Idealease Safety Bulletin - 2020 Vehicle Miles Down, Fatality Accident Frequency Up
The latest Idealease Safety Bulletin from March 19, 2021, "2020 VEHICLE MILES DOWN, FATALITY ACCIDENT FREQUENCY UP" is now available to read, share and download!
Read the entire bulletin online here on idealease.com, or click the image below to download and print the PDF version. Remember to sign up to have the weekly bulletin delivered straight to your inbox for instant access to the latest safety news, tips and information!
As always, you can access all past Idealease bulletins online: https://www.idealease.com/safety-compliance/safety-bulletins
EVEN WITH MILES DRIVEN DOWN REMARKABLY IN 2020, TOTAL VEHICLE FATALITY DEATHS HAVE INCREASED
Total miles traveled by motor vehicles was down 15% in 2020 compared to 2019
- Traffic deaths increased 8% in 2020 (as many as 42,060 dying in vehicle crashes according to National Safety Council)
- 24% increase in fatality rate - highest spike in nearly a century!
- NHTSA has not yet released its analysis, however results for 1st 9 months show similar trends with both deaths and death rates up
APRIL 26-30: NATIONAL WORK ZONE AWARENESS WEEK
- Spring campaign to encourage safe driving through work zones and construction sites
- Learn More: https://www.nwzaw.org/
DISTRACTED DRIVING MONTH - APRIL
Great time for motor carriers to reinforce dangers of distracted driving and FMCSA enforced rules and regulations:
- According to regulations, CMV drivers are prohibited from texting or using hand-held mobile phones while driving
- Rules:
- No entering alphanumeric text into or reading a text from an electronic device
- Restrict reaching for or holding a mobile phone, as well as dialing or pressing more than 1 button
- CMV drivers can only operate a hands-free phone located in proximity
- Motor carriers are also prohibited from requiring or allowing their drivers to text or use a hand-held mobile phone
- Violations:
- Fines;
- Disqualifications; and/or
- Impact on Motor Carrier's or Driver's SAFETY MANAGEMENT SYSTEM results
- Sanctions for driver offenses, including civil penalties up to $2,750
- Motor carriers may be subject to civil penalties up to $11,000
Very easy to comply with the rules:
NO REACHING
NO HOLDING
NO DIALING
NO TEXTING
NO READING
The THREE Types of Distracted Driving and how to avoid them
- VISUAL
- Keep your eyes on the road
- Pull over to read directions
- Put your phone in "Do Not Disturb" mode
- MANUAL
- Keep your phone out of reach
- Make all adjustments before driving
- Don't reach for items while driving
- COGNITIVE
- Avoid phone calls, even hands-free
- Stay focused on the road
- Keep your emotions in check
Banning Distracted Driving: An Employer's Guide to Protect Employees and Liability
- Implement a clear policy indicating that the employer does not require employees to answer calls while they are on the road. This includes the employer placing calls to employees while they are driving.
- Encourage your employees to plan their trips to include stops so they can safely return calls and emails.
- Establish company policy that makes it unnecessary for employees to text while driving to fulfill their job duties.
- Eliminate any incentives that may encourage employees to text/talk while operating a vehicle.
- Communicate your state's regulations and associated fines to employees.
- Encourage employees to sign an anti-distracted driving pledge
- Designate company vehicles as "distraction-free zones."
OBTAIN FREE CELL PHONE POLICY KIT - from National Safety Council
Learn More: https://www.nsc.org/road-safety/get-involved/distracted-driving-awareness-month
Other Resources and information on distracted driving:
http://safety.nsc.org/ddam - National Safety Council
https://www.enddd.org/ - End Distracted Driving
DOCUMENT THE USE OF COVID-19 MED CARD AND LICENSING WAIVERS
If you took advantage of the medical certification and/or licensing exceptions, your recordkeeping must show the driver met the terms of FMCSA's notice and was fully qualified before its end date. A copy of each enforcement notice should be retained to show auditors, since copies may be difficult to obtain in the future. In the event of an audit, you will need to explain when you used a specific waiver and prove your driver qualified. You will also need to take all the necessary steps to get your files back in compliance.
June 1st is when all waivers will expire, and if all drivers wait, it may create a bottleneck at the State Drivers Licensing Agency (SDLA).
- To avoid a downgraded CDL and CLP:
- Drivers should plan to have their updated medical cards to the SDLA by May 18, 2021
- The state has 10 days to process all medical certifications.
- But the waiver deadline lands on a federal holiday so give yourself a few extra days
It is recommended that motor carriers obtain a new MVR prior to May 28, 2021, confirming any expired or downgraded license was brought up to date. If the driver's record is not current, an MVR request on or after June 1st is too late. You have an unqualified driver on the road.
US DEPARTMENT OF LABOR PROPOSES WITHDRAWAL OF INDEPENDENT CONTRACTOR RULE
The Wage and Hour Division of the US Department of Labor is proposing to withdraw a Trump Administration final rule on Independent Contractor Status under the Fair Labor Standards Act. 86 Fed. Reg. 14027
FLSA requires employers to pay non-exempt employees at least the minimum wage and overtime for more than 40 hours worked per week. Independent contractors are exempt from these requirements.
Drivers of CMVs who are subject to Hours of Service Rules are separately exempt from these overtime requirements, however not from the minimum wage requirements of the Fair Labor Standards Act.
The FLSA does not define who is an independent contractor. Over the years courts and the Department of Labor have developed a multifactor test to determine whether, as a matter of economic reality, the worker is dependent on a particular individual, business, or organization for work (and is thus an employee) or is in business for him- or herself (and is thus an independent contractor).
The new rule would use a five-part test, with the first two parts considered the most important in determining the worker’s status: the nature and degree of the worker’s control over the work; and the worker’s opportunity for profit or loss based on initiative, investment, or both.
The other three parts of the test are:
- the amount of skill required for the work,
- the degree of permanence of the working relationship between the individual and the potential employer, and
- whether the work is part of an integrated unit of production.
In proposing to withdraw the final rule, the Wage and Hour Division would revert to an “economic realities” test first enunciated by the U.S. Supreme Court in 1947 in United States v. Silk, 331 U.S. 704, which says that “employees are those who as a matter of economic realities are dependent upon the business to which they render service.”
The factors to be considered under this test include:
1. The degree of the employer’s right to control the manner in which the work is to be performed;
2. the worker’s opportunity for profit or loss depending upon his or her managerial skill;
3. the worker’s investment in equipment or materials required for his or her task, or employment of helpers;
4. whether the service rendered requires a special skill;
5. the degree of permanence of the working relationship; and (6) whether the service rendered is an integral part of the employer’s business.
*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.