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Safety Bulletin - Have you experienced a Non-Preventable DOT recordable accident?

Oct. 15 2021 Miscellaneous By McCandless Idealease

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Read, print or share the latest Idealease Safety Bulletin "Have you experienced a non-preventable DOT recordable accident?" 

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In this issue:

  • Don’t forget about the FMCSA crash preventability program!
  • Are your Supervisor's of CDL drivers trained under FMCSA regulations?
  • CVSAs inspected more than 13,000 vehicles during unannounced 5-day hazmat inspection initiative

Registration is Open for the 2021 Idealease Fall Safety Webinars

October 27th – 1pm CST
 
November 3rd – 1pm CST
 
November 10th – 1pm CST
 
November 17th – 1pm CST
 
December 1st – 1pm CST
 
December 8th – 1pm CST

DON'T FORGET ABOUT THE FMCSA CRASH PREVENTABILITY PROGRAM!

Both Motor Carriers and Drivers can challenge the preventability of certain crashes with the FMCSA's Crash Preventability Program.  Certain non-preventable DOT recordable crashes can be removed from your CSA scoring if approved by the FMCSA.

Learn More about the program:  https://www.fmcsa.dot.gov/crash-preventability-determination-program

The FMCSA has identified several crash types as non-preventable.  CMV crashes meeting the criteria (occurring on OR after 8/1/19) are eligible for consideration under the relaunched program. 

How the program works:

Motor carriers and drivers must use the online DataQs system to argue that their crash was not preventable.  

IF A CRASH IS DEEMED NON-PREVENTABLE, the FMCSA will:

  • Remove the crash from the carrier's "crash indicator" score in the Compliance, Safety, Accountability (CSA) system, reducing the chance they will be targeted with enforcement action. 
  • Add a note to the Pre-Employment Screening Program (PSP) to indicate that the crash was not preventable, reducing the odds that the driver involved would not be hired due to his or her crash history. 

Qualifying Crashes

How do you know if your crash is eligible for consideration? Here is a list of scenarios where a commercial motor vehicle is eligible. 

IF the CMV:

-Was struck in the rear
-Was struck on the side at the rear
-Was struck by a motorist driving in the wrong direction, or was struck by another motorist in a crash when a driver was operating in the wrong direction (e.g., a car being driven in the wrong direction strikes another car that then hits a commercial vehicle)
-Was struck by a vehicle that was making a U-turn or illegal turn
-Was legally stopped at a traffic control device (e.g., stop sign, red light, or yield), or was parked, including while the vehicle was unattended
-Was struck by a vehicle that did not stop or slow in traffic
-Was struck by a vehicle that failed to stop at a traffic control device
-Was struck by an individual under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred or was struck by another motorist who was involved in such a crash
-Was struck by a driver who experienced a medical issue that contributed to the crash
-Was struck by a driver who admitted falling asleep or being distracted (e.g., by a cellphone, GPS, passengers, etc.)
-Was struck by cargo, equipment, or debris (e.g., fallen rocks, fallen trees, unidentifiable items in the road), or the crash was a result of an infrastructure failure
-Struck an animal
-Struck an individual committing or attempting to commit suicide
-Was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane or skydiver or being struck by a deceased driver)


Are your supervisor's of CDL drivers trained under FMCSA regulations?

Training Requirements:

This applies to all motor carriers, both INTRA and INTER state.

Who is subject to the Supervisor Training for Reasonable Suspicion Testing? CFR 382.603

Training for supervisors
Each employer shall ensure that all persons designated to supervise drivers (CDL) receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substance use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under §382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required

So where can I get the training?

The FMCSA has a supervisor training available in video format that can be downloaded from their website for FREE!

Click Here; Then scroll to the bottom of the page and click on the last link. It will take a while to download due to the length of the video, and the quality you choose. You can also check with your D&A Third Party Administrator to see if they provide the training.

CVSAs inspected more than 13,000 vehicles during unannounced 5-DAY Hazmat Inspection Initiative

The Commercial Vehicle Safety Alliance (CVSA) conducted unannounced hazardous materials/dangerous goods (HM/DG) inspection initiative on June 21-25, 2021. Over 13,000 vehicles were inspected throughout the United States, Canada and Mexico.  

The 3 most common violations:

  • Non-bulk/small means of containment packaging violations
  • Shipping papers violations
  • Placarding violations

The least common, but most dangerous violation: package integrity (leaking)

During the five day initiative, enforcement officers sidelined any vehicles and drivers with any out-of-service violations, including HM/DG, These drivers and vehicles were not allowed to resume travel until the violations

*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.