management vehicles)
  • Anyone subject to FMCSA drug and alcohol tests

Effective Dates

As of January 6, 2020, employers will now be required to report all drug and alcohol violations to the Clearinghouse. This online database will be used as a tool to conduct inquiries about CDL holders, check RTD status, and eligibility to operate a CMV.

The information stored in the Clearinghouse is relevant to incidences occurring after January 6, 2020. If a violation occurred before that date, it will not be displayed in the Clearinghouse. It is important for safety officers to keep that date in mind throughout the recruiting process.

Drivers do not have to be registered to the clearinghouse for a violation to be attached to them. Clearinghouse records will be associated with their CDL number.

All drivers can choose how they want to be notified of changes to their records. They are given the option of mail or email notifications at the time of registration. Drivers will receive a notification any time information is added, removed, or updated.

How do I consent?

Employers are required to gain consent, written or electronically, from all drivers in order to pull their records. They will then use the Clearinghouse to investigate all CDL/CLP drivers annually and for pre-employment purposes.

Owner Operators will follow a slightly different procedure. They must contact the Clearinghouse to designate an administrator to update their records since they are self-employed.

This streamlined process will create a more transparent view of the driver’s drug/alcohol history. More visibility leads to easier recruiting processes for most companies. And drivers gain the advantage of being able to see firsthand what is on their records instead of relying on word of mouth from safety departments and recruiters.

For more information or to register, go to https://clearinghouse.fmcsa.dot.gov/

 

What you may have missed:

Speeding Tickets Jump Drastically during COVID-19

Logistics Layoffs; How the Industry is Shifting

Logistics – Legal Trouble after COVID-19

Trucking Safety in a Time of Pandemic

Exclusive Coronavirus Information for Truckers

 

 

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Speeding Tickets Jump Drastically during COVID-19

A Speeding ticket is more than just a Fine.

If you asked 100 truck drivers what their dream highway looked like, you would likely get the same answer across the board: Decreased commuter traffic.

Many truck drivers have gotten their wish as commuters have been encouraged to shelter in place and work from home during the coronavirus pandemic. Complying with social distancing rules may have cleared up traffic, but free and open highways give truck drivers little wiggle room.

How does speeding affect your CDL

A moving violation can have a severe impact on your driving record. The consequences vary in severity depending on how often and what kind of ticket you get.

Speed limits are not included in the FMSCA waivers issued in the emergency declarations. Drivers hauling emergency goods will still be assigned CSA points if they are caught speeding.

A truck driver’s safety record is measured by a federal regulatory point system called CSA (Compliance, Safety, Accountability). Infractions are based on a point system; The worse the violation, the more points are given to the driver. A driver that has been issued more violations will have a higher CSA score.

For example, a driver who is given a ticket for 6-10 mph over the speed limit will also receive 4 CSA points. If a driver is caught speeding 11-14 mph over, 7 CSA points will be assigned. And for drivers clocking in at 15+ mph or in a construction zone, 10 points will be tacked on to their CSA score.

Speeding tickets can even affect your license when you are off duty. Multiple citations in a personal vehicle can lead to suspension or revocation of a CDL.

Trucking companies who utilize safety monitoring systems have a duty to reprimand drivers even if no ticket was issued. Reckless driving, even without a citation, means you are putting your life, your career, and the safety of others at risk.

More speeding tickets

Reports in California show that even though traffic volume has decreased 35%, citations for excessive speed have skyrocketed at an alarming rate.

Empty highways created a false sense of security, not only for truck drivers, for four-wheelers too. It seems safer to drive at excessive speeds when there is less congestion.

 “Higher speeds can lead to much more serious injuries and significantly increase the chance of death should a crash occur.” – CHP Commissioner Warren Stanly

With everything a truck driver has to lose, why do they do it?

The Heat is On for Truck Drivers

For most truck drivers, getting paid by the mile means the more you move, the more you make. Drivers who cover more ground in a given week bring home extra money. A per-mile rate of pay is incentive enough for some drivers to put the pedal to the metal.

On top of that, truck drivers build their reputations on whether they can pick up and deliver on time. A driver can plan a trip down with plenty of time to spare, but one traffic jam or work zone can throw the whole thing off-kilter.

The pressure is especially intense during the pandemic. Truck drivers focus on delivering basic needs to consumers as quickly as possible.

For a truck driver, a speeding ticket is not just an inconvenience or a fine. It could mean losing their job or even their license. Multiple traffic violations make it more difficult for truckers to find work.

A clean driving record is a hiring requirement for reputable trucking companies. A driver with heavy boots will be at a disadvantage if they find themselves back in the job market. Keep these things in mind every time you hit the road:

  • – Always comply with traffic laws.
  • – Keep an eye open for speed changes.
  • – Be alert in work zones.
  • – Plan your trips with extra time.
  • – Slow down for curves.
  • – Anticipate downgrades.

As the economy regains equilibrium, so will the roadways. Civilians will begin commuting back and forth to work, to church, shopping, etc. Remember, the rules of the road do not disappear and reappear with the flow of traffic. Always keep your safety and the safety of others on the top of your mind.

 

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Logistics Layoffs; How the Industry is Shifting

Logistics Layoffs; How the Industry is Shifting

The Coronavirus pandemic has had a larger impact economically than medically in the United States so far. Since December of 2019, nearly 1.4 Million additional workers have filed for unemployment. The total number of unemployment claims rose to 7.1 million as of the close of March 2020.

Comparatively, as of late April 2020, there have been 820,000 confirmed cases of Coronavirus in the United States. This means that 60% more people have been laid off than have tested positive for the virus.

Why is this happening?

While social distancing has been successful in slowing the spread of Coronavirus, the country’s economic growth has also drastically slowed. U.S. citizens have been encouraged, and sometimes mandated, to stay in their homes and away from others. The necessary steps we have taken to contain the virus have had a severe impact that would have been difficult to predict.

To maintain balance, the response has been cutting expenses. Layoffs and furloughs work by the same principles of supply and demand. While management typically does not look forward to reducing its headcount, it is sometimes the only option to maintain the health of the business in the future.

Why does a company lay off employees?

Restaurants, retail stores, entertainment arenas, and more have been ordered to reduce operations or close completely. These companies work diligently to maintain a balance between their number of customers versus the number of employees.

The companies who perfect this practice gain a competitive advantage because they are properly servicing their customers with an efficient number of workers. Without customers, these businesses cannot afford to keep their employees on the payroll.

Due to the pandemic, customers are forced to stay home, and little revenue is coming into the companies. It is not essential to retain the current number of employees. To focus on long term goals, companies have had no choice but to make serious adjustments to their current procedures. A major way to reduce operating costs is to layoff, furlough, or terminate current employees.

Layoff vs. furlough

Reducing headcount is the short-term solution to a long-term plan for the business. It allows the company to prepare for recovery instead of upsetting the balance between customers and employees.

·        Layoff – a discharge of a worker or workers. 

Layoffs are sometimes necessary to preserve future performance. If you have been laid off recently, it does not necessarily mean you were bad at your job.

Companies resort to layoffs to permanently reduce their workforce. The frequency of layoffs increases when operating costs get too high, during economic recessions or, in this case, national emergencies.

 

·        Furlough – a layoff, especially a temporary one, from a place of employment

If you have been furloughed, it usually means you are temporarily off work until your company starts to bounce back. Furloughs are a short-term solution for the company so they can recover from losses. It works by eliminating payroll costs but keeping the employee “on the books.” Furloughed employees are usually asked to come back to work as soon as the balance is restored.

 

Professional Driver Job Market

Auto-haulers have seen a massive decline in available jobs because the balance has been upset. Most car manufacturers have reduced their headcount and consumers are not buying cards during the pandemic.

Self-isolation has caused several commuter drivers to drastically reduce the amount of road time they experience each week. Since thousands of people are working from home or have been laid off, the demand for diesel fuel and gasoline has drastically faltered.

Oilfield services are experiencing historically low oil prices, resulting in surplus inventories and decreased production. Thousands of people have been left without work. Many of these workers and contractors have CDLs and are looking to transition into other sectors.

Reduced fuel consumption makes fewer jobs available since there is a decreased need. This also drives the price lower. Gas haulers are taking a hard hit for the time being. As the economy normalizes, however, the need for fuel should return to normal.

A decreased number of commuters combined with social distancing regulations has forced many truck stops to lay off their employees. Truck drivers are feeling the brunt of this as well. They are no longer able to eat at the dine-in restaurants or use the driver’s lounge at truck stops. The effect is far more widespread than could have been predicted.

What now?

Trucking is its own beast. Once you are in it, you are in it for life. Whether you’re a professional driver, dispatcher, planner, etc. you will most likely stay within the industry. But that doesn’t mean there are no options after you’re laid off.

The success of a trucking company is very much dependent on their capacity and the amount of freight available to move. Certain sectors, such as food and pharmaceuticals, have seen success throughout the pandemic because the demand has increased.  Freight activity and rates are quickly dropping in all sectors.

But there is hope. The internet holds unlimited amounts of information about different sectors of the trucking industry. An auto-hauler may be out of work now but could research the basics of running reefer. If your mileage has been limited due to the pandemic, use this time to try out another specialty that is booming.

The future of trucking

DMVs have shut down, new CDL holders have not been able to enter the market. When the economy returns to normal, we will see a higher demand for truck drivers. However, after several months without issuing new licenses, it will be the responsibility of current CDL holders to take on the extra work.

Current CDL holders are not able to renew expired licenses. The emergency waiver issued by the FMCSA allows those with expired licenses some relief until the end of the declaration.

Trucking companies rely on technology to make their operations as efficient as possible. You will begin seeing more companies offering remote online orientation because it greatly increases the efficiency of traditional orientation.

And truck drivers love it! New recruits will no longer have to attend a 3-day, in-class orientation before being assigned a truck. They watch presentations, safety videos, and test out from the comfort of their own home.

This convenience allows drivers to spend more time with their families while completing orientation assignments on their smartphone or computer.

Look Forward to Recovery

The economic impact of the Coronavirus has been widespread to an extent no one predicted. Eventually we will start to recover, but the trucking industry will forever be changed. To begin the path to recovery, today’s industry leaders are preparing by:

  • – Streamlining communication
  • – Harnessing technology to provide training
  • – Preparing for all potential challenges
  • – Documenting everything

Companies and drivers that can adapt and overcome to the new way of business will achieve success, just as they have before.

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Work Zone Ahead – We’re in it Together

National Work Zone Awareness Week (NWZAW)

NWZAW is a nationwide effort between state DOTs, road safety organizations, government agencies and private companies like Infinit-I Workforce Solutions. Its purpose is to bring safety to the forefront of your mind, especially when you encounter work zones.

Why is it important?

Everyone has experienced driving down the highway on a beautiful spring morning, trying to make the best of your commute. The air is crisp, the sun is shining. You turn up the radio as you watch the trees dance in the wind. You were so distracted by the passing landscape that you didn’t notice flashing lights warning of construction ahead.

And BOOM! Stop and go traffic.

The heavier the vehicle, the longer it takes to stop. Hopefully you became aware of the situation before rear ending the stopped car in front of you. And hopefully you didn’t lock up your breaks trying to avoid a collision.

A scenario like this is the reason National Work Zone Awareness week has become so significant. Accidents can happen in an instant, without warning. And some have found themselves staring at a busted windshield and deployed airbag before they ever even knew what was happening.

It is easy to become complacent when you travel the same route often. Muscle memory takes over and our brains filter out details of little significance. You might even find yourself at your destination with no recollection of getting there.

Sometimes, however, a new work zone can pop up overnight.  Some might reroute traffic and close lanes, making the roads we often travel unfamiliar. The annual campaign takes place in early spring, when road construction activities are at their highest. The goal is to make all drivers aware of the need for elevated caution in areas of road work.

Who does it affect?

The answer is simple. It affects every single person on the roadway: Professional drivers, commuters, motorcyclists, pedestrians, construction workers.

Construction workers?  Absolutely. Road workers put themselves in harm’s way performing necessary road work. They are especially vulnerable to work zone crashes because they do not have the protection of a vehicle.

How are truckers impacted?

Always pay close attention to speed limit changes. A traffic violation in a construction zone will have a huge impact on your CSA score. It is one of the most severe infractions. Not only will your traffic fine be doubled (in most states), speeding will also earn you 10 CSA points.

The likelihood of a trucker being involved in a fatal crash is higher than most civilian drivers simply because of the amount of time they spend behind the wheel. In 2018, 34% of fatal work zone related crashes involved the death of a professional driver.

How often do you perform these common causes of work zone accidents?

  • – Improper following distance
  • – Distraction or inattention
  • – Failure to use “lean and look” method when merging
  • – Excessive speed
  • – Ignoring blind spots

Safe drivers always make it a habit to be aware of their surroundings, especially in work zones. Traffic patterns can change instantly. Cars and trucks speed up and slow down with the flow of others. Commuters tend to become impatient and can begin driving erratically.

“Confusion, frustration, merging/distracted four-wheelers, speed limit changes, narrow lanes, and hundreds of attorneys hoping you make a mistake. Work zones are dangerous, it’s that simple.”

-Mark Rhea, President Lisa Motor Lines

In 2017, there were 18,000 work zone crashes that involved a tractor trailer. These resulted in about 4,000 serious injuries. About 25% of those injuries involved a pedestrian or construction worker.

Always treat work zones as if there are workers present. Just because you don’t immediately see them, doesn’t mean they aren’t there. Keep these best practices in mind every time you take off:

  • – Slow down and use the right lane when possible.
  • – Use hazard lights so the traffic behind you knows there is a slowdown ahead.
  • – Be careful of bottlenecks, drivers tend to cut in line at the last second.
  • – Focus – Keep your eyes on the road but be aware of peripheral action.
  • – Do not become distracted by phones or ELDs. It can wait!
  • – Pre-plan so you are familiar with your route.
  • – Perform a thorough Pre-trip inspection, ensure your tractor trailer is safe to operate.
  • – Expect the unexpected – always.

For more best practices from the DOT, click here.

How can I participate?

  • – Start the conversation with truck drivers, construction workers, and dispatchers you know. National Work Zone Awareness Week intends to spread awareness across the nation. Learn more at NWZAW.org.
  • – Wear orange on Wednesday, April 22, 2020. It acts as a visible reminder and shows support for families who have lost loved ones in work zone crashes.
  • – Slow down. Delivering your freight intact is just as important as delivering on time. No load is worth your life or the lives of others.
  • – Refresh yourself on your safety training. In the event of an accident, always follow your company’s accident protocol.

Remember, we are all in this together. Sharing the road means sharing the responsibility of each other’s safety.

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Insurance – COVID-19 impacts Premiums and Renewals

The financial effect of the Coronavirus pandemic has been widespread among the citizens and businesses of the United States. As many people are being temporarily laid off, the economy has taken a swift downturn. Most people are only purchasing essentials.

Many businesses have been forced to close their doors because of the loss of revenue. Some may be closed for good.

Are you covered?

Let’s take a look at how the trucking industry will be affected by insurance costs after the national emergency.

Trucking companies may resort to cutting costs to recover from the economic slowdown we have experienced over the last several months. They must be careful, however, as some cost cutting measures could lead to diminished safety for their drivers. Decreasing staff could mean that drivers will have to run longer hours, leading to frequent driver fatigue.

It will also put more wear and tear on the trucks and trailers. There might even be delays in installing safety technologies like in-cab cameras or online training. These situations bring about increased claim activity.

How does that affect your company?

Insurance companies have to maintain a delicate balance between inflow of premiums and what claims they can afford to pay out. Just like in the trucking industry, if that balance is interrupted, the company has to adapt to stay afloat.

Insurance companies will experience changes in their loss ratio, which means will be paying out more than usual in relation to the premiums they receive. Those covered might see an increase in premiums and renewal costs as insurance companies try to recover from the additional losses.

If the loss ratio changes too drastically, underwriters may begin performing risk assessments on existing clients. They will be very selective about who they choose to take on as insureds. It may be difficult to find coverage for companies with a higher risk for accidents/incidents.

Underwriters are already cautious about making decisions when it comes to premiums, coverage, and renewals. The COVID-19 situation can have a serious effect on their current insurable metrics. Future determining factors are likely to include conditions to coverage based on in-cab cameras, safety culture, and availability of online training.

Responsible carriers will actively manage their risks. Investing in safety is the only way to win. Carriers who cut back on safety efforts to save money are setting themselves up for failure. Insurance providers may have to resort to raising their premiums or charging a higher down payment.

How should you respond?

Communicate your efforts with your current insurance partner. Let them know you have a plan on how to survive during the crisis. Include that you are focused on safety. Even though there are social distancing requirements right now, your safety training cannot be put on hold.

Find ways to adapt to the situation if safety remains a big concern. Technology allows safety training to be delivered directly to your drivers, wherever they are, through an online platform. Your current insurers will keep that in mind when performing your risk assessments.

While it is important for your insurer to be aware of the safety measures you are taking, it is just as important for your drivers. They will enjoy the convenience of taking online orientation, remote training, and monthly training classes from anywhere. And employers can retain their peace of mind knowing they are still focused on safety, even during trying times.

What factors affect a risk assessment?

Risk assessment factors usually fall into these two categories:

  • Tangible – things that are quantifiable such as loss run, miles, commodities, CSA scores, etc.
  • Intangible – things that are difficult to measure like company culture, awareness training, technology usage, security, etc.

What might a loss control professional ask about the intangibles?

Intangibles are difficult to measure. The amount you are charged will be up to your insurer’s discretion. Your best bet is to be prepared and make sure your drivers and employees are up to date on safety training. To give you an idea, here are some questions related to the COVID-19 pandemic they might ask:

  • Did you continue safety training through the pandemic?
  • How did social distancing requirements affect your orientations?
  • How did you lead safety efforts working remotely?
  • How did you help your drivers through this time?
  • How did you manage the waivers issued by the DOT and FMCSA?

Make sure you retain records of everything provided to every driver. The only way to prove that your company has a solid focus on safety is to have documented records. The documentation should be readily available in case you need to show that all drivers are adhering to your policies.

Are we at risk of losing our business due to insurance coverage issues?

Short answer: yes.

There are many examples of trucking companies hanging up their keys because of insurance costs. If premiums increase too drastically, it can become impossible to remain operational. Here are a couple of examples of that happening:

  • Carney Trucking – Insurance premiums doubled for this flatbed carrier. They had to close their doors after 27 years in business.
  • 101 Transport – This Wisconsin based carrier ceased operations after a 70% increase in premiums.

Is there anything I can do to protect my company?

Yes. That’s the good news! As always, be proactive in managing your risk. Your insurance broker needs to see your safety-focused efforts.

Remember that if it isn’t written down, it didn’t happen.

Always keep a record of what training was performed, when it was performed, and make sure your drivers sign everything. For years, “billboard attorneys” have been attacking the trucking industry, encouraging the general public to sue truckers.

And they are ruthless when it comes to safety.

During the pandemic, truckers have been running with relaxed regulations when carrying designated items. If an incident were to occur while a driver is over normal hours, a lawyer might view this as preventative. They could say the driver was negligent and possibly fatigued because he isn’t used to this much road time.

Document everything!

In case of litigation, your best defense is proving your company’s focus on safety. Always be proactive with your safety training and awareness programs. Make sure your drivers are familiar with all your policies (drug/alcohol testing, incident reporting, etc.).

Most importantly, you must be able to prove they have been provided with proper safety training and equipment. Eliminate all reasonable doubt. Carriers need to focus on documenting training and information exchange, especially for upcoming insurance renewals.

Let’s say it again: If it isn’t written down, it didn’t happen.

 

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Pre-planning During a National Pandemic

Safety First – Prepare for Inspection

Amid the COVID-19 pandemic, E-Commerce usage has increased as the desire for social interaction has decreased. Standard operating hours are becoming a rarity as businesses are operating with a decreased workforce. Pre-planning is no longer simply about your origin and destination. Because of the widespread panic caused by the Coronavirus, now you must be prepared for closures, availability of food, and whether you’re at risk for cross-contamination.

Shippers and Receivers

Warehouse operations may have to restrict their hours as not to overwork their healthy employees. Whether or not warehouses will change their operational hours from their normal operating hours will depend on many factors:

  • Location– Is the warehouse located in an area with a dense population of people affected by COVID-19?
  • Category of Industry – Does the warehouse contain emergency or non-emergency related inventory?
  • Global Operations – May be difficult to maintain inventory if the majority of stock comes from overseas

So, what should a professional driver do if their shipper or receiver is temporarily closed?  

  1. Contact your dispatcher or fleet manager. There could be internal communication circulating about the location you are questioning.
  2. Be prepared to wait. If your shipper or receiver is operating under reduced hours or with a reduced workforce, they are likely offering detention pay for the time you have to wait.
  3. Be patient. Even though professional drivers are the heartbeat of logistics, it can take time for the flow of communication to reach you.
  4. Keep your eyes on the prize. Perhaps the most frustrating thing about trucking is waiting to be advised on what to do. Be productive while you wait. Spend your down time catching up on paperwork or watching safety videos.

Don’t forget about these!

Breakdowns and Parking

When pre-planning your trip, always keep in mind which truck stops exist along your route. Some may have shops that are closed or operating with a short staff. While it is difficult to predict when a breakdown will occur, it is important to be mindful of your options.

Know how far you will go and where you will park before you start driving for the day. Many states have closed rest areas in an attempt to stop the state-to-state spread of the Coronavirus.  If you have a favorite truck stop in your destination city, call ahead to reserve parking. If you can’t find parking at a truck stop or rest area, operate your vehicle to the nearest safe haven instead of parking on the side of the road or other dangerous areas. Remember that even though we are facing new challenges, your safety is still of the utmost importance.

Don’t get stuck without food

Many safety managers suggest it is always a good idea for drivers to keep a case of water and extra snacks in their cab in case of detention. The recent pandemic and nationwide shutdowns prove just how lifesaving this practice can be. Fast food restaurants across the nation have had to reduce their operations to drive-thru only, and are now inaccessible to those in a tractor trailer.

The next time you are in a grocery or convenience store, look for food goods that will sustain you but also have a long shelf life such as protein bars and/or beef jerky. This will ensure that you have something to keep you going if there are no dining options available.

Cross-Contamination

Professional drivers are encouraged to limit exposure to contaminants during the COVID-19 outbreak. But for a truck driver, life on the road means encountering many publicly accessed locations in their daily routine. Drivers are at a high risk of cross contamination as a hazard of the job from the fuel pump, to the communal shower knob, to their money back that has changed many hands.

The cab of a tractor trailer is a breeding ground for the Coronavirus. Think of all the surfaces you touch throughout the day. How many times do you touch your seat belt, steering wheel, gear shifter, and knobs on a daily basis?

The Coronavirus can live on these surfaces for days without proper disinfection according to the CDC. Use disinfectants such as Clorox and Lysol products that kill bacteria to clean commonly touched surfaces.  There are many tips and tricks specifically for truck drivers in these videos.

Stay Safe

Your main focus over the next few weeks is simply to be prepared. Truck drivers should always pre-plan, stock up on food goods, and keep their truck and themselves clean. Your best chance at getting through the nationwide crisis unaffected is to keep these things on the top of your mind every day.

 

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