Driver Wellness

Driver Wellness a critical piece of of the new CSR 2010 regulations.

Under CSA 2010, all carriers--and eventually all drivers--with sufficient safety data available will receive a safety rating that is periodically updated. Currently, FMCSA is able to provide safety ratings for relatively few carriers and for no drivers. As described earlier, CSA 2010 will employ a progressive array of interventions that can be tailored to match the severity of the safety problems they are intended to correct.

CSA 2010 intends to use new data--such as information from police accident reports about driver-related factors contributing to a crash--and improve existing data sources--by, for example, using its database of licensed commercial drivers to identify all drivers with convictions for unsafe driving practices, as well as the carriers they work for--to enable a more precise assessment of safety problems.

The Federal Motor Carrier Safety Administration (FMCSA) has raised the bar for passing a new carrier safety audit. In December 2008, the agency announced that new carriers will automatically fail an audit if they have committed any of 15 violations. In the past it was a pass/fail audit that very few failed. If an auditor found critical safety problems it triggered a formal Safety Compliance Review. A carrier could still pass, for example, even if it did not have a drug and alcohol testing program or had not implemented random testing. Under the new rules a carrier automatically fails if an auditor finds a single occurrence of these violations. FMCSA looked back at audits conducted in a recent five year period and estimated that 47.9% would have been failures under the new rules.

The following are those 15 violations that will result in an automatic audit failure:

  • Failing to implement an alcohol and/or controlled substances testing program.
  • Using a driver who has refused to submit to an alcohol or controlled substances test required under Part 382.
  • Using a driver known to have tested positive for a controlled substance.
  • Failing to implement a random controlled substances and/or alcohol testing program.
  • Knowingly using a driver who does not possess a valid CDL.
  • Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.
  • Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
  • Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
  • Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility coverage.
  • Knowingly using a disqualified driver.
  • Knowingly using a physically unqualified driver.
  • Failing to require a driver to make a record of duty status.
  • Requiring or permitting the operation of a commercial motor vehicle declared "out-of-service" before repairs are made.
  • Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
  • Using a commercial motor vehicle not periodically inspected.

It is imperative for almost any carrier to know the provisions of the Driver Qualifications regulations, be able to show documented proof of implementation, and have necessary records and supporting documents, including due diligence in all examinations and investigations. CSR can provide this and company-based programs for your company on a periodic or on-going basis. Contact us now for a no-obligation discussion of your preparedness in this vital area of CSA 2010 compliance.

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