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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.

 

Trending Articles:

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Minimize Mistakes to Maximize your Most Valuable Resource – Your Drivers

Remembering Those Who are Gone and Dedicated to Keeping Others Safe

Logistics – Legal Trouble after COVID-19

Insurance – COVID-19 impacts Premiums and Renewals

 

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Remembering Those Who are Gone and Dedicated to Keeping Others Safe

Remembering Those Who Are Gone And Dedicated To Keeping Others Safe

In honor of Memorial Day, the team at Infinit-I Workforce Solutions would like to thank all members of our armed services. We stand with you.

We express our sincere gratitude to the ones who are no longer with us; the heroes who made the ultimate sacrifice so that we may be free.

Thank you for your service.

Also, a huge thank you to all the truck drivers over the road who spend countless hours away from their family and friends to support their fellow Americans. You are the backbone of the supply chain.

Memorial Day weekend poses a higher risk for truckers because of road construction, the influx of traffic, and increased fatality rate.

Road Construction

Not only are traffic fines increased in construction zones, so is the risk of fatal accidents. In fact, a whole week in April is dedicated to raising awareness because construction zones are so dangerous.

State DOTs, road safety organizations, government agencies, and private companies come together every year to present National Work Zone Awareness Week. Their goal is to save lives, reminding all drivers to use caution, especially when encountering work zones.

In 2018, 34% of fatal work zone related crashes involved the death of a professional driver. Often, preventable actions cause these crashes such as improper following distance, distracted driving, excessive speeds, etc.

The confusion and frustration that exists in construction zones is normal for truck drivers. They encounter work zones frequently due to the nature of their job.

Keep in mind, four-wheelers are responsible for most CMV accidents. The truck driver and/or the company can still be taken to court, however, even though it’s not their fault.

Influx of traffic

As the summer begins, Memorial Day kicks off road trips, family vacations, and parties. We’ve all been stuck at home, slowly going stir crazy. Shelter in place recommendations have been relaxed as we enter a long-awaited 3-day weekend.

While the rest of the country practiced social distancing, truck drivers got used to less traffic  Drivers have been able to drive faster and deliver loads in a shorter amount of time.

Truckers need to be mindful that this weekend will bring people out of their homes. They will see a large increase in the amount of commuter traffic all over the country.

Increased Fatality Rate

Even though traffic has decreased over the past few months, motor vehicle fatality rates have gone up. The National Safety Council says the United States has seen a 14% increase in the number of fatal accidents since the quarantines started.

All drivers are taking advantage of the less congested roadways. Average speeds have increased, and as a result, this careless driving has caused more accidents.

Some states have seen massive increases in the number of driving fatalities. Arkansas’s number has increased by 16% compared to last year. Louisiana has experienced a 23% increase and Connecticut’s number skyrocketed by 42%.

“Disturbingly, we have open lanes of traffic and an apparent open season on reckless driving,”

Lorraine M. Martin, President and CEO of NSC encourages everyone to drive with caution, especially during the pandemic and crisis. She says driving safely is our civic duty.

“If we won’t do it for ourselves, we should do it for our first responders, our law enforcement and our healthcare workers, who are rightly focused on coronavirus patients and should not be overwhelmed by preventable car crashes.”

– Lorraine M. Martin, NSC president and CEO.

Experts’ Advice

The expert advisory board of Infinit-I Workforce Solutions has advice for trucking companies who are concerned about the health of their company. They have recommended the following best practices to ensure the safety of highways, truck drivers, and the general public:

Create a ‘first-in-class’ safety culture.

The goal of every safety department is to reduce accidents, reduce CSA, and ensure safety is always ‘top-of-mind’ for all employees. The best way to achieve this goal is consistent communication and frequent training.

 

Offer your truck drivers continual safety training.

One of the main challenges in the trucking industry is routing drivers to the terminal to attend safety meetings. Infinit-I Workforce Solutions has virtually solved that problem for good.

The learning management system allows companies to deliver personalized safety training to any employee, anytime, anywhere.

 

Test their retention.

You may be thinking, “How do I know if my employees will pay attention to these safety videos?”

Great question!

On the LMS, you have the option to make them take a test on the content. Users cannot skip the video or halfway pay attention because they will have to start over if they fail the test.

 

Document everything.

If you’re working in the logistics industry, you’ve heard it a million times: “If it isn’t documented, it didn’t happen.”

In most legal cases involving CMV accidents, the first thing a litigation attorney asks for is the safety training records of the driver involved.

Infinit-I Workforce Solutions offers automatic, electronic reporting and tracking. You never have to worry about sign-in sheets or completion record signatures ever again.

 

At Infinit-I Workforce Solutions, we are so grateful to all those who work hard to keep the American dream alive and well.

Please take extra caution this weekend so your family’s next Memorial Day won’t be in honor of you.

 

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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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Logistics – Legal Trouble after COVID-19

The dawn of the Coronavirus pandemic brought about a shift in behaviors like the country has never seen. The variance from normal created nationwide shutdowns, self-isolating citizens, and a dramatic spike in unemployment rates.

As fear of the unknown spreads across the country, one thing remains the same;

Trucking companies must keep rolling.

Truck drivers hold the responsibility of supplying the world with all its luxuries and, more importantly, basic needs. Most everything we use daily was made available to the consumer because of a truck driver. But now, grocery stores are struggling to keep products on the shelf. Consumers are buying more groceries and household items to comply with quarantine mandates.

Truck drivers are overwhelmed with the task of keeping the supply lines moving despite the ongoing pandemic. In normal operating circumstances, they haul consumer goods from the shipper to the receiver as efficiently as possible.

The COVID-19 National Emergency has created setbacks the country could have never anticipated. The panic buying trend cause truck drivers to work overtime. They have had to figure out how to cover more miles and deliver more product than they could before the pandemic.

The Department of Transportation anticipated the struggle and stepped in to offer relief from a few strict regulations. Drivers are now allowed to operate longer hours, drive with expired licenses, and operate without a valid physical.

Impact of Social Distancing

In addition to the relaxed regulations, drivers have also been enjoying the perks of empty highways and low traffic density. Work Zone activity increased because construction crews can work more efficiently without traffic congestion.

A decrease in the number of accidents/incidents can cause truck drivers to feel a false sense of security. As the public begins to reenter the community from quarantine, traffic volume will begin increasing at a significant pace.

“Don’t let your success of today lay you into complacency for tomorrow. For that is the worst form of failure.” -Og Mandino

More frequent work zone activity, increased traffic, and complacent truck drivers are a recipe for disaster. Even though the regulations are relaxed, trucking companies can still be sued for accidents and incidents. You may have a driver who is legally allowed to operate over hours, but when an incident occurs, your company and your driver will still be held liable.

Defensive strategy

The best thing any trucking company can do for their drivers is to continue their training from rookie to retiree. Most importantly, enrich your safety culture by creating awareness within your workforce. Trucking companies experience a unique challenge in continual education, however, because their fleets are rarely available to gather for safety meetings.

The University of Michigan Transportation Research Institute conducted a study on whether truck drivers at fault in accidents than passenger cars. Their research concluded that out of 8,309 accidents, the passenger vehicle was at fault 71% of the time.

The study showed that, professional drivers were only at fault in 16% of fatal car/truck crashes. It is evident that trucking companies are defensible in court, even in fatal crashes, because the fault usually lies with the passenger vehicle.

Today’s technology allows you to tackle this problem by delivering training courses online. Drivers can still participate no matter where they are located. In the unfortunate event you end up in court, a plaintiff might ask you about your digital training class. Their stance will be that there is no way to prove participation since the training courses were not administered by an actual person.

Protect your company and your drivers by providing training and assessments that secure their acknowledgement. Test them on their retention whenever possible and always get their signature.

If it isn’t in writing, it didn’t happen.

 

Be proactive

Take an assessment of your company and look at areas that need to be strengthened. If you find yourself in court, an attorney will do the same. They will attempt to destroy your company’s credibility by exposing potentials for weakness.

Relaxed DOT regulations mixed with an under-trained workforce could mean the end of your company. A quick internet search returned several articles touting exactly how to sue a trucking company. The information is readily available, trucking companies are an easy target, and the “billboard attorneys” are hungry.

Mark Rhea, a trucking industry expert, describes his experience being involved in defensive litigation for a previous employer.

“Our truck was entering a construction zone. He was following the proper procedures per his training. He checked his mirrors as he was merging to make sure he could safely get in the lane. He looked back to the front and all the cars in front had halted to a stop. We rear ended someone.

In court, the deposition plaintiff’s attorney was loaded with facts and figures. He asked if I knew how many fatalities are caused by trucks ever year. If I knew how many injuries occurred because of big trucks.

Of course, I knew the numbers were up there, but I didn’t know the exact percentages like he had researched. He was trying to diminish my credibility.

Then he began asking about our training program. He was trying to prove we didn’t properly train our drivers. It was very uncomfortable for everyone involved. Fortunately, I was able to provide documentation that our driver had received specific training courses. The wreck was not for oversight or lack of preparation; it was simply an accident.” – Mark Rhea (April 17, 2020)

Trucking Companies – To Do List

As the economy reopens, traffic will resume. Accidents will become more frequent as more drivers are utilizing the roadways. Litigation will resume, if not explode. Do not get a false sense of security while the traffic is low. Prepare your company for legal defense in the following ways:

  • – Encourage open communication
  • – Educate drivers on exemption qualifications
  • – Continue to provide proper training
  • – Document everything
  • – DO NOT SACRIFICE SAFETY

Document everything a driver is provided from the very first day of orientation. Your defense attorney will want to see proof of the driver’s qualifications, CSA scores, training record, etc. Having these documents readily available in court will make you more defensible and solidify your credibility.

The logistics industry is susceptible to court action because of the danger involved in operating tractor trailers. Accidents and incidents are inevitable; relaxed regulations make them more likely. Remember, your company is not released from liability just because a driver qualifies for an emergency declaration waiver.

Even though we are adapting to a national emergency, attorneys will not cut any slack. You can, however, take the necessary steps to make your company more defensible in court.

 

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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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Nuclear Verdicts: Three Steps for How Your Firm Can Avoid Them

A truck driver's dash while driving including a gps unit | nuclear verdicts

Nuclear verdicts quadrupled last year, leaving hundreds of carriers out of business and thousands of drivers out of jobs.

And while there is a great appetite out there for the “deep pockets” of the trucking industry, with a few tweaks to your training and documentation system, you can insulate yourself from them.

How can I protect my company from nuclear verdicts?

Nuclear verdicts can put a trucking carrier out of business, and any gap in training or documentation is an opportunity for a plaintiff’s attorney to make the case against your company. Protect your company by establishing a culture of safety and documentation.

A Look Inside an Attorneys’ Nuclear Verdict Playbook

Plaintiffs’ attorneys have a sophisticated bag of tricks, in which they comb through data to discover vulnerabilities in carriers’ processes and procedures. They use these data analytics to make decisions on whether to go to court or settle or when to drop a case altogether.

Attorneys look at a variety of data, including CSA scores, logs, and reporting inefficiencies, then drill down on those issues to prove their cases and win millions of dollars for their plaintiff. Attorneys have data analysts ready to get the next nuclear verdict, so trucking companies need to be armed and ready, protecting their vulnerabilities and ensuring that all processes and procedures are above par.

The “Dirty Five”

Attorneys have a well-known attack strategy for nuclear verdicts, using the “Dirty Five” against drivers. These are five categories that are known winners for nuclear verdicts:

  • • Driver Fatigue
  • • Distracted Driving
  • • Driving Under the Influence
  • • Poor equipment maintenance
  • • Inexperienced or poorly-trained driver

Your Nuclear Verdict Playbook

If attorneys have a playbook for getting nuclear verdicts, you should have one for avoiding them. Gone are the days when a robust safety program was a “nice to have.” Welcome to the days of “establish your program, or you’re out of business.” 

Infinit-I Workforce Solutions has published a new whitepaper, which details our strategy on a data-driven approach to avoiding nuclear verdicts. Read the whitepaper and learn about how a culture of safety and accurate, detailed documentation can save your company from nuclear verdicts, extravagant insurance premiums, and bankruptcy.

Infinit-I Workforce Solutions’ Checklist to Avoid Nuclear Verdicts

If you’re not quite ready to commit, we are offering a checklist to get you started on nuclear verdict prevention. Follow the steps below to protect your company and your drivers.

  1.   Avoid accidents in the first place by creating a culture of safety that utilizes short, frequent, consistent online safety awareness training partnered with real-time documentation.
  2.   When accidents do happen, mitigate liability and the likelihood that the case goes to trial by making sure that 1) the driver is prepared to begin your company’s defense at the site of the accident, and 2) your office is prepared to quickly produce consistent documentation and a safety portfolio that discourages litigation
  3.   If the accident goes to trial, make sure that driver training, company policies, licensing, and medical records are thoroughly documented, reducing the threat of nuclear verdicts

Key Takeaways:

  • • Nuclear verdicts are on the rise, and trucking companies must be hyper-vigilant to reduce risk exposure.
  • • Create a culture of safety using Infinit-I Workforce Solutions’ training toolkit and documentation system.
  • • Plaintiffs’ attorneys have a data-driven approach to snagging nuclear verdicts. You need a data-driven playbook on how to avoid them.
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The effects of nuclear verdicts on the trucking industry

A close-up of police lights at night | Nuclear verdicts

In 2019, trucking bankruptcies quadrupled due to nuclear verdicts. The strategy seen in courtrooms time and time again involved plaintiff’s attorneys pleading to the juries’ “better angels” to award families millions of dollars as a result of a crash with a truck. This is with or without the trucker’s fault and seems to have no relationship to the actual incident or its severity.

What is a nuclear verdict?

A nuclear verdict is defined as a judgment in excess of $10 million as a result of a truck-related crash. Nuclear verdicts also indicate a disproportionate relationship between the settlement and the actual economic or physical damages incurred by the plaintiff.

Nuclear Verdicts in 2019

In the first half of the year, 640 carriers went out of business because of nuclear verdicts, according to the Wall Street Journal. The problem has been noticed by major publications, including Business Insider and Bloomberg, calling 2019 a Recession for the trucking industry.

And while the American Trucking Association is working on proposed legislation to combat nuclear verdicts, that will be years in the making. 

The Ripple Effect of Nuclear Verdicts

Nuclear verdicts don’t just affect certain trucking companies; they affect us all. From job loss to insurance premium prices, the downstream effect of nuclear verdicts is affecting the entire trucking industry.

In 2019 alone, tens of thousands of drivers lost their jobs due to carrier bankruptcies as a result of nuclear verdicts. With that level of job loss, it’s no wonder 2019 was deemed a trucking recession. Imagine if tens of thousands of people were put out of work in any other industry as a result of rampant lawsuits with no reform in sight: 10,000 investment bankers, 10,000 plumbers, 10,000 doctors…you get the idea. There would be protests, legislation drafted, and major structural changes implemented. But the cultural narrative regarding “big trucks” in this country, even though they are a driver of America’s economy, is that truck drivers and truck companies are dangerous on the road.

This is why trucking companies must be hyper-vigilant. 

Preventable Risk

Hyper-vigilance in this day and age means assessing and managing preventable risks. When nuclear verdicts are on the rise, so are insurance premiums. Now it is more important than ever to protect your company and your drivers through regular maintenance and safety training.

According to the FMCSA, last year, driver error accounted for 87 percent of crash risk, while 10 percent was caused by preventable maintenance. With the added scrutiny on trucking companies and the prevalence of nuclear verdicts, it is more important than ever to address those preventable risks to avoid losing your business altogether.

How Can Nuclear Verdicts Affect My Company?

Currently, insurance premiums are rising year over year by 50 – 100 percent, even for smaller carriers. Carriers of all sizes are being affected by nuclear verdicts, with insurance companies mitigating losses on the front end. Some insurance carriers even are getting out of the business altogether.

When profit margins hover around 5 percent, the doubling of insurance premiums can be injurious to trucking companies, even forcing some companies into bankruptcy.

To read more about the downstream effects and help on calculations for future cost models, check out our whitepaper.

What Can I Do to Avoid a Nuclear Verdict?

  • • Driver training is the single best thing you can do to protect your company from a nuclear verdict. Contact one of our experts today about customizable training for your drivers.
  • • Establish processes and procedures for truck maintenance across your enterprise, even for contractors. 
  • • Documentation, documentation, documentation. If you don’t document it, it didn’t happen. Make sure all your training and maintenance records are stored and updated properly.
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What Triggers a DOT Compliance Audit?

What Triggers a DOT Compliance Audit?

What Triggers a DOT Compliance Audit?

When it comes to a DOT compliance audit, it’s not a matter of “if”, it’s a matter of “when”. An audit is triggered after an accident or poor review during a roadside stop. These audits can also be triggered by bad CSA scores for a company.

On top of these issues that can trigger an audit, the DOT does do random audits at times, so you will find yourself going through a compliance audit if you work in the trucking industry. When the auditor comes, you need to be ready with proper documentation.

Remember, if it’s not documented, dated, and readily available, it didn’t happen.

How does the DOT oversee trucking firms?

The Department of Transportation (DOT) is a federal regulatory agency that oversees all transportation in the United States. The Federal Motor Carrier Safety Administration (FMCSA) is a division of the DOT tasked with regulating the commercial vehicle industry.

The FMCSA develops and enforces regulations meant to keep the roadways and truck drivers safe. All trucking companies and drivers must follow all FMCSA regulations or face penalties such as fees or having their trucks taken off the road.

What Do You Need During a DOT Audit?

When an auditor comes, it’s important to have all the necessary documentation ready, including driver logs, medical records, and safety training records. This documentation could mean the difference between a simple audit and getting your trucks parked.

One of the most important things an auditor looks for is your company’s safety record. They want to see how you’re implementing driver safety training programs, and more importantly how well they are working.

They will also look at your company policies. They want to make sure all company personnel have read and are following these policies. It’s important to make sure all your documentation can prove consistent efforts towards maintaining a culture of safety.

complaince audit protection
The Consequences of a Bad Audit

If your DOT compliance audit doesn’t show sufficient training and safety documentation, you could end up with a Conditional status, meaning the auditor provides an action plan and a deadline for you to implement it.

Conditional status can put a target on your company. Your trucks will get stopped more often and will be subjected to more frequent roadside inspections. You’ll also find it difficult to find clients and drivers willing to work with your company if you have a conditional status.

Without the right tools in place, you could end up costing your company time and money.

Protecting Your Company During an Audit

The best way to make sure you have all your documentation ready for an audit is to implement an online DOT safety training program like Infinti-I Workforce Solutions. The Infinit-I system is easy for drivers to use and makes maintaining and accessing records easy for you.

The cloud-based solution allows drivers to complete ongoing short, interactive courses, and maintains all records of participation and testing scores with date and timestamps. This means when DOT comes calling for an audit, you have all the documentation you need to keep your trucks on the road and in good standing.

Infint-I can help you solve your biggest safety training issues, all while saving your company money. For more information about how, download our risk management whitepaper.

Prepare Against Your Next DOT Audit

Your company could be subject to a DOT compliance audit at any time, but especially after incidents on the road. A culture of safety goes a long way towards passing these audits, and that’s where Infinit-I Workforce Solutions is on your side.

Before you take your chances with your next audit, check out how Infinit-I can help you create a program to meet your safety and compliance needs. To see it for yourself, request a demo today.

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Three Ideas for Improving CSA Scores

three semi trucks driving toward the camera | poor CSA scores

Compliance, Safety, and Accountability (CSA) shouldn’t just be a priority for your business, but a core value as well. So we’ve compiled our top three ideas for maintaining and improving CSA scores, to help your business develop a culture of safety and keep your drivers on the road.

Keeping your drivers on the road is a top priority, and it’s the only way your transportation company stays in the black. But with 5 million other drivers on the road every day, it’s crucial that drivers maintain a proven track record of safety. That’s why the DOT keeps and maintains CSA records—to ensure that all drivers are safe on American roadways. 

How are CSA scores calculated?

CSA scores measure safety violations, inspections, violations, and crashes for every driver and transportation company.

The Federal Motor Carrier Safety Administration (FMCSA), a division of DOT, records behavioral data to calculate CSA scores.

Drivers and carriers alike are held responsible for keeping CSA scores low. Noncompliance can result in warning letters and even investigations from the DOT. 

Tips for Improving CSA Scores:

  1. Keep trucks properly maintained. If a company’s documentation reflects consistent maintenance problems on its trucks, that company’s CSA scores will reflect it. Make sure 100% of your fleet gets regular maintenance, tire changes, and always keeps fire extinguishers on board. Those are just a few maintenance must-haves to keep CSA scores low.
  2. Hire and keep the best drivers. CSA scores are publicly available and should be part of your screening process for new hires. And once you hire great drivers, it’s always a challenge to keep them on board. Our online tools can keep them engaged and appreciated while they’re on the road. 
  3. Invest in training. High quality, easily accessible training is the key to promoting your company’s culture of safety, which goes a long way toward improving CSA scores. Download our whitepaper for tips on training your entire fleet to maintain safety while on the road. 

Compliance Doesn’t Have to be a Four-Letter Word.

With our easy-to-use online training tools, drivers can stay up to date on the latest compliance issues, make sure they have the tools to succeed and keep your business profitable and in good standing with the DOT. We make it easy for drivers and companies alike to stay in compliance and mitigate safety-related costs such as litigation and rising insurance premiums.

Key Takeaways for Improving CSA Scores:

  • Keep trucks properly maintained
  • Hire and retain the best drivers 
  • Train and equip your drivers with CSA best practices using our online training tool

Use our handy guide for improving and maintaining your CSA score

View our clients CSA score improvements

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