Tag Archive for: legal trucking liability

Premier Safety Culture Advice – Read NOW

Premier Safety Culture Advice

The turning point in trucking lawsuits often lies within the deposition and discovery phase. You and your attorney will set the tone during discovery that carries through the rest of the case. This article contains premier safety culture advice from top leaders in the trucking industry.

One of the biggest factors that can determine the outcome of the lawsuit is the existing culture of safety in your company.

What is Culture?

Let’s break it down.

Culture is a collection of beliefs or systems held common between a group of people. Widespread groups could be as big as a country or even worldwide.

Language is an example of culture. English is the cultural language in the United States. While there are many different languages spoken in the states, it is the most commonly used between this particular group of people.

Culture can also refer to much smaller groups, even within your own immediate family. Think about your traditions, your habits, or even inside jokes between the people closest to you.

For example, during Thanksgiving dinner (which is also a cultural example), let’s say a particular family will only accept cranberry sauce in the shape of a can. If homemade cranberry sauce simply will not do, the family has created a traditional culture featuring cylindrical fruit spread with lines imprinted in the side.

Silly, yes. But a clear example of how culture shifts between groups, as some families may find homemade cranberry sauce the only option. Once a culture is set and accepted by a group, it can be longstanding, even with no real foundation.

What is Safety Culture?

If you are reading this, you are likely already aware of what “safety” means in the trucking industry. For those of you who work in the safety department, this concept is woven into the fabric of your career.

But for those who think safety only refers to the safe operation of motor vehicles, you may be fascinated by this conversation. While truck drivers are expected to always drive safely, safety as a culture refers to so much more.

In trucking, safety personnel are responsible for:

Fleet-wide safe driving, clear communication, ongoing training, technology, data analysis, performance, reviews, coaching, corrective action, accountability, maintenance, federal regulations, time management, documentation, accident response, hiring and retention, orientation, and proper background check before the driver is even hired.

This is a snapshot of the job description of a safety professional. Good safety directors have policies and procedures in place to keep control of all aspects of safety. Great safety directors make sure their employees stick to their safety protocols daily.

Unbeatable safety directors make sure their company cares. That is safety culture. If a safety director can make every person in the company passionate about safety, a culture of safety will form. This culture of safety impacts everything from the company’s reputation to insurance renewal rates, even legal liability.

Why is Safety Culture Important?

A culture of safety starts when you hire the right team, hire the right risk manager, and you hire the right lawyer. Building the right team starts with you. Look for people that will be part of the safety culture you create.

Strong safety culture has even been the determining factor in some nuclear verdict lawsuits. Trucks are a big-ticket target for personal injury attorneys.

Why? Here are two scenarios. Both will take place on the same highway. Both accidents occurred under the same driving conditions, under clear skies, sunshine, and no visibility obstructions. The only difference is the day of the occurrence and the victims.

Scenario 1: A drunk driver in a beat-up, rusted, uninsured Chevy 2-door sideswipes the rear panel of a minivan on the highway. The minivan spins across two lanes of traffic and skids off the highway into a row of trees in the median.

All passengers were injured and taken to the hospital. One suffered only scratches and a stiff neck, but x rays of the other passengers revealed multiple broken bones.

Scenario 2: An 18-wheeler is traveling down that same highway, entering his 12th hour of driving that day. The driver of a giant SUV becomes distracted by an incoming text message.

The driver does not realize the trucker ahead indicated intent to change lanes a hundred yards back.

The truck driver uses the clear chance to slowly move into the other lane and never connects with the SUV.

The SUV driver, finally looking up from their phone, panics at the unfolding scenario, overcorrects the steering, and drives into the median into a row of trees.

The airbag deploys and the SUV driver is left with severe back and neck injuries that require surgery.

Which Case Would Win?

In scenario #1, the drunk driver was clearly at fault. The family may choose to sue the driver for putting them through so much pain and suffering. They may have difficulty finding a lawyer to take the case because:

  • 1. The drunk driver has likely received an intoxicated citation, meaning justice was served.
  • 2. The drunk driver was uninsured and driving an old, low-value vehicle. There is no insurance to cover the cost of a settlement.
  • 3. Even if they win the case, they will likely never recoup the verdict award.

Attorneys will pounce on the chance to try scenario 2, however, since trucking companies are required to hold at least $750,000 in coverage.

Technically, the truck driver was not at fault but was operating outside of federal regulations by driving over 11 hours that day. Even if the driver was alert and operating safely, that one detail can mean a nuclear verdict is coming.

Safety Culture Risks

Experience

Trucking has its fair share of newcomers; young drivers who did not grow up around trucking. It may be more of a job to them than a career. For a safety director, simply knowing that your company hires less experienced drivers can be a liability.

On the one hand, you can mold those drivers into proper truckers. Their lack of preconceived ideas gives you the opportunity to hire and train them based on your expectation.

The risk, however, lies in their lack of experience and perhaps their desperation to find a decent-paying job rather than their dedication to trucking.

When you bring them on, you must look for people who take pride in their work that you can build a long-term relationship. The longer they are with you, you build confidence in their performance.

Training

A majority of trucking companies are turning to technology to make their drivers better, reduce CSA scores, and prevent accidents. Since so many companies now employ regular training, the lack of a training system can be a liability.

Learning management systems are the ideal software solution for trucking companies. Mobile accessibility is a game-changer since truckers can participate from anywhere. Now, truckers can receive training individually from their phone rather than being routed into the terminal for safety training.

Training your drivers on a regular basis proves that you are focused on safety and being proactive. The jury will see that you are taking steps to prevent accidents, rather than only responding to them.

Policies

If you have a strict termination policy in place, make sure you follow it, especially if your policy includes the words “always” or never. If you get sued for an accident that included rare circumstances, these words can wrap you up in court.

For example, your best driver could be involved in an accident while talking to their dispatcher on a hands-free device. Even if this is the first offense for a 20-year veteran, you may have to consider termination. Especially if your policy states: “Drivers will never use mobile devices while operating a vehicle.”

If you get sued for the accident, plaintiff attorneys will research your policies during discovery. If you failed to terminate that driver, ignoring your own policy, you will be in a bad spot.

They will blast you on the witness stand in front of a jury. A great attorney can paint you as an evil monster and get the jury to turn against you. This is the Reptile Theory tactic. Read more about Reptile Theory in our eBook: Avoiding Nuclear Verdicts.

Avoiding Nuclear Verdicts eBook

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Who You Need on Your Team.

Internally, you need a dedicated risk-safety individual who will stand up for you but has the temperament to handle drivers, the motoring public, lawyers, etc.

Find someone who is familiar with all the regulations, is safety-conscience, takes pride in your company. This person will represent everything your company stands for.

You will need to find the right insurance adjuster and broker, preferably a trucking expert. Your risk assessor will work with them directly to report accidents as soon as they occur. Your insurance company should advise you on accident best practices, what to document, and even how to act at the scene.

You will also need an attorney with extensive knowledge of the trucking industry. Billboard lawyers will not settle for a new bumper for their client. They want your whole company. Your attorney should be likable, personable, and partners with your risk assessor. If your attorney does not appeal to the jury, it can hurt your case.

Infinit-I Workforce Solution protects your company from nuclear verdicts.

Read More!

55 Things We Learned from an Expert Insurance Underwriter

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Top 5 Surprising Ways Lawyers Attack Trucking Companies

Every trucking company knows the risk involved with hauling an 80,000 lb. machine down the highway. Don’t feel hindered, however, by the mountain of liabilities. Simply be prepared. Below are the weaknesses that prosecuting attorneys will try to take advantage of in the event of an accident.

Driver Fatigue

Every decent truck driver knows to pull it over when they are feeling tired. They know the risks of driving while fatigued. But how often do they actually pull over when they should?

Truckers juggle many pressures while on the road: Traffic congestion, highway construction, dispatcher’s expectations, etc.

Take a look at these messages between a truck driver (grey) and their dispatcher (blue):

A good dispatcher would see the warning signs. The driver didn’t sleep well last night. This dispatcher should have asked about the driver’s ability to safely perform that day. Instead, the dispatcher was concerned with their own performance. Perhaps, feeling the pressure from their own manager. The conversation continues below.

 

The driver has now admitted to being fatigued, asked to pull over, and coerced into rolling anyway. The driver could nod off again, injuring or even killing themself or other innocent bystanders.

This conversation is now recorded and creates the kind of paper trail that prosecuting attorneys love. They would use this conversation to prove to a jury that your company chose to further the load over the safety of the public.

A delicate balance must exist between management, dispatchers, and truck drivers. Each must be aware of and truly understand mounting pressure and weighing the risks. While is it is a fine goal to want every load delivered on time, it should not be achieved at the expense of safe driving.

 

Distracted Driving

Distracted driving can take many forms. According to the CDC, distractions are categorized as visual, manual, and cognitive.

Driving an 18-wheeler takes intense focus and coordination. Any of the things listed above could bring about a life or death situation for your driver or the people around them.

Train your fleet not only the signs of distracted driving, but they should also be aware of the potential outcome severity. Visual demonstrations can be assigned fleetwide to prove the importance of maintaining proper attention to the road.

Let’s say your driver is eating a big, greasy cheeseburger while driving down the highway. After driving over a small pothole, the driver drops a pickle on the tractor seat. The driver leans over to place the burger onto the passenger seat and begins the pickle search.

At the same time, traffic up ahead has abruptly slowed, causing some cars to swerve or pull on the shoulder. When your driver finally finds the pickle and returns their eyes to the road, it is too late. The driver locks up the breaks, jackknifes the trailer, and bumps into 4 cars that were leading the way.

In a scenario where your driver has an accident due to distracted driving, an attorney will look for any reason that it was the company’s fault. In the event of a lawsuit, the prosecuting attorney will consider:

  • – What policies do you have in place?
  • – Cell phone usage while driving
  • – Eating meals/snacks behind the wheel
  • – Volume restrictions on the radio
  • – Have the drivers been properly trained on these policies?
  • – When was the last time a driver was trained/re-trained on this topic?

 

Driving Under The Influence

Driving under the influence of drugs or alcohol is a crime whether a truck driver or civilian, 18-wheeler or 4-wheeler. Truck drivers, however, hold much more responsibility. The more you communicate with your employees about your drug and alcohol policy, the more likely you are to be protected in court.

Pre/Post-Trip Inspections

A proper pre-trip inspection is the ultimate proactive measure a driver can take. If your drivers aren’t properly trained, it might be difficult to spot a faulty brake line, damaged mud flap, or a loose lug nut.

A proper post-trip involves over 50 points of inspection. Expert drivers might be able to recite all the inspection points from memory, but that skill should not be expected. Provide all your drivers with DVIR checklists. Since these are required to be on file for 90 days, you should require your drivers to fill one out every day, for every load, even if it passes inspection.

Inexperience or Improperly Trained

Perhaps the most important base to have covered. Do you drivers know how to avoid accidents? Do you drivers know what to do in the event of an accident?

You probably have policies in place that explicitly instruct drivers what to do if they get into an accident. Our recommendation is to send this policy out to your fleet at least once a quarter. Test them on the material. Require their signature. Your attorney will easily establish your credibility if you have these documents available.

 

Review the Webinar

Infinit-I Workforce Solutions presented an exclusive webinar in late July featuring Attorney Peyton Inge. Peyton specializes in defending trucking companies after an accident occurs. You can review the webinar here, as well as the rest of the FastForward series.

Click here for your free demo. Infinit-I Workforce Solutions will protect you in a courtroom. Give us 30 minutes to show you how.

 

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Gearing Up for Safe Driver Week

 

The Commercial Vehicle Safety Alliance (CVSA) is an international effort between industry participants, focused on improving roadway safety. They maintain efforts to educate all drivers in several categories, including International Roadchecks, Brake Safety, Hazardous Materials, etc.

The Operation Safe Driver Program was created by the CVSA to bring awareness to the significance of proper driver behaviors.

Safe Driver Week takes place July 12-18 this year with speeding as the main target. Officers will especially be looking for drivers who are operating at excess speeds. Last year, over 17,500 speeding tickets were issued to commercial and passenger vehicles during the weeklong blitz.

Last year during the same week, CMV drivers received more speeding tickets than the following, combined:

  • – Failure to Wear a Seatbelt
  • – Using a Handheld Phone/Texting
  • – Improper Lane Change
  • – Possession/Influence of drugs or alcohol

Why is it important?

Most accidents involving a CMV are caused by driver behavior, but most often, it wasn’t the trucker’s fault. With crowded highways, speeding four-wheelers, and governed big rigs, traffic accidents are inevitable. Proper training and awareness can significantly reduce the likelihood of an accident involving you or your drivers.

Speed-related issues cause 9,378 crash fatalities in 2018.

9,378 people are dead because someone was driving too fast. Excessive speed is always avoidable and always unacceptable.

No load is worth your life or the lives of others around you.

What are we doing?

Infiniti Workforce Solutions is sponsoring an exclusive webinar for all safety personnel. We will be discussing CVSA’s Safe Driver Week focused on speeding. Three industry experts will be giving best practice advice to help you prepare your fleet.

Here’s the lineup of guests:

-Mark Rhea, Industry Consultant, Infinit-I Workforce Solutions

-Chris Turner, Director of Crash and Data Programs, Commercial Vehicle Safety Alliance

-Major Chris Nordloh, Commercial Vehicle Enforcement Coordinator, Texas Department of Public Safety

If you want to be proactive during the weeklong blitz, do not miss this webinar. Registration is free. Sign up here.

Infinit-I Workforce Solutions is offering a 30-Day Complimentary Trial to new users.

Absolutely free, no-obligation. Because 30 days is more than enough to prove our value.

And if not, you’ve had access to transportation’s #1 learning management system for free. No cost, whatsoever!

Here’s what you’ll gain:

Automatic Documentation – A rock-solid LMS that captures training and tests your employees on what they learned

Content Library – More content than any other transportation LMS. 850 training videos.

Unmatched Service – Dedicated Client Success Rep who works for you.

Enhance your safety culture today, click here to learn how.

 

Additional Resources:

7 New Social Responsibilities of Truckers; COVID-19 + July 4th

Out-perform, Out-shine, and Out-grow your Current Safety Culture

Why A Positive Dispatcher & Driver Relationship is Key

Why You Should Be Focused on Your Employee’s Cultural Relationships Now More Than Ever

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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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Logistics – Legal Trouble after COVID-19

Insurance – COVID-19 impacts Premiums and Renewals

 

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Minimize Mistakes to Maximize your Most Valuable Resource – Your Drivers

Client Success Team

One of the biggest expenses a trucking company experiences is onboarding new drivers. Studies show that each new driver costs approximately $10,000 to recruit, onboard, and train. Retention becomes a huge factor in cutting costs.

Dan Baker’s Cultural Relationship Program teaches that improving the relationship between management, operations, and drivers creates a positive company culture that is the key to success.

A foolproof way to create a more loyal fleet is to encourage the cultural relationship between dispatchers and truck drivers. Both should understand how the other operates and be able to maintain open communication.

Money-making truck drivers love being dispatched on those loads that require you to travel 2,000 miles in 4 days. Loads with more miles ensure more money for the truck driver and their employer.

That is not always the case, however. Sometimes, there are no good loads to dispatch.

In the case of bad freight, look for other ways to improve efficiency. Use these tips from logistics leadership to maximize your most valuable resource, your drivers.

Average Trucker Pay

In 2019, the average pay for truck drivers was roughly $58,000, up from $52,000 in 2017. Truck drivers make about $10,000 more than the average earner. But everyone likes to earn extra money, right?

Creating an environment where your drivers will not only be successful, but will also thrive, will encourage loyalty and long-term retention. Infinit-I Workforce Solutions offers numerous training courses that will allow continual education of any size fleet.

Encourage Drivers Maximize Hours

Some truck drivers fully enjoy the rush of running the highways, maxing out their hours every day. Those drivers typically make the most money.

Some drivers prefer to take extended breaks, mosey around truck stops, sleep late, etc. All the time they spend idle is money lost for that driver and your company.

Make sure they understand the basics concepts of hours of service and set the expectation with this training course:

Infinit-I Workforce Solutions Training Catalog – Page 21 – CSA Hours of Service Basics

Interpreting the BOL

One of the worst things a trucking company can experience is OS&D. Overage, Shortage, & Damaged – This occurs when the freight amount is incorrect or damaged and the receiver will not accept the shipment.

While your company probably has insurance to protect you from losses, these claims take time. An OS&D incident can stop a truck for several days while a claim is being sorted. When you make money per loaded mile, an idle truck can cost your company a lot of money.

Make sure your drivers know how to read a BOL for every type of load they haul. As soon as they are loaded, they should have a thorough understanding of the shippers/receiver’s expectations and condition the load should arrive in.

This type of proactive training can save money and prevent loss of miles and revenue.

Trip Planning

Most truck drivers know the importance of trip planning, but some may not be able to execute a trip plan properly. Sharing these tips with your drivers will start a conversation about improvement.

  • Get to the destination city as quickly and safely as possible. It is always a good idea for a driver to put more miles on the front end of a trip. It is better for a truck driver to knock out 90% of the trip on pickup day than have too many miles left on delivery day.
  • If your receiver doesn’t penalize you for early loads, encourage drivers to check in early. Chances are, they will take your freight before the actual appointment, allowing your driver to move on to another load.
  • Avoid dispatching loads with too much time on them. It is always better to have a driver rolling than getting paid for sitting still.
  • You drivers should always check the entire route for big cities, business loops, high traffic areas, construction, and weather as soon as they are dispatched. They must be able to identify areas that may require a reroute. Encourage them to communicate those concerns with operations.
  • Eventually, the FMCSA’s HOS changes will allow drivers to take their 30-minute break while on duty. When in effect, drivers will be able to take their 30-minute break while fueling or being loaded/unloaded. Emphasis the importance of restful breaks, however. This is a tool to help drivers utilize their time more efficiently, not drive fatigued.

On-Time Delivery

Some truck drivers don’t understand the consequences of late delivery until its too late. Most receivers will consider late drivers a ‘work-in.’

Depending on their volume, that driver could be sitting for hours or even days waiting on an opening. This not only creates a loss of miles for the driver but also constitutes a loss in revenue for your company and compromises your reputation with that shipper and receiver.

Avoid Obstacles

Booking loads with unpaid deadhead can cost your company thousands of dollars of it happens too often. You should always negotiate empty miles with your customer. If not, look for backhaul loads. You may even reach out to brokerages to make up for the loss of revenue.

When booking loads, always check to confirm your driver will have enough time to deliver on time. Be aware of the distance of the trip, the route conditions, and the number of hours available to avoid a repower. Sending another driver to relay a load will only cost every person involved time and money.

Most importantly, encourage their safety. Drivers should be made aware that they don’t have to drive excessive speeds to make more money. The best way to improve your fleet’s performance is communication and continuing education.

Contact Infinit-I Workforce Solutions to find out how we can enhance your safety culture, improve your drivers’ behaviors, and save you money. Ask about your Complimentary 30-Day Trial!

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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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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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Why Enhanced Safety Culture Is Your #1 Money Saver

enhanced safety culture

You’re probably working on the budget about now. Looking at 2020 with tight margins, what do you do? Where do you cut? Do you negotiate better prices on tires? Fuel? Do you start eliminating positions or cutting back hours? The solution is not saving in dribs and drabs. You need to break through the pattern of diminishing industry returns. A decisive, comprehensive commitment to enhanced safety culture does this. Save money while reducing accidents and incidents and saving lives.

Ignoring Safety = Revenue Loss

Most owners and managers don’t tend to think of safety as something that saves them money. If “Keep the customer happy, cut corners, and pray” is how you’re doing business, it’s time to change. In a highly safety-conscious era, you’re paying too high a cost.

Putting “savings” before safety means:

Accidents and incidents get worse and more frequent. The average truck accident with significant damage easily costs $200-300K. If this doesn’t hit the threshold for insurance to kick in, you’re paying out of pocket. You’re paying damages and repairs in the best scenarios, lawsuits, and high human costs otherwise.

Insurance goes up. CSA scores are part of determining your insurance premiums. If your rate only goes up 10% this year, you’re lucky. Industry-wide, they’re going up 20-40%. And insurance companies are getting pickier about who they insure. Some major companies, like AIG, no longer insure trucking companies at all. And if you become uninsurable, you’re out of business.

Reputation declines. With a poor safety record, you won’t be able to attract the best employees or the best clients. You can even lose clients and drivers who don’t want to ship with an unsafe carrier or a carrier who can’t protect them. 

Inspections, fines, and fees increase. When a company has a poor safety record, they get targeted for more inspections. Your chances of paying fines and fees go up. Drivers are put out of service more often. This pattern drains money and discourages drivers from wanting to work for you.

Expensive technology doesn’t pay. If you’re not harnessing your expensive safety technology to change behaviors, you’re only wasting money. All the technology in the world can’t guarantee you fuel efficiency, better braking, proper lane changes, and hands-free communications if your drivers aren’t doing their job.

Enhanced Safety Culture = Survival

Here’s the fact: improved safety preserves business. The FMCSA is preaching the safety culture gospel for a reason. All your safety issues are linked to business viability. Not only does safety protect the motoring public, but it also makes it possible for trucking to have a future. 

Safety culture is no longer your “goal” — it’s your straight-up, base-level survival; non-negotiable:

  • • You’ve got to have the resources to respond to increased vigilance of regulators and insurance companies. 
  • • You have to start building awareness and changing behaviors in drivers to avoid fines, fees, and lawsuits. 
  • • You’ve got to stay positively connected with drivers in order to reduce turnover. 
  • • To protect yourself in court, you’ve got to document your efforts and do it effectively. 

These are the building blocks of an enhanced safety culture and major savings. 

Cost Savings Breakdown

You can’t afford not to improve safety. But your ROI depends on how you go about it. 

Training costs – Save up to 70%

Safety awareness training is most effective when it’s frequent, consistent, and keeps best practices top of mind. If you’re trying to train by pulling drivers off the road for several hours 4x a year, it’s like expecting your kid to clean his room every Friday because you asked him to once. Repetition and consistency build memory and response. That’s where online training provides exceptional ROI. Our cloud-based safety training solutions can save you up to 70% on training. 

Violations and Accidents – Save a minimum of $80,000/yr

Industry statistics show that training your drivers yields a 70:1 ROI by reducing violations up to 50% and accidents up to 40%. For an average company of 100 drivers (who align with national statistics for accidents), our system can save you a minimum of $80,000 a year in preventable accident costs and reduce the severity of accidents when they occur. 

Insurance – Slow, stop or reverse rising premiums

Insurance companies know that if you have a web-based training platform that allows you an increased frequency of safety messaging and training, you’re setting yourself up for better CSA outcomes. Underwriters see this as a positive checkmark when calculating your premiums, and it pays! Insurance partners and associations trust us to reduce their risk of lost revenue, which often translates into best possible insurance premium rates. 

Safety technology – Get the most for your money

You can invest a lot in safety technology. When there’s an event, an online platform lets you turn it into a learning opportunity. Stop bad behavior, improve CSA, and avoid costly fines, fees, and lawsuits. You can train and remediate based on the data and footage you’ve captured. You can upload custom content, and have the driver who made the mistake teach other drivers, explaining what they did wrong. Train and re-train on the events that occur. 

Commitment to Safety Is the Solution

One of our clients is the 2nd largest contractor for FedEx. After using our system, they’ve upped their game: if drivers don’t do their safety training, the dispatcher doesn’t give them work. That’s how serious they are about safety and about seeing outcomes. They know it saves lives, saves money, and saves equipment. In one year, they saved $100,000 on insurance. They’re committed to enhanced safety culture, and it’s paying off.

Download our free whitepaper to learn more about safety scores and savings and how to get better business outcomes with Infinit-I Workforce Solutions.

Decrease yearly accident costs

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Marijuana Legalization: DOT to Audit Drug-Testing Policies

Marijuana Legalization

The U.S. Department of Transportation is reviewing its drug policies in light of marijuana legalization. And it looks as if the policies are about to get tougher.

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