The trucking industry will soon see a change in the FMCSA safety rating system, Safestat. The new program, CSA 2010 will soon be underway. I see what could be a good thing for the safety standards of the trucking industry, but at the same time . . . are there areas that, like most programs, could actually bring about more abuse towards drivers?
Since the 1980’s motor carriers have been evaluated by the FMCSA through a CR – Compliance Review. This review is lengthy, time consuming and involves heavy paperwork . . . but is the only way the FMCSA can assign ratings for safety. Because of the heavy workload involved with the CR, less than 2% of the trucking companies in the U. S. were inspected within a year. Furthermore, through the CR evaluation process, the safety rating given to the carrier does not expire until the carrier is again scheduled to be rated again . . . no matter how poorly the carrier is currently operating.
As of right now, under the Safestat safety rating system, trucking companies are checked within four areas:
- Driver
- Vehicle
- Safety Management
- Accident
The CSA 2010 system will increase to seven areas:
- Unsafe Driving
- Fatigued Driving
- Driver Fitness
- Controlled Substance and Alcohol
- Vehicle Maintenance
- Improper Loading/Cargo Securement
- Crash Indicator
Furthermore, two new safety measurement systems will come into play with the CSA 2010: one for carriers (CSMS) and one for drivers (DSMS). Never before were drivers directly measured for safety under the SafeStat system, but now they will be . . . and this is where I see the potential for problems.
There is a lot that I like about the new CSA 2010 system, mostly making drivers more responsible for their actions in relation to safety. However, I can see a few areas that could easily be turned around and used against drivers under no fault of their own:
- Fatigued Driving — Driving a CMV when fatigued. This is distinguished from incidents where unconsciousness or an inability to react is brought about by the use of alcohol, drugs, or other controlled substances. Data includes (1) hours-of-service violations discovered during an off-site investigation, on-site investigation, roadside inspection, or post-crash inspection, and (2) crash reports with driver fatigue as a contributing factor. (FMCSR Parts 392 and 395)
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Problem: Drivers are often “pushed” by dispatch to deliver “HOT” load(s) – of course, they can refuse but will driver risk “punishment” by company such as drop in miles? Starved out? DAC Report?
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Vehicle Maintenance — CMV failure due to improper or inadequate maintenance. Data includes (1) roadside violations for brakes, lights, and other mechanical defects, (2) crash reports citing a mechanical failure as a contributing factor, and (3) violations from an off-site investigation or an on-site investigation associated with pre-trip inspections, maintenance records, and repair records. (FMCSR Parts 393 and 396)
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Problem: Driver held responsible when company has their own “maintenance” dept./ shop which signs off for repairs. Why should the driver receive points or fines where they have no control over a company who operates with poorly maintained equipment?
- Improper Loading/Cargo Securement — Shifting loads, spilled or dropped cargo, and unsafe handling of hazardous materials. Data includes (1) roadside inspection violations pertaining to load securement, cargo retention, and hazardous material handling, and (2) crash reports citing shifting loads, or spilled/dropped cargo as a cause or contributing factor. (FMCSR Parts 392, 393, 397 and HM Violations)
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BIG Problem: Many trailers are loaded by shipper while driver is not allowed on dock or to supervise loading. Driver is required to remain in truck. Driver should not be held responsible for an unsecured load that he or she does not have the opportunity to inspect.
I feel the FMCSA has good intentions with the CSA 2010 system, but I can already see the potential of responsibilities easily being manipulated and placed unjustly, once again, on the professional driver.
READ POST CSA and DAC to Cause more Job Loss posted 1/18/10
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: CSA 2010, FMCSA, problem, problems, professional driver, Safestat, safety rating, trucking, trucking industry
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Those are all valid concerns and I see a fourth: Driver Fitness. Because the highly-partisan medical review board is busy making unproven so-called safety issues a part of driver fitness (like the sleep apnea testing that has been badly abused: so many have been labeled as having apnea when they actually dont and there is NO proven safety data, regardless of what they claim), the body-mass index efforts and the coming push for upper age cut-off requirements, drivers will end up being scored high on that part of the index even though they have no other violations. This will be used to remove safe experienced drivers from the field using the law. This removes liability from carriers who could never terminate a driver simply because they thought he was too fat or too old. It will also limit claims for disability when one scores out on the scale for health reasons that are not considered disabling conditions. You are not disabled: you just can no longer pursue your chosen career!
I seriously doubt there is much of a problem with CDL holders slipping thru the cracks from one carrier to another. After all, DAC is still there and they can – and do – easily get driving records for a new hire. The only danger might be owner-operators with their own authority. The numbers arent high enough to warrant this new bureaucratic nightmare without an ulterior motive. I suspect the big carriers want this as a way to get rid of drivers they couldnt legally terminate otherwise. Carriers are being proactive in getting drivers out of their system before they become a health insurance liability – and many of those developing illnesses are directly related to the job itself. As the driving force ages, these problems become more disabling . . and they want your cumulative health score to force you out of the system before you end up being able to sue them for Comp!
Hi Linda: Yes, I have problems with this Driver Fitness as well, just didn’t touch on it at this time. I also see that it could be a way to squeeze out many drivers in order to make room for the thousands of drivers coming in, if and when, they open the Mexican borders – as well as a violation of privacy against drivers … much to touch on about this area as well . . . you make excellent points – thanks, Allen
And where is there any accountability and/or safety stats on dispatchers? Where is there any information on job performance for dispatchers? We all know their job is to push drivers to their limits and get the loads delivered (at any cost?), but what about dispatchers that knowingly push drivers beyond legal limits? Where is there any any accountability or protections against dispatcher abuses that directly affect safety?
Exactly Wayne : one big problem I see with this as well …. I understand there will be “kinks” in any new system that needs to be “worked out” – but how many drivers will unjustly lose their jobs BEFORE these “kinks” get straightened? thanks – Allen
When does a driver really have time to do any exercise that’s going to help him/her stay healthy? Where can a driver find those healthy meals on the run? When every truck stop offers choices such as corn dogs or Taco Bell, Wendy’s or the grease pit buffet? You don’t get enough opportunity to maintain a healthy life in this industry. I quit driving for a year & it took 6 months to get my sleep cycle back to normal. As soon as I could sleep 8 hours straight, my blood pressure dropped. But it only took 6 weeks to mess up my sleep cycle again. The irregular hours are so hard on drivers. All you young drivers think you can get away with it now, but you’ll pay for it later. This is something that really needs to change.
Truck driver health is such a serious problem which is seldom discussed, and you are so right – the younger, new drivers should be aware of this and begin tackling the problem right from the beginning. The eating habits of most is a difficult thing to conquer … I found the best way was utilizing the buffet more, mostly from the salad bar and meats and fruits, but again, when time is so sensitive for drivers these days, it’s all one can do to just shut down and run in and grab whatever they can, before hitting the road again. Bottom line, for most drivers, healthy eating habits and lack of sleep and rest is a part of OTR driving … it will take a person totally committed to changing their lifestyle and eating habits …. something is extremely difficult to do based on the lifestyle of OTR trucking.
I did NOT see anywhere in your review and have not seen thru any Govermental reply ANY reference written into CSA2010 for appeals.
Owner-Operators United Inc, {a drivers association} has taken a deep seated stand against these rules and are looking into a class action against them.
While we all agree Safety is number 1, this system is set to remove 175,000 drivers off the road the first go round, and with monthly audits how long before we are all gone.
FMCSA’s own report stated that going back 3 years, had those audits been done under this set of rules 49 % of ALL trucking co’s would fail.
Thank You
Dan Little
Pres. – Owner Operators United Inc.
http://www.owneroperatorsunited.org
I have major issues regarding the ability to use and abuse this new system they want to use. First and foremost the insurance industry is going to make a killing off of this no matter which way it goes. The potential IMO for them to coerce inspectors to target certain companies and give them “bad” scores in order for them to collect larger premiums due to high risk insuries is so mind boggeling it leaves me speachless!!
Second concern i have is the “profileing” of drivers! 1 bad roadside inspection or one inspector having it in for a driver or a company can effectively ruin that drivers or that companies future for years.
Third concern, what about the thousands of drivers that rarely if ever cross a scale because they are short haul city drivers? IMO this whole campaign is harrasment of the OTR drivers while leaveing the short haul city drivers pretty much in the clear. Are they going to have teams of DOT officers stationed in the cities on a daily basis performing level 1 inspections on the city/shorthaul drivers?!
Personally i believe this is a large money grab by a unified group of agencies. Let’s look who stands to gain revenue and start asking some hard questions of them. Some to be questioned, state and federal DOT who stand to make millions from increased fines to so called bad drivers due to the profileing point system. The insurance companies who stand to make millions from increased premiums based on the profileing point system of bad drivers AND companies.
The health indurstry due to the mandateing of suspect testing such as body mass indexing and sleep apnea testing. Oh and lets not forget the manufacturers of the cpack machines that the sleep apnea diagnosed drivers will have to buy.
Sadly this all boils down to money and not safety as the FMCSA and others keep trying to hail like the second comeing. When you look at the percentage of accidents with semi’s that are caused by cars it seems to me that instead of focusing on the trucking industry maybe they might want to concentrate on the average automobile driver a little before they decide we as truckers are the culprits.
This csa2010 is going to be a disaster.I don’t understand how anyone can think this is a good idea.Faulting a trucker for things that are beyond there control is going to put 100’s of 1000’s of our truckers out of work and living on unemployment till they can retrain into a new field.This option will not be there for our soon to retire men and women in there mid to late forties.Also the Obama administration has filled us with this false hope of creating jobs as we have all sat here on the side lines and watched our economoy crumble or be moved over seas.Now please tell me this when the 175,000 truck drivers who will be let go when csa2010 takes effect where will the trucking companies pull in the man power they need to cover the loss? Mexico ?Canada? or will our grocerey,gas,propane,clothing,freight,and everything else that truckdrivers are such a vital thing to our society get jacked up to unreasonable rates ?I see this sca2010 if it is truly implimented rasing the price of a gallon of milk from 2dollars in missouri to 8or more and if your to blind to realize that and think this csa2010 is a great idea then I am sad to be an American.
How many points disqualify a driver?
Not sure if that has actually been determined, yet. I have found this statement:
“Within each peer group, a percentile is computed on a 0 –100 scale for each entity that receives a non-zero measure, with 100 indicating the worst performance.”
“Entities with percentiles above a certain threshold and meeting minimum data sufficiency requirements can be deemed poor safety performers. These entities will be identified for CSA 2010’s Intervention process.”
I’ll keep looking, but seems the actual number has not been determined yet. You can read more on the 97 page SMS Methodology Version:
http://tinyurl.com/yhasznl
Allen
As a Canadian trucker who drives 90% in the U.S. we are also plagued by Home Security rules and regulations for commercial drivers. We have to comply with 2 different HOS regulations. Now we also have to contend with CSA2010.
I believe the D.O.T. U.S.A. and Canada are trying to find a way to monitor and police an industry which is too large for them to do efficiently with enforcement. Since they can’t stand over the shoulders of dispatchers, safety and compliance officers and maintenance departments they are targeting the diver sector with the fear of road side inspection scoring.
I believe the FMCSA’s intention is to get drivers to take a stand and enforce their own compliance needs in hopes that the trucking companies will wake up and adjust their operations to comply with regulations.
It appears to me that with the loss of truckers through tougher qualifying criteria is setting a pre-requisite standard for the commercial driver. Soon new drivers will have a higher entrance standard and existing drivers will have a higher standard of job quality to maintain their driving status. It will be a rough and confusing road ahead. We will likely lose many good drivers and truly have a driver shortage.
Unfortunately we can’t stop the progress and only do our best to adapt to it. Hopefully without being knocked out of commission from it. If it is like the other new regulations it will take a few years for it to be fully implemented.
Good luck!
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I’m writing a newspaper story for a paper out of Salt Lake on the CSA 2010. I’ve never even sat in a rig, so forgive me if I sound ignorant.
I’ve got a couple of questions:
About these road-side inspections: is that when a truck gets pulled over by highway patrol? How in the world is the DOT going to know if a driver in the middle of Nebraska is tired?
How often, say how many times a year, does a driver get inspected by a dot authority?
About those dispatchers: how often do they push drivers to violate sleep regs to deliver a “hot” load? Is that pretty common?
For the medical checkups, why do they care if a driver has apnea? That seems to make no sense. If you’re driving asleep you’ve got bigger problems than apnea.
Thanks for the help!!!
Hello Andrew: road side inspections can be done by any law enforcement official, but it is mainly performed by the highway patrol and more specifically, by the D.O.T enforcement officers.
Officers are trained to spot various signs of fatigue such as poorly kept log books, an unwashed vehicle, yawning, red eyes and so forth. Actually confirming a driver is over tired, I agree, can be a bit of a stretch.
At times, DOT will set up certain days and time for periodic inspections, even advising trucking companies and the general public as to when such inspections will be scheduled. Other than that, inspections are done on a random basis. It’s hard to put a number on it, but overall, I believe inspections are not done on a hard core basis …. in over thirty years of driving, I can count on one hand the times I have received inspections.
Pushing drivers by dispatch is a very common problem and is done so on a daily and regular basis. It comes with the long haul trucking life style.
The purpose of the apnea testing is that studies have shown sleep apnea to be a very serious health problem. Drivers have been killed while suffering from this condition, thus the reason for the pre-screen apnea testing – often people do not even realize they have sleep apnea – therefore, testing and catching it before they hit the road driving, is their way of stepping up safety procedures for professional truckers, as well as for the general public.
Andrew,
I hope your article is not the only one being written. The CSA 2010 seems to be yet another well intentioned cause of unintended outcomes. We continue to repeat out mistakes. Follow the money!
Johnny
There are many posts being written about this initiative, with our most recent post here: http://tinyurl.com/ylge5cp — trying to weed through the rumors and getting down to the facts.
Another driver score card for trucking companies. Have you heard of this one, endorsed by the ATA? The Vigillo CSA 2010 Scorecard . . . another tool trucking companies can use to :
(1) Assess the data upon which the company will be judged by FMCSA
(2) Calculate the score they are likely to receive based on that data
(3) Run reports that will help them manage their CSA 2010 and safety risks and
(4) See and take action on the specific areas (AND DRIVERS) that need work to improve their safety score.
The Vigillo CSA 2010 Scorecard has a driver component that allows the trucking company to see a driver’s safety record, including violations, warnings and crashes, thus allowing them to take “appropriate actions.”
This scorecard is provided to trucking companies at a month to month subscription fee. Trucking companies will pay for this service, much like the ‘ole DAC REPORT.
More abuse against drivers in the making? 32 years of experience tells me “yes.”
http://www.atabusinesssolutions.com/t-csa2010scorecard.aspx
Allen
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