CSA 2010 Good for Trucking Industry or Opportunity for Abuse?
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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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
oh well,when there arnt anymore truckers the d.o.t bears wil be standing next too us in the unemployment line
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.
if you can tell me a better way of making it safe for what’s left of my family or your family for that matter please do. none of us civilians should be subjected to wreckless, negligent, i got away with it before so i’ll do it again drivers. Next time it may be your little girl or boy, or your wife and kids in the path of their “MISTAKE?”
Maybe you should look at your kids and you driving habits. Try this, find someone you know that drives a truck and ride with them for ONE HOUR. thats all, one hour and you will see that cars dont even know what a truck is or has to do to just go down the road. I am a local driver and was an OTR. I got out of the cities and OTR because i got tired of always getting cut off by you civilians you claim are at risk. look at yourself before you jump to conclusions about others.
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.
if you could, please explain to me what is going on with the apnea testing and rules, i have been looking for a while but cant find any mention of it even on the FMCSA website. thanks.
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.
Welcome to Government control. Watch out for who you vote for. Obama just put in two judges that won’t do our freedoms any good. You see Johnny, there are well intended academics out there recycling and or using rules they come up with to help us save ourselves. Nothing will do that entirely but they’re going to kill our economy trying. There is not a soul out there that knows 1% of all of the information the rest of us collectively know from the past, present or the future but feels he/she can over ride the remaining 99% of the knowledge we have to function. Look at all the “agencys” employed by the Government. They’re called elites.
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
[...] easily being manipulated and placed unjustly, once again, on the professional driver. CSA 2010 Problems | AskTheTrucker[quote] [...]
I feel that that Feds want control and to get rid of all truckers more the owner operator then company drivers so they came up with this BS. We don’t do enough payoffs so when you get doted they find anything and everything to give you points. Just so the company can fire you. Its all BS. We as drivers will never get ahead or be consider as people we are the bottom of the barrel. A BIG NO WIN !!!!!!
dont understand this driver fitness thing,agree alot are over weight,but what about the law enforcement officers saying we are to fat,arent they look at some of them they couldnt run 15 feet before they had a stroke.this is just another way to take more of the peoples rights,as if not enough people out of work this governemnt going after 100,000 thousands more jobs,seems to me that people would wake up and tell the government that it is time they get put back in there place and find out that some of these rules are just a money thing.safety bull,it is all about money.
With the Government taking over the banking system, auto industry, health coverage industry and now the student loan industry, they now have accumulated 51% control over the private sector.
Hopefully, people will wake up in November, 2010 and again in 2012.
will this onley consurn violations receved in a cmv or will non cmv violations be recorded as well? and will this onley go back as far as when i got my CDL (about a year ago) or a full three years?
Only CMV violations from roadside inspections and DOT recordable crashes( a fatality, injury, or towing…not fender benders)
If you only have your CMV license for 1 year then that’s all they can go back, you wouldn’t have 3 years of DATA.
Well I’m not one to throw in the towel but watch out, here it comes. And you know what? Not any of this CSA bullstuff would affect me. Not at this present time anyway. I’m just fed up with trucking period. This company that I’m leased on with just keeps on quoting lower and lower freight. To remain competitive they tell me. HEY! How about the competition that’s going on for my butt! (bank, IRS, you name it) With all the hours we work and time that we spend away from our families, we should make enough dough to not have the financial difficulties that we do. It just don’t make sense. Well anyway I’m turning in my keys. Off to a different route. And if I hit it big on this new business don’t think for a minute that I’ll forget about my fellow truckers. We need to organize a revolt against this injustice. Somehow, someway unite as one. Stand up! And hey, when we get this fixed, maybe we can start working on fixing the government of this nation. Huh. God bless you drivers. Keep it shiny side up.
Thanks Kevin … and good luck with your new business venture.
CSA 2010 punishes truckers for everything. Ask me how I know. I was given a warning and now I have points. I cannot fight this and I now have 51 points from my first and only stop. Cop said I was speeding and he pulled me over right past a stop sign that I had stopped at to let the others traffic go first. How can a fully loaded truck speed at a stop sign? I cannot fight this s*&t and I do not plan on ever driving again. I do not like being treated like crap.
They be but here it comes. Sorry to hear of your bad experience. That’s why I’m so happy that my company has GPS in the Tractors. That can be your next requirement to drive again.
I find this whole thing to be a big problem. I truly understand wanting to get rogue drivers and companies to comply with certain safety regulations. But to place things that the driver can not prevent into their lap, and ultimately onto their score card, is just crazy. Let’s also have a scoring system for our government, be it township, county, state, or national. Sure it’s easy to say how standards should be implemented when you know you will not be affected. Simply one step closer to a New World Order. Next thing you know, your eyes are too blue or your feet too big. How dare any organization tell us that we are too physically overweight and unfit to perform our jobs. By those standards, most of America, as well as other nations, could be found the same. And what of us who perform our jobs quite well and safely, even better than most, who do not meet certain criteria? Take those who do not meet OUR standards out of office, off the force, and off the pay-roll and see how quickly these sort of things get rejected. i just don’t understand how some government official, who has little or no idea of how things in the trucking world actually work, can dictate to us how things should be done. All the numbers and charts in the world can’t possibly give true insight to any industry. This is supposed to be a nation by the people and for the people, not the other way round. Pray that the pompous. arrogant, so called leaders of our (supposed) nation will wake up and smell the dog food.
I’ve read some of what is being said by the truckers, and My father was a trucker, with an AA plus safety rating, because to him human life came first, not the bottom line. I don’t understand something though, part of what I read said that the driver had no controll over his load, he or she is required to stay in the cab while being loaded, ok, well after all is done and he or she leaves the dock and the load shifts or becomes unsafe, how is it not their responsibility to stop!!!!!!!!! and resolve this problem? why is it so imparitive they just keep going, on the assumption they aren’t responsible? I think that if everyone had the since to take care of what they are actually doing,,DRIVING A HUGE SAFETY HAZARD TO THE PUBLIC,they wouldn’t speed, they would get enough sleep, and they would certainly fix the 46,000lb plus load that is about to fall off into on coming traffic, and law enforcement wouldn’t just let them leave because they only have 5 more miles to go. None of these safety commisions would have to interceed and make them think about what they are doing if it was a priority to be safe in the first place. Between being stopped by the police and 5 miles to his destination my daughter and 2 others were killed when the load finally broke loose. So please tell me what would you want done if it were your family going to the store when this happened? It very well could be next time.
Beverly, I see what you read and that will not continue. What your seeing is a requirement by a private company. Not DOT. It will be our job now to tell them that WE are in control of the load and that’s a huge part of why this is happening. This law may well be throwing a lot more responsibility on the driver and if the driver allows them to dictate their rules on his rig and CDL, then that driver needs to know that his days are numbered. They mean business and I welcome it and this will not only make the roads safer, it will heighten the standard of the occupation. Your Dad did it. The rest of us can. How about a BA major in Commercial Truck Driving. My Grandfather was an animal Vet back in the 1930’s with a 3rd grade education. All you needed then was to pass the test. Truck Driving may be evolving from the average Joe/knuckelhead to the refined/respected and well spoken person. Compensation will be reflected by supply and demand of drivers. So sorry to hear that of your daughter.
Hey brother and sister truckers, This is to all that have concerns including myself this is what it boils down to. CSA is a scam that will bring you and you job to its knees..thats right this is goin to target many OVERWEIGHT TIRED FATIGUED COME ON WAKE UP!!! This is a way for our GOVERNMENT to control us again …WHAT are we going to do about this?
I will tell you NOTHING just like we did when they changed the hours of service….WELL NOT ME I WILL NOT LAY DOWN AND TAKE THIS…This VIOLATES EVERYTHING I KNOW…..LOOK IN YOUR LOCAL TRUCKSTOPS I WILL HAVE MORE INFO ON THIS I am goin do do my best in stopping this but i need help and voices…TEAM FREE SPIRIT….remember this name you will see it often in this industry
All of this talk of driver fitness is not being overweight or old at all. The driver fitness basic deals with driver CDL restrictions, endorcements, driver medical card, glasses, hearing aid (with extra battery). If you pull a Haz-Mat load, make sure you have the endorcement on your CDL. If you wear glasses, make sure they are not on the dash when you go thru the scales! Carry your CDL and medical card with you at all times!
Being overweight or old has nothing to do with the driver fitness basic in CSA 2010.
Fatigued or tired? I have been tired many times. And I have been fatigued. I have been tired but not sleepy. That is part of the business. One learns the difference and goes to bed when fatigued or sleepy. This is a strange business. The shippers, receivers and companies push to get loads delivered. The driver is the one at the bottom of the food change and the one who usually ends up paying for the greed of the others. We dont have split sleeper berth now. How can they say they are for safety when they sont let one take a nap when the driver deems it necessary. The 14 hour rule works against the driver trying to make a delivery. This program is just a show to soothe the lobbiests who hate trucks. The people who write these things have never spent any time in a truck. They dont know what we do. Besides the program wont work right. How do I know? It is a freaking government program run by people who dont have a clue.
They do keep it quite vague, don’t they? This Thursday we’re having a Blog Talk Radio Show and will be touching on the medical aspect of CSA 2010. Right now there appears to be modifications in the DOT physical aspect, and a drivers weight and BMI index are going to play a big part of both sleep apnea and related medical issues. The trucking companies are placing their own requirements on drivers, including BMI index and sleep apnea testing.
Anytime that the government needs money you know full well that they come to the trucking industry to get it. It’s just another way to line their pockets with cash. No to mention that all of those Foreigners they have flooded into the country need jobs. What better way to cash in. If you look at the tax money that they gov’t is getting to keep because illegals don’t file tax returns..duh, it’s astounding. This is just another ploy. I’m thankfull that I only have a few more years left (if that), and you folks can have it all. Let’s just do away with all the trucks and use camels. The Saudi’s already have all the money. The new american cowboy….