| Doug Marcello |
Why It Matters
Risk reduction and denuclearization is not solely the responsibility of safety and risk departments. Every department can – and must – act within their powers to reduce exposure to liabilities.This is even more important in an era of deductibles/retention and captives. The all-out effort in every department protects the public, preserves company profits, and deflates an existential threat.
What’s the Problem
There is a misconception that risk is limited to being a safety and risk department problem. Impose procedures. Minimize claims.
Moreover, safety and risk are misconceived as company burdens. They restrict profits. They erode the bottom line. Burdens.
While safety and risk lead to risk reduction, it must be a company-wide effort. Every department can contribute to do what they can to minimize exposure.
Unfortunately, these other departments are incentivized to the contrary. Sales to get loads. Recruiting to fill seats. Operations to route. Maintenance to keep wheels turning.
All these functions have elements of risk. Yet few companies incentivize, let alone focus, on reducing these risk-bearing elements. In today’s environments, it is a “must” to do so.
What Can Be Done
Safety and risk is not just external, addressing interaction with the motoring public and billboard lawyers. It is also an internal endeavor evangelized to all departments:
- Sales: Risk-based pricing. Load pricing is market drive. But that pricing cannot ignore risk. The risk inherent in a load that goes to a litigious or accident-fraught location.I have clients that lament the costs of cases in “hellhole” jurisdictions. Yet, they priced the load to that location priced for less risky locations.
Sales must fulfill that role. Loads must be priced for the potential exposure. Or declined if the price does not factor the risk.
I know, easy for me to say as an attorney. But I’ve seen the alternative and the losses suffered by the failure to include risk or exposure in the pricing calculation.
- Recruiting: Exposure starts with drivers. Their actions, and their pasts, are potential detonators.“Filling the seat” indiscriminately feeds the frenzy of the billboard attorneys. As I’ve said before, for them it’s not about the accident, it’s about the company. Systemic failures.
Questionable (dubious) hiring lobs them a soft one. The billboard attorneys can attack the company for hiring an unqualified driver to operate an 80,000-pound truck among the motoring public.
The defense starts with hiring. Qualified drivers. Defensible backgrounds. Training to address deficiencies.
Again, easy for me to say. But I’ve seen the alternative…and what it costs.
- Operations: How can operations reduce risks? They just direct traffic.Answer: A lot. First, driver management is vital — hours of service, fatigue, weather … all of these are potential detonators.
Second, routing is risk-related. Telematic companies provide insight into the most dangerous roads, days of the week, times of day. These are invaluable insights that can minimize risk if employed in routing.
And one of the largest recent verdicts included an argument that weather should have been considered in routing.
Third, detention time. The American Transportation Research Institute’s recent study found increased risk when there is excessive detention time. Not just rushing to make up time, but even en-route to get the load.
- Maintenance: Functioning vehicles reduce risk. Not just by avoiding failure-caused accidents, but by minimizing driver distraction and rushing due to lost time.Plus, post-accident inspections that reveal pre-accident defects are fodder for the argument of billboard attorneys that there is a systemic failure that requires a big verdict. “The company couldn’t even keep their vehicles compliant. How do you think the rest of the company operates?”
The Big Thing
Multi-departmental safety and risk requires one overarching commitment: A safety culture. It starts at the top. With the folks who are responsible for, judged by, and profit from the bottom line.
In my current presentation, “Safety Profit,” I preach the message of this full-court press by the entire company and all departments to protect profit – and the company itself. Management must buy in and make clear their commitment to the message.
When that happens, safety and risk are no longer a burden. They are a profit. Keeping money on the bottom line by stemming the hemorrhage.
Bottom Line
Safety and risk will determine your bottom line. But all departments can and must contribute. Make sure this message reaches all and is effectively enforced. |
Kathy Close
States are required, as part of their commercial driver’s licenses (CDLs) programs, to share and receive data from the federal CDL database, Commercial Driver’s License Information System (CDLIS). The state’s MVR includes any data entered on the driver’s record through CDLIS. As a result, the report provided by the state on CDL holders is often called a CDLIS MVR.
MVRs are a critical piece of the driver qualification process. Anyone hired to operate a commercial motor vehicle (CMV) as defined in §390.5, which includes both CDL and non-CDL vehicle types, is subject to the recordkeeping requirement.
DQ File Requirements
Motor carriers are required to obtain an MVR covering the previous three years for each new driver they employ, and then update the record every 12 months during employment.
For the initial 3-year MVR, a request must be sent to every state in which the driver held a license or permit during the last three years. A copy of each state’s record must be:
- Placed in the driver’s qualification (DQ) file within 30 days of his or her employment date (this window can be shorter for CDL drivers, see their MVR requirements below), and
- Kept until three years after the driver’s employment ends.
The regulations also require a motor carrier to obtain and review an MVR on each driver annually, covering the previous 12 months. Each annual MVR and the note documenting the annual review can be removed from the driver’s qualification file after three years.
Additional Requirements for CDL Drivers
For interstate CDL holders whose MVR includes medical certification information, when accepting the driver’s current medical certification which was likely issued more than 15 days prior, the MVR must be obtained before the driver operates a CMV, to prove that the driver is physically qualified.
The CDL MVR:
- Must be obtained every time the driver’s medical certification status changes;
- Must be secured within 15 days following the driver’s medical exam; and
- May be used to satisfy the initial or annual MVR requirements (serves a dual purpose).
MVRs as a Risk Management Tool
But the MVR is more than just a regulatory obligation. The MVR offers the motor carrier a glimpse into the behaviors of the driver since past behaviors are often an indicator of future performance. The way a driver handles vehicles — personal and commercial — is often revealed through a review of his or her driving record.
A motor carrier’s hiring and safety policies should set standards as they relate to the MVR. Scoring traffic convictions is one way to objectively rule out a candidate or require a current driver to go through coaching or refresher training. The severity of a conviction, frequency of citations, and how long ago a traffic conviction occurred are often included in this decision-making.
FMCSA offers, not requires, the Pre-employment screening program (PSP) report. If used as a best practice at the cost of around ten dollars or less, the PSP report may offer additional information when vetting drivers at hire.
MVRs and PSP reports have some key differences. The PSP:
- Includes data from all CDL numbers a driver has held for the past 5 years, while the MVR includes only data from the current CDL issue by that state.
- Includes the original violation regardless of whether it resulted in a different conviction, while MVRs only show events resulting in a conviction.
- Includes a driver’s five-year crash history and three-year roadside inspection history, while the MVR includes only convictions in a given state and not warnings, citations, and tickets yet to be settled in court.
Mark Schedler
Preparing your drivers and dispatch team for successful roadside inspections doesn’t just help minimize the chance of vehicle-related violations — it’s critical for avoiding accidents and minimizing over-the-road repairs. Improve compliance and safety across your fleet with these 10 tips for a successful ELD roadside inspection.
- Clean the Truck Cab
Pay attention to the overall cleanliness of the cab. Remove extra garbage, especially from the top of the dashboard, which could impact viability and potentially cause items to drop into the area of the brake and accelerator pedals. A messy cab makes the officer ask “What else isn’t in order with this driver or vehicle?”
- Plan Your Route
The benefits of planning every single trip in advance are three-fold:
- Compliance: Make sure you have enough hours available and opportunities to take required breaks so you can legally and safely reach your destination without becoming fatigued.
- Safety: Check the weather forecast and plan your route so you can avoid excessive delays driving through big cities and extending the workday.
- Effectiveness: Look for potential obstacles along the route such as road closures, construction, or tolls that may cause delays. If applicable, use only route-planning software/applications suitable for use with heavy-duty truck operations to avoid illegal routes, low overpasses, and other hazards.
- Conduct a Thorough Pre-Trip Inspection
While each company’s version of a “proper” pre-trip inspection may differ slightly, as a standard, required items should be checked in the same sequence each time to create the habit for conducting a thorough pre-trip. There is no industry standard amount of time to log for a pretrip. Thorough inspections should be completed and logged for the actual time taken to do so.
- Mount, Charge, Connect, and Update HOS Electronic Logging Devices Before Driving
Before operating the vehicle, verify that the ELD display is in a fixed position where you (the driver) can view the device when seated driving position. Drivers must be able to present their record of duty status to an inspection officer via wireless web services and email, or USB and Bluetooth. For this reason, each driver should take extra caution to ensure their hours-of-service devices are fully charged and operating as expected, along with being updated to the most recent actual duty-status change.
Any unassigned driving time must have been accepted if legitimate, or rejected for processing by the office staff before commencing driving for the day.
Personal conveyance (PC) events must not have any business purpose and the driver must have been released from all duties. A PC event such as a move to a maintenance shop or closer to a shipper, will be reclassified as on-duty driving time during an inspection and a violation will likely be received. Misuse of PC is a major reason that falsification is usually in the top five driver roadside violations.
- Know Hours-of-Service Limits and Rules of Exception(s) Used
Make sure drivers and officer dispatch personnel know the hours of service rules and understand how many consecutive hours drivers are allowed to drive before they are required to take a break, if drivers qualify for any exceptions, and how to make appropriate use of their ELD to help regulate their compliance.
- Ensure Truck Driver In-Cab Driving Paperwork is in Order
Drivers should keep all applicable documentation up to date, organized, and easily accessible from their cab. Required documents include:
- Driver’s license, medical certification, and any applicable medical waivers
- Supporting documents, such as bills of lading and expense reports (up to eight supporting documents need to be retained for each driver, each day)
- Hazmat documentation
- Annual vehicle inspection information
- Permit credentials, including the International Registration Plan (IRP) cab card, International Fuel Tax Agreement (IFTA) license and decals, and any temporary permit
- ELD-related documents, including eight days of blank logs, driver information, and malfunction/transfer instructions for the device being used
- Confirm Prior Days’ Record of Duty Status’ (RODS) Certified on the ELD
Prior days’ RODS must be certified immediately after the last change of duty status for the applicable 24-hour period. Leaving logs uncertified is the same as having a prior day paper log that isn’t signed — it’s a violation.
- Conduct a Thorough Post-Trip Inspection
Post-trip inspections should include the same vehicle components checked in the pre-trip inspection. Establish a consistent step-by-step process for completing the inspection in an efficient manner, without leaving anything out.
- Complete DVIR to Note Any Safety Defects
Drivers of property- and passenger-carrying vehicles should complete a driver vehicle inspection report when a defect exists that affects the safety of the vehicle or could cause a potential breakdown. Carriers may require a DVIR regardless of the presence of defects.
- Be Positive
Attitude is everything. Drivers should remain calm, be respectful, avoid argument, and ask the officer to explain the violation(s). A driver can’t talk themselves out of an inspection, but they can certainly talk the officer into one.
Drivers and motor carriers share equal responsibility for achieving violation-free roadside inspections. Drivers should be prepared for a roadside inspection at any time, while it is the ongoing responsibility of the carrier to keep drivers trained, well informed of regulatory changes, and positioned for success.
Brad Klepper
After taking a hiatus last month to explore the ramifications of the proposed rescheduling of marijuana, we’re back with the fifth — and final — installment of a series designed to help motor carriers create and implement an effective safety plan.
In those first four installments, we talked through each team’s role in onboarding and continuing to develop safe drivers.
Now we come to an all-important question: How can we know what is working and where we should invest our efforts? Here’s a breakdown that may help.
Recruiting
What does success look like for a recruiter in hiring safe drivers? The point at which you pay a bonus will tell the recruiter what to value.
You may want recruiters to bring as many interested and basically qualified people as possible and let the orientation team worry about safety-mindedness — or you may want the recruiters to invest more time upfront to bring in safety-minded (but fewer) candidates, spending less money on travel/hotels and time with the wrong people. You must determine what setup is right for you.
If you do want to hold recruiters accountable for the success of the driver, it is important to measure how many of their individual recruits succeed in orientation and the reasons their recruits fail orientation.
- How can you help improve the recruiter’s conversation around that topic, either disqualifying the candidate in advance of coming or setting better expectations for the candidate ahead of coming?
- Is the recruiter ensuring the driver completes anything in advance? New hire paperwork? Advance safety training? Drug screens? Physicals?
- If these are encouraged rather than required, what percentage of the recruiter’s candidates are actually completing the recommended pre-orientation steps? What can they do to improve completion?
Orientation and Road Training
To avoid bias (or even the appearance of bias) in who you determine is or is not a safe fit throughout the orientation process, you can implement assessments with well-defined right and wrong answers.
Well-planned assessments both mitigate biases and create useful measurements — and measurements create the opportunity to evaluate correlations. Correlations allow you to hypothesize what changes could be made to improve the effectiveness of your safety training and, as such, both assemble a safer fleet and expand your pool of candidates.
For example, you might create a points system with pass/fail scores on your road test, similar to that of a driver’s examination. On the form you would note what infractions were made and how many negative points were accumulated for those infractions. This reduces any concerns of possible bias during the examination, and it also creates a measurable metric you can use to compare against CDL schools attended, previous experience driving, etc.
Using this information, you may be able to have conversations with specific CDL schools about what portions of your road test their alums are failing. You could also consider what additional training you may want to offer/require based on an applicant’s previous driving experience. You may want to update pre-orientation materials you offer based on trends you see in previous driving experience, or even require folks with less experience come a day early for additional instruction.
You may want to stop hiring from certain CDL schools altogether if they’re unwilling to update their programs to improve their alums success in your orientation.
Similarly, an assessment at time of upgrade from road trainer to a truck would provide an excellent review of the road trainer’s work as well, along with giving you the ability to see what topics road trainers may need to cover in more detail during road training. Or, perhaps, you might find an opportunity to consider adjusting training in orientation to cover the topic in more detail (or maybe insight into who should be removed from your road trainer program).
Orientation supervisors and road trainers should be very well trained in and given a voice in these assessments. The more say people have in a process, the more likely they are to follow it. Schedule a regular review, perhaps quarterly or biannually, to review your assessments with those facilitating them and discuss updates. At your discretion, share the trending results you see from the assessments and ask their suggestions on what can be adjusted in training so more people with the right attitude can learn the skills to be safe. Perhaps they’ll have ideas on other items to measure.
First Year and Beyond
In Part 3 of this series, I asked a few questions to get your mental wheels spinning about what to measure in your fleet and how to structure your training and coaching around those measurements. Who is having what kind of accidents — and when and why?
Are poor directions taking them down bad roads? Can you train drivers to better evaluate directions and look ahead to be sure they make sense? Or who to call and how to maneuver if they wind up in an unsafe area?
Are drivers having accidents at a specific customer location? Is the freight, traffic, warehouse employee attitudes or limited space creating tight space or requiring snap decisions? Can you set alerts to coach or send a video training to a driver when he/she is assigned a load to that customer and then measure any reduction in accidents at that location?
It’s important to tell people the “why” and “what’s in it for them” to get their buy-in, so I encourage you to share the metrics you measure and how completing the training and giving feedback will help them succeed. You certainly do not want to defame a customer to your fleet, but you can professionally share with your drivers that you have seen a location requires a higher level of preparedness to avoid accidents.
What’s Worth Measuring?
When determining if something is worth measuring, always ask yourself these questions:
- What are the possible results of this measurement?
- What else could be affecting that result?
- What action(s) can we take to minimize a negative result and/or improve a positive result?
For example, say you decide to measure what day most people fail in your orientation. Is it more likely people are failing because there is something inherently unlucky about Mondays, or is it that your road tests are on Mondays? I’m going to guess it’s because of your road test. You’re not going to stop having class on Monday to reduce failures. It might seem interesting to know what day most people fail, but it’s not actionable — and it’s likely not any root cause to a negative or positive result.
On the other hand, it might be worth moving road tests from Monday to Tuesday to see if fewer people fail. Perhaps traveling and getting in late Sunday, then taking the road test when drivers are tired and have anxious first day jitters on Monday is not the best situation to assess.
It’s all in how you ask the question and what you’re willing to change based on the answer. Anything you measure but are unwilling to change is a waste of time.
What about Operations and Maintenance?
Operations and maintenance are also key partners in safety. It is important to share with these teams the information you’re gathering, how you intend to improve, and — again — what is in it for them. How can safer drivers make their lives easier? What training would their departments like to see drivers go through?
Driver managers and other drivers are the most influential in how your drivers behave in their daily lives. You’ll certainly want to get operations and your trusted, tenured drivers (namely your road trainers and mentors) on board. Give them a voice with anything you plan for your current fleet before you launch. You may not make the changes they want to see, but you can listen and respond with how you decided on a solution and that you’re open to changing course and continuing to hear their suggestions if you do not see the positive impact you expect.
Closing Remarks
This concludes my lengthy series on building a comprehensive safety plan throughout your company. Each team’s impact on safety could be a series of its own right, but I hope these got some internal conversations going that will turn into productive action on each team. If not, at least you all now have another team you can point fingers at for safety infractions!
Brad Klepper
In Part 4 of this series, I am finally getting to the team no one thinks of when it comes to building a comprehensive safety plan: the safety team (insert tongue in cheek here — and yes, this is why they pay me the big bucks!)
I am also going to address the importance of a mentorship program that works in conjunction with the safety team.
The First Year
While not all carriers hire fresh Class-A CDL graduates, many carriers DO hire drivers with less than one year of experience. Many companies have adjusted down their experience requirement in the past decade — but how much have their safety programs changed in response to the needs of less-experienced drivers and heightened regulations?
Studies show that, regardless of age, drivers with less than one year of driving experience pose the greatest safety risk in terms of violations and crashes. Providing these inexperienced drivers with mentorship from experienced drivers during the first year — on top of additional coaching or training from your safety team — is highly recommended.
So, what does that look like?
My favorite answer to give (and the one all lawyers are trained to provide) is, “It depends.”
It depends on your company’s safety challenges, company culture and the resources you have available in manpower, technology and training development skills. Any of this can be outsourced, but maintaining your company values and unique policies in these programs will still take some manpower from your safety team in guiding the external team and reviewing their work.
Mentorship Programs that Actually Work
For a mentorship program to work, your mentors must be engaged and shining examples of your company’s culture. Just as with your road trainers, it’s vital to regularly connect with your mentors and give them a voice in program development and a voice in changes they would like to see in the company.
You certainly want mentors who are passionate about developing others, but in order for this to be viewed as a professional part of their job, you should provide some type of compensation for their time and efforts — and specify goals to which you can hold them accountable in order to receive their compensation.
Mentors having a minimum of one year of experience driving and a fantastic safety record is an obvious must, but they should also have a positive view of your safety team. Mentors further establish your company’s values and when/how the mentees should engage with office employees.
The same can be said for the safety technology on the trucks. Mentees are likely to adopt a similar perspective to their mentors have regarding the tech your safety team has carefully chosen. Ideally, your mentors share the same convictions your safety team has. After all, they are acting as your safety team in the field!
When pairing mentors to mentees, carefully consider each person’s background, personality and hobbies. Those with similar interests will be most likely to result in a productive and happy match.
Depending on the nature of how your freight moves, you may want to develop a mentorship “hotline” that gives newer drivers an opportunity to reach another mentor if their assigned mentor is unavailable. Another option would be to have a 24/7 on-call safety member who can either answer the question or look up another mentor who may be available.
Effective Safety Teams
For your safety team to be most effective in your fleet, developing relationships and trust is key.
Sometimes having the right title and/or experience can garner enough respect to get someone to truly listen to you and help change their life, but this is rare. Most often, the people we trust have our individual best interest at heart are the ones who change our lives. For example, even with my impressive J.D. degree and decades in trucking (placing tongue firmly in cheek here while pausing for dramatic effect), I still expect those of you who have met me are far more likely to consider my advice in these articles.
For your drivers to believe you genuinely care about them, they need to feel they know you and that you understand and appreciate the challenges of their job.
The first year, when less-experienced drivers are your highest risk, is the most impactful time for you to be calling, listening to what they’re facing and coaching them weekly (or monthly, depending on the size of your fleet).
Important advice: Listen first, coach second. This is coming from someone who loves to talk, but I also love to learn — and learning comes from listening. This is likely to positively affect your retention as well.
Another option is to assign regular training goals using a system that lets you monitor completion rates. Incompletion must have consequences!
Why is this important? First, it shows you believe your program is important and makes a difference. If you don’t, why should the drivers believe in it? Second, if a driver gets into an accident and you must turn over records showing that the driver has not completed any assigned safety training for months, it paints a poor picture of both the driver’s and the company’s commitment to safety.
For the most effective training, you’ll need to measure the causes of accidents and violations at your company. I encourage you to share in your training some metrics to show how serious these mistakes are for the company and for other drivers.
How much are these accidents/violations costing the company? How much downtime does a driver experience following this type of accident? How are these safety issues impacting the company’s and drivers’ CSA scores? What does it mean for the company and drivers if you hit intervention levels in that category? If you can reduce it by X%, what do you estimate the savings will be?
These topics are really great for your entire fleet.
Also, if you love a good debate like me — and can take the time to reinforce you’re all on the same team — share the experience level of the drivers having these accidents.
Most often, experienced drivers are certain it’s always the new “whippersnappers” having all the accidents. While we do see drivers in their first year have the most accidents, they are far from the only ones having accidents. In fact, share the most common accident in each band of experience.
Everyone can be part of reducing accidents, and no one is immune from having one. If you can share metrics that apply to each driver and can convince them that each individual action matters, you are more likely to get their attention. It can also be a good tactic to recruit for mentors.
Speaking of metrics …
Part 5 in this series is focused entirely on building powerful assessments and metrics to bolster your safety program and direct ongoing changes for the better. This applies at every step in your program. You cannot build a safety program that works if you are not unbiased in measuring its impact and continuing to adjust as the demographics, technology and needs in your fleet evolve.
Brad Klepper
In the third installation of this series, we’re going to talk about bad habits.
Whether we want to admit it or not, most of us have picked up some bad driving habits between the age of 16 and whatever age we are now. (No, I’m not going to say how many years that is for me, and I won’t ask you to tell me either.)
Maybe you have a quick bite or drink while you’re driving, or you send a quick text. Maybe you start programming in the route to your destination after you’ve already taken off — or maybe you reach for something in the back seat to hand to your kid. Maybe you speed up as the light turns yellow, or you drive just 4-9 miles an hour over the speed limit everywhere you go. Or, perhaps you’re a perfect driver who makes no mistakes, and you just throw rude gestures to the needlessly careless drivers around you.
Now … imagine engaging in all these seemingly minor distractions and habits while behind the wheel of an 80,000-pound truck, which requires 50% or more stopping distance than an ordinary passenger vehicle.
Consider this: Most Class A truck drivers have five years or to develop personal driving habits, both good and bad, before they ever start CDL training and testing. We’d like to think the people who decide to be truck drivers quickly gave up those pesky, reckless habits — and maybe they did.
But let me ask you this: How many of your New Year’s resolutions have been successful simply because you knew they were better for you? Again, I won’t tell or make you tell, but I’m guessing most of us are not feeling a rousing sense of achievement at the thought.
So how do we re-train safe driving habits in orientation?
In recruiting, you assess a candidate’s attitude around safety, their accountability for their mistakes and their ability to learn from those mistakes.
IIn orientation, you assess those same items, plus the person’s ability to learn or retrain themselves based on your guidance. If you assigned videos and quizzed them ahead of orientation, now you are seeing if they can apply the information in the real world.
Orientation should consist of hands-on driving and training that cannot be completed online. Some things to cover with drivers during orientation include:
- Share examples of common scenarios that have led up to a violation or accident at your company. Ask the recruits what risks they would face in that situation and how they would mitigate them.
- Provide recruits with examples of publicized lawsuits in the industry over the last several years and how they have played out for the driver.
- Introduce them new drivers your safety team and offer a Q&A session to build trust.
Orientation is your chance to more deeply connect new hires with your value for safety and teach them how to think about and to take safety personally. If new drivers simply sit silently through dull lectures and take quizzes, you’re teaching them to memorize, regurgitate and discard information.
Changing habits necessitates creating new neural pathways through action, interaction and problem-solving.
What about road training?
Road training is equally, if not more crucial than orientation in re-training habits. Road training allows the new employee to cement their new safe habits with the oversight of a respected, mindful advisor.
Your company’s road trainers should be some of the most deeply scrutinized, well-paid and highly engaged employees in your company.
When considering the length of your orientation versus your road training process, I tend to believe investment in road training pays more dividends because it gives a more realistic opportunity to retrain habits.
What’s next?
I’ll bet you wouldn’t have guessed we’d be three parts into a series about a “comprehensive safety plan” before addressing your company’s safety program as it relates to candidates. But each step in the recruiting, hiring and training process is vital to overall safety.
Recruiting, orientation and road training are the gatekeepers of your organization’s value for safety. If your organization’s culture is built on people, these teams are pouring the foundation for your company growth.
You cannot build a strong safety culture on top of a weak safety foundation. Don’t take that statement lightly.
So, what’s next? It’s time to talk about the work your company’s safety team does to build your safety culture.
