OSH 360 - Exam 2
Short haul exceptions
-150 air mile radius exception -16 hour short haul exception -Non CDL driver short haul exception
60 hour/7 day limit
-A driver cannot drive after having been on duty for 60 hours in 7 days -As long as you are on duty, you are not allowed to do any type of driving if you go over this 60 hours (loading/unloading, paperwork)
Who is able to make the call for reasonable suspicion?
-A supervisor or other company officials who is trained in detecting signs and symptoms of drugs and alcohol misuse -Only one trained employee official is required but best practice is to have 2
The DER overall responsibilities:
-Administer the Drug and Alcohol Program -Being the Liaison with drug and alcohol testing service agents -is informed of every test and result -performs functions necessary according to results of tests and are authorized to take immediate action to: -Remove employees from safety sensitive duties -To make necessary decisions in testing and evaluation process -Receives test results and other communications from employer
What are examples of safety-sensitive functions?
-All time at an employer terminal waiting to be dispatched -Inspecting and servicing CMV -All Time loading or unloading -All time repairing and obtaining assistance or remaining in attendance upon a disabled commercial motor vehicle
On-Duty Time
-All time at carrier or shipper facility, inspecting, waiting to be dispatched unless driver has been relieved from duty by motor carrier -All driving time -Loading or unloading -Repairing -Breath sample or urine specimen including travel time to site
Unsafe Operations Forbidden
-CMV must not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle -Knowingly operating an unsafe vehicle can make a carrier criminally liable
Compliance Review
-Carrier is notified by FMCSA that audit will happen in # of days -At least 48 hours notice -Records needed: DQ files, testing records, inspections reports, hazmat records, incident reports
Walk around inspection
-Checks tires, lights, hubs, cargo securement, coupling devices, and general condition
70 hour/ 8 day limit
-Driver cannot drive after being on duty for 70 hours in 8 days -Driver may do non driving work after reaching limit but must be added to toal
Post Trip Inspection
-Driver must report condition of vehicle at end of day to carrier in writing -Should be noted on drivers log -Ex: brakes, steering, lighting, tires, horn, wipers, mirrors, coupling devices, wheels and rims, emergency equipment -Must identify vehicle and list any defects or deficiency -must report even if NO damage or defect -Requires documentation but not required to report if no defect -Must have 3 signatures: driver who did report, mechanic saying that defects have been fixed, and reviewing driver's -Preparing driver must always sign but 2 other signatures only required if there is a defect
Exceptions to 11 hour driving rule
-Driver who encounters adverse conditions on run that would normally be done in 11 hours, is allowed 2 additional hours (13 hr to drive and 16 hr to do it) to complete run safely -Emergency situation -Local Christmas Deliveries: from retail stores to consumer when driving within 100 air miles radius of work location from Dec 10-25 -Driving in Alaska
Exemptions of hours of service
-Drivers of utility service vehicles -Railroad signal employees -Drivers of agricultural operations
Follow-up Testing
-Drivers subject to testing must remain in random pool even if that means being tested -
Should you/can you randomly test off-duty drivers?
-Drug you can -Alcohol you cannot
FMCSA Audit Point (compliance review) Common Violation
-Failure to submit report -Failure to act on reported defects -Failure to have certifying signatures -Failure to retain for 3 months
Drive a vehicle used in commerce that meets one of the following criteria:
-GVWR or GVW 26,001 lbs or more -GCWR or GCW > 26,001 lbs with trailer of 10,001 lbs or more -16 or more passengers -Used in the transportation of hazardous materials
Process Involving Prohibitions
-Immediately remove driver from safety sensitive position -SAP referral
What are the drugs for a 5 panel test?
-Marijuana -Cocaine -Amphetamines and methamphetamines -Opiates -PCP
14-hour rule
-May not drive after 14th hour after coming on duty because 14 hour period includes all driving time, on-duty time, and off-duty time (lunch breaks) -10 hour break resets your clock -Off duty time does not extend 14 hour day
Compliance Review: Critical Violations
-Noncompliance relates to a breakdown in a carrier's management controls -Ex: maintenance record keeping problem -using driver before receiving pre-employment result -failing to do random drug tests at applicable annual rate (less than 25%) -failing to do random alcohol tests (less than 10%) -Failing to conduct post accident testing for alcohol or drugs
Compliance Review: Acute Violations
-Noncompliance with single reg is considered serious violation -So severe that it requires immediate corrective actions by motor carrier -Ex: let driver test positive and continue driving (common violation) -failing to implement alcohol and/or drug testing program (number 1 acute violation) -fail to have random testing -using driver known to have used controlled substance
Interventions
-Number of Behavior Analysis and Safety Improvement Categories (BASICs) percentiles above the threshold -High BASIC percentile indicates high noncompliance -A symbol to serious violations -Intervention history and time since last one
Substance Abuse Professional
-Person who evaluates employees who have violated a DOT drug and alcohol program and makes recommendations concerning education, treatment, follow-up testing, and aftercare -Employer needs to decide who pays for SAP! -Employer has legal responsibility to provide list of SAPs available and they must be recognized by DOT
On-road violations
-Possession/use while on duty or within 4 hours of duty/under influence alcohol (account for .28% of violations) -Driver uses or is in possession of drugs -Violating out of service order: penalty is 10k a day if company allows driver who test positive to drive (Top 10 FMCSA citation)
Why are roadside inspections conducted? and Who conducts them?
-Qualified inspectors from regulatory agency conduct them -They are trained through courses developed and maintained by the CVSA, ex: cops -Give you and vehicle an on the spot safety check up -They are means of enforcement of motor career safety laws
30-Minute Break
-Required after accumulating 8 hours of driving time if driver will continue to drive CMV -Counts against 14 hour limit -May do non driving work after 8 hours without break (eat, fuel, cargo)
Return To Duty Testing
-Required after driver has violated DOT drug or alcohol prohibitions, has completed treatment and is ready to "return to duty" -Can only occur at advising of SAP -Alcohol test must indicate BAC less than .02 -Drug test must be negative -Should not be used when employee has been on leave for 30 days or longer (Pre-Employment test)
Return to duty and follow up testing
-Required if driver has tested positive or refused a test -Must consist of at least 6 tests during the first year after driver's return to duty
What are the test for driver to be returned to service?
-SAP evaluation and treatment -Return to duty test -Follow up testing
Your decision should be based on
-Specific: smell on his body -Contemporaneous: happened recently -Articulable: you can tell -Observations: must be based on this
Major difference between Random and Reasonable Suspicion Testing?
-You have to have a valid reason based on observation for suspicion
DOT alcohol tests identify alcohol concentration of ...
.02 and greater -IF BAC = .02 < .04 then you need to wait for 24 hours but not viewed as positive -IF greater than >.04 then positive and you need an SAP and have to get help and education and go through return to work program
What are the 4 main components of CSA program?
1. Collection of safety related data from inspections, investigation 2. Measurement of data across BASICs 3. Evaluation of data to determine which carriers and drivers are more unsafe than others 4. Intervention to persuade unsafe carriers and drivers to improve
When you drive with your windows down how loud can it be?
85-90dB
34 Hour Restart
Any period of 7/8 days may end with the start of 34 hour off duty period -Can be used even if 60/70 hour limit exceeded
How often must pushout windows, emergency doors, and emergency door marking lights be inspected?
At least every 90 days
BASICs
Behavior Analysis and Safety Improvement Categories
What alcohol testing methods are allowed by FMCSA for CMV driver with CDL?
Breath test
CVSA
Commercial Vehicle Safety Alliance -Non profit, enforcement people from regulatory agencies
CSA
Compliance, Safety, Accountability
DER
Designated Employer Representative
Inspection Benefits to Employees
Driver Benefits: -Improved asset uptime -No departure delays -Decreased risk of DOT fines -Clearer lines of communication Technician Benefits: -Improved asset uptime -Improved productivity -Streamlines paper work process -Educated driver
16 hour short haul exception
Driver can drive after 14 hours but not after 16th hour if they were: -Released from duty at normal work location for previous 5 duty hours -Returns to normal work location and released from duty within 16 hours -Has not used this exception in previous 6 days except following 34 hr restart -Does not drive more than 11 hours after 10 hours off duty
What is the number one critical violation?
Driver vehicle inspection report violation
DVIR
Driver's Vehicle Inspection Report
Level 3 inspection
Driver/credential Inspections: -Only examine documents pertaining to driver and hazmat -CDL license, medical certificate, logbook and hours of service, documentation of annual inspection -Check for haz mat
Designated Employer Representative
Employee authorized by employer to take immediate actions to remove employees from safety-sensitive duties or cause employees to be removed from these covered duties and to make required decisions in testing and evaluation process
Level 6 Inspection
Enhanced NAS inpstion for radioactive shipments: -Follows a higher inspection standard that the regular level 1 NAS inspection -Is used only on select shipments of radioactive material
GVWR
Gross Vehicle Weight Rating
In what situation can a CMV driver drive 11.5 hours within 14 hour limit?
If he encounters an adverse conditions, on run that normally be completed within 11 hours
Vehicle out of service criteria
Includes things that could lead to an accident or breakdown: -Leaking, flat or worn out tires -Broken or major damage to components in trailer 's bay area -Fuel system leaks or loose fuel tank -Improper load securement -Improper or inadequate placarding
Level 1 Inspection
North American standard inspection: -Most comprehensive, includes examination of compliance with the critical elements of both driver and vehicle regs -Takes about 45-60 minutes
How many people must be tested for random testing?
Old Rule: -50% for drugs -10% for alcohol New Rule: -25% for drugs -10% for alcohol If failure rate is more than 1% then it can be moved up to 50%
Post-Accident Testing
Required if: -Vehicle required a CDL One of 3 conditions are met: -Fatality -Involved vehicle must be towed and your driver was cited for moving violation -Someone needed immediate medical care away from scene and driver was cited
Level 4 Inspection
Special inspections: -Usually a one time examination of particular item -These examinations are normally made in support of a study or to verify or refute a suspected trend
A CMV driver drives from 8am-11am, takes 1 hour break, drives 4 hours, takes 30 minute break for lunch, and drives another 4 hours. Based on current situation what is correct?
The driver is still in compliance
How long do points on drivers license stay on drivers record?
-3 years, premium is increased for 3 years -Motor carrier stay for 2 years -If driver gets points, motor carrier does too
Supervisor training for Reasonable Suspicion Testing must include
-60 minutes on signs of alcohol misuse -60 minutes on signs of drug use -Training shall include physical, behavioral, speech, and performance indicators -No recurrent training is required
When to Post Accident Test
-Alcohol: within 2 hours, 8 hours max if 2 hours not possible -Drugs: within 32 hours
Random Testing
-All drivers must be in drawing pool (temp, casual, part-time, mechanics that drive, drivers on leave or layoff, etc) -Annual testing must be completed by Dec 31st
Who must follow hours of service regulations?
-All motor carriers and drivers for CMV that transport property or passengers in interstate commerce -GVWR GVW GCW of 10,001 lbs or more whichever is greater -Transport 16 or more passengers including driver or 9-15 passengers for compensation and being operated beyond a 75 air mile radius from normal location -Transporting hazmat
DOT Pre-employment Tests
-All new employees just starting to drive CMVs that require CDLs -or after a layoff period -Must have verified negative test result before using driver in safety sensitive function
DOT Drug and Alcohol Clearinghouse
-Collects info on DOT drug and alcohol violations occurring -Capture data on CDL drivers that tested positive or refused DOT required test -Employers must use system for info on driver applicants and search database annually for current employees
Why aren't regs followed?
-Conflicting goals -Forms and processes that lead to poor followthrough -Complexity of equipment -Poor training/understanding -Drivers dont believe company listens or cares
Pre-Trip Inspection
-Driver cannot operate vehicle until driver is satisfied with condition of it -No required form but should develop checklist -Needs to be documented -Only sign last inspection if defects were noted by driver who did report -If no problem dont sign -Ex: wipers, brakes, steering, lights, horn, coupling devices, hood, grill, mirrors, front bumper, tires and rims, no leak, fluid levels, emergency equipment
Post trip inspection Flow chart - No defect
-Driver finds no defect -Driver signs DVIR -Next driver reviews DVIR as part of pre trip and submits it to carrier (no second or 3rd signature)
150 air mile radius
-Driver not required to fill out log or 30 minute break -Have to operate within 150 air mile radius of normal work location -Return to work reporting location and release within 14 hours -at least 10 hours off duty separate each 14 hours on duty -Does not drive more than 11 hours after 10 hrs off duty -Motor carrier maintains driver's time for 6 months showing time of duty each day, total number of hours each day -Not exempt from 60hr/7 day or 70hr/8 day
Post trip inspection flow chart - Defect
-Driver notes defect on form -Mechanic or carrier official acts on report and signs off that repairs were completed or not necessary -Next driver to pre trip vehicle reviews the DVIR and signs agreeing with mechanic -DVIR with all signatures is submitted to carrier
60hr/7 day and 70hr/8 day limit do not apply to
-Driver salesperson whose total driving time does not exceed 40 hours in 7 days -CMV driver who is used primarily in transportation of construction materials and equipment -Driver in alaska
What is a requirement if the CMV driver wants to drive an additional one hour after come on duty for 14 consecutive hours?
-He must return to the normal work reporting location within 16 hours since the beginning of his 14 hour day -He has been released from duty at normal work reporting location for previous 5 duty tours -He did not drive more than 11 hours after 10 consecutive off duty
Driver Out of Service Criteria
-Hours of service violations -Driving with an invalid CDL -Driving under the influence of alcohol or drugs
Compliance, Safety, Accountability (CSA)
-Is an enforcement program designed by FMCSA to reduce CMV crashes through improved safety management and better compliance with safety regulations -Its Safety Management System (SMS) measures motor carriers' safety performance -Looks for 7 categories (BASICS) and get total score, if number of basics exceeds threshold then FMCSA will do intervention or audit!
Sleeper-berth provisions
-It allows drivers to split their 10 hour rest breaks into 2 separate qualifying breaks -Must spend least 7 hours in berth and another break of at least 2 hours to reach 10 hour total or 7.5 and 2.5 hours -If breaks less than 10 hours then add in total 14 hours -Allows for clock reset after 10 hr off duty or sleeper berth rest
Return to duty process
-It is NOT company specific -Can start at one carrier and complete at another -Background checks are critical in locating drivers that have failed or refused and have not completed process
North American Uniform Out-of-Service Criteria
-It is a list of violations that are so unsafe that they must be corrected before operations can resume -An out of service order can be issued to driver, vehicle, or both
Spit Sample
-It is allowed for confirmation of positive drug test results is allowed if requested by driver within 72 hours -If it fails to reconfirm original test, both tests must be cancelled, if it does confirm then results are final -Confirmation test must be conducted in less than 15 min -Refusal is more than simply saying no
The 6 Levels DOT Inspection are Carried out by qualified DOT inspector or state police officer
-Level 1: North American Standard (NAS) Inspections (Most comprehensive) -Level 2: Walk around driver/vehicle inspections -Level 3: Driver/credential inspections -Level 4: Special Inspections -Level 5: Vehicle only inspections -Level 6: Enhanced NAS inspection for Radioactive shipments
Inspection Benefits to Company
-Lower overall maintenance costs -Reduced breakdowns -Increases fuel mileage -Improved on time percentages -DOT compliant - better CSA scores -Trained employees -Improved communication -Improved retention
Consortium/Third Party Administrators
-Manage all, or part, of an employer's DOT drug and alcohol testing program -Perform tasks as agreed to by employer to assist in implementing testing program to keep employer compliant -manage random testing programs -Can use to take some burden off -Still need DER -Employer held responsible for error
Based on DOT Part 40, once the DOT Drug and Alcohol Clearinghouse is established, motor carriers...
-Must go to this system for information on driver applicants -Search the database annually for current employees -Collect info on every driver who has violated drug and alcohol regulation
11-hour driving rule
-Must have 10 consecutive hours of rest after 11 hours driving time -Must be completed within 14 hour period -You have 3 hours to eat, bathroom, inspections, cargo -Cannot drive 11 hours if breaking other rules in order to do it
What is not allowed with random testing?
-Only having some drivers in pool -Alphabetical selection -Picking by seniority -Drawing name out of hat or "picking drivers" -Tests based on suspicion or just because
On the Road Inspection
-Only required if vehicle is hauling unsealed cargo or hazardous materials -Done every time vehicle is parked for hazmat -Driver must stop every 3hr/150 miles to check unsealed cargo -No required form, best practice is to "flag" on log and list any problems found
Safety Rating
-Satisfactory: If acute/critical = 0 points -Conditional: if acute/critical = 1 point -Unsatisfactory: 2 or more points
When is a pre-employment test required?
-Temporary employees just starting to drive CMVs that require CDLs -If driver returns to work after a layoff period of 30 days
Why do you need to conduct a pre and post trip inspection?
-The driver and manager can be held liable -Good inspection helps prevent road calls and interruptions to sales
On Duty time is all time except
-Time resting in sleeper berth -Time resting in parked vehicle -Up to 2 hours riding in passenger seat before or after spending at least 8 hours in sleeper berth
What are the 7 BASICs?
-Unsafe Driving -Hours of Service Compliance -Driver Fitness -Controlled Substances and Alcohol -Vehicle Maintenance -Hazardous Materials Compliance -Crash Related
What is the required DOT drug test?
-Urinalysis (5 panel) -Sample needs to be certified by Health and Human Services
Documentation is instrumental for reasonable suspicion
-Use checklist -Where possible second option -Make time to document observations -Action should proceed with directing employee in for test -No excuses!!
Out of Service Violation Requirements
-Vehicle: inspector will place an "out of service vehicle" sticker on vehicle for violations that are likely to cause accident -Driver: driver placed "out of service" may be prohibited from further operation of CMV for specified period of time or until required condition is met -Contact carrier if placed out of service, if not available must mail it to them within 24 hours
10 Common Errors Complying with drug and alcohol testing mandates
1. Failing to Implement a Program -number 1 acute violation 2. Defining Drivers -anyone who operates CMV 3. Managing Random Selection 4. Conducting Pre Employment Tests -conducted after they started driving 5. Ignoring Drug and Alcohol Violations -Driver must complete return to duty program 6. Post-Accident To test or not to test 7. Retaining Records 8. Linking to Physical Exams 9. Notifying Drivers of Required Testing -they need to go immediately to testing site 10. Handling DUI Convictions
Drivers Log Lines
1. Off Duty 2. Sleeper berth 3. Driving 4. On duty (not driving) -Driver must submit within 13 days following completion -Carrier has to keep it for 6 months
What are the 3 types of driver inspections?
1. Pre-trip 2. On the road 3. Post Trip
Based on the Non-CDL short haul exception, a driver is exempt from?
14 hour limit rule
If driver wants to drive again after reaching 60 hour/7 day limit how long must they rest?
34 hours to reset the clock
What situation is NOT in compliance with DOT Hours of Service regulation?
A CMV driver dos the following work in a consecutive way: repair for 1 hour, staying in motor carrier facility for 4 hours, loading for 1 hour, unloading for 2.5 hours, and driving for 5 hours and 45 minutes
Return to duty tests are only required...
After employee has completed return to duty process, before returning to perform a safety sensitive function
Who Must comply with DOT Hours of Service Regulations?
All CMV that transport cargo between Grand Rapids and Chicago and the total weight of vehicle and cargo are 12,000 lbs
Annual Inspection
All CMVs must pass every 12 months, carrier may not place it in service if it has not been inspected
C/TPA
Consortium/Third-Party Administrators
Non-CDL-Driver short haul exception
Exempt from log requirements, 30 minute break, and 14 hr rule if: -operates within 150 air mile -returns to normal work reporting location at end of each duty hour -does not drive after 14th hour after coming on duty on 5 days of any period of 7 consecutive days or after 16th hour after coming on duty on 2 days of any period of 7 consecutive days -Motor carrier must maintain time records for 6 months -Still must comply with 10, 11, and 60/70 hour rules
Within 150 air mile radius exception, a CMV driver is NOT required to...
Fill out a driver log
If you use the 100-150 air mile exception, make sure your drivers understand that if they cannot meet all of the criteria, they must...
Fill out a log
GCWR
Gross Combination Weight Rating
On a CMVs daily log, which line(s) must be counted for the 14 limit after coming on duty?
Line 1, 2, 3, and 4 provided that line 2 is below 7 hours
Driver Inspection
Make sure they have necessary tools for inspections: -Training that emphasizes regs requirements -Tire gauge -Hammer -Flashlight -Gloves -Inspection checklist -Contact number and name for questions
Which inspection is most common?
Maybe driver credential inspection Level 3
MRO
Medical Review Officer
Medical Review Officiers
Review test results from lab and see if positive or negative and make decision
What employee should you hire for DER?
Safety person, HR, supervisor, or person in safety, must get sufficient training
What is counted in Line 4 of CMV's driving log, after coming on duty?
The travel time to and from the collection site for drug and alcohol test
A CMV driver is regulated by DOT hours of service. The driver does non-driving work for 9 hours every day from March 24-31st. Based on situation:
This driver is in compliance with DOT hours of service regs -Driver doesn't drive so 7/8 days rule does not apply
Return to duty process is NOT company specific; Driver can start process at one carrier and complete at another
True, not company specific
Drivers Log Remarks
Used to record location changes in duty status and other info -Ex: put city and state for each change of duty status -Can also record short stops such as tire checks
What is Not a prohibited behavior for a CDL driver driving a CMV according to FMCSA?
Using alcohol 6 hours before duty and the BAC below .02
Level 5 inspection
Vehicle Only inspection: -follows the vehicle portion of the Level 1 inspection, and may take place without a driver present -Usually conducted at a carrier's place of business during compliance review -Includes all vehicle components inspected under level 1
Level 2 inspection
Walk around driver/vehicle inspection: -Very similar to level 1, except the inspector will not check items that require the inspection to physically get under the vehicle -Takes about 30 minutes