SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
SAFETY & COMPLIANCE NEWS
Keep up to date on the latest developments affecting OSHA, DOT, EPA, and DOL regulatory compliance.
An annually anticipated report reveals that the trucking industry’s top concern is, once again, the economy.
Earlier this month, the American Transportation Research Institute (ATRI) released its twentieth Top Industry Issues report. This yearly report identifies the trucking industry’s top concerns, offering insights on how to address those concerns moving forward.
According to the report, the greatest industry concerns across all participants include:
The largest climb in ranking from last year's report was insurance cost and availability, which rose eight spots to the number four position. Battery-electric vehicle concerns also rose up four spots from last year because of the upcoming push to transition to electric fleets nationwide.
The top three concerns for drivers:
The top three concerns for motor carriers:
Over 3,700 trucking industry stakeholders participated in this year’s survey, including:
Find the full report at https://truckingresearch.org/2024/10/critical-issue-in-the-trucking-industry-2024/.
If your carrier is targeted for a DOT audit, expect a visit from an investigator, rather than a records request for an offsite review.
In 2020, during the height of the COVID-19 pandemic, the number of offsite investigations increased 319 percent from 2019. In a reverse shift, there has been a 61 percent decline in offsite audits through 2023.
The Federal Motor Carrier Safety Administration (FMCSA) Analysis & Information Online (A & I) tracks enforcement activities, including Compliance, Safety, Accountability (CSA) investigations. From 2021 through most of 2024, “onsite focused” was FMCSA’s most used CSA investigation type.
Year | Onsite comprehensive | Onsite focused | Offsite |
2020 | 17% | 32% | 51% |
2021 | 19% | 41% | 40% |
2022 | 29% | 44% | 27% |
2023 | 34% | 48% | 18% |
2024 (through 9/27/24) | 37% | 48% | 15% |
FMCSA’s CSA investigation types vary based on location and depth of the audit:
In most cases, the likelihood of an investigation is based the motor carrier’s safety data. Roadside inspection data and crash history are fed through algorithms to arrive at measures within Behavior Analysis and Safety Improvement Categories (BASICs). All but one BASIC place roadside violations into common groupings for scoring. The Crash Indicator BASIC uses the details of a crash to determine the likelihood of being another crash.
Each BASIC measure is compared against a motor carrier’s peers, and the motor carrier is assigned a percentile ranking. If the carrier exceeds a predetermined threshold, the carrier is subject to an intervention. Interventions range from warning letters to targeted roadside inspections to investigations.
Carriers are targeted for investigations when their CSA data identifies them as a high-risk carrier. How high of a risk determines the degree of investigation.
Note that compliance reviews (onsite comprehensive investigations) may occur following a serious commercial motor vehicle crash or a complaint lodged with the FMCSA about the motor carrier.
Key to remember: If selected for an investigation, odds are once again in favor of a face-to-face visit from FMCSA enforcement personnel.
It’s a scary thought but it’s happening more and more: truck drivers falsifying their logs and falling asleep at the wheel.
Electronic logging devices (ELDs) were supposed to prevent log falsification, but drivers and motor carriers are finding their way around safeguards meant to prevent fraud — and it’s leading to serious crashes.
A recent report from the National Transportation Safety Board (NTSB) highlights the issue and calls on the Federal Motor Carrier Safety Administration (FMCSA) to act.
The NTSB concluded that a truck driver involved in a fatal collision in Williamsburg, Virginia, not only falsified his electronic logs but got help doing it from his employer.
The motor carrier created fictitious driver accounts in its ELD system that allowed drivers to exceed the hours-of-service limits and drive while fatigued. Three people died and multiple more were injured in the Virginia crash between the semi-truck and a bus.
As a result, the NTSB is calling on the FMCSA to strengthen its ELD regulations to prevent the creation of fake driver accounts, and is also asking the enforcement community to be on the lookout for falsified ELD records. The FMCSA is expected to propose ELD rule changes sometime next year.
The FMCSA has been removing more and more non-compliant ELDs from the marketplace, but even compliant ELDs can be falsified, despite their safeguards.
In this case, the driver’s logs indicated that there was a co-driver who had put in a full 11 hours of driving the day before the crash, while the driver (the one involved in the crash) was allegedly resting in the sleeper berth for 24 hours. The driver even told investigators he had dropped off the co-driver at a truck stop just before the crash.
It was all a lie. The driver had been doing all the driving and had few opportunities for sleep in the hours and days before the crash.
It wasn’t an isolated incident. Investigators found that the company had in fact instructed all its drivers — with help from managers — to log out of their ELDs when they reached an hours-of-service limit, and then log in as a different “ghost” driver who did not exist. The drivers would get a fresh allotment of hours and all their driving hours from that point on would be attributed to the ghost driver, with no violations appearing on the logs.
Besides the obvious risk of causing a fatality and the litigation, nuclear verdicts, and even criminal penalties that can result, the FMCSA’s fines for ELD falsification can be steep. Creating a single false log carries a maximum penalty of over $15,000. A violation of the hours-of-service limits can cost a motor carrier nearly $19,000 per occurrence, and a driver nearly $5,000.
Keep in mind that “ghost” driver accounts are not allowed for any reason, even if they’re not used to hide violations. For example, motor carriers may be tempted to create ELD accounts used by multiple mechanics or yard jockeys, as a way to avoid having to deal with unassigned miles. These types of accounts are not allowed.
Each ELD account must be tied to an individual driver, with their unique name and driver’s license number. That account may be used only by that individual and no one else.
Key to remember: A deadly crash serves as a reminder that ELD accounts used by more than one driver are not allowed. The FMCSA is cracking down, and motor carriers who violate the rules face stiff penalties.
A bulldozer entrapment incident at a coal mine prompted the Mine Safety and Health Administration (MSHA) to issue a safety alert to prevent similar incidents.
The operator’s bulldozer fell into a feeder after a bridge coal pile collapsed, engulfing the equipment and trapping him inside the cab. Swift, organized emergency response efforts led to a successful rescue. The bulldozer also was equipped with high-strength glass, oxygen bottles, and a remote shut-off for the feeder, contributing to the operator’s safe rescue.
To prevent similar incidents, MSHA offers the following best practices:
The full alert can be found at msha.gov.
A dash cam is a business investment in safety and efficiency, and it offers legal protection.
With the right dash cameras, you can monitor drivers, gather evidence in case of accidents, and reduce potential liabilities. Here’s a guide to the top five features to prioritize when purchasing dash cams for your trucking fleet.
Clear video footage is essential for capturing crucial details, especially when it comes to incident reporting and evidence gathering. Look for dash cameras with at least 1080p HD resolution. Higher resolutions provide superior clarity, making it easier to see details like license plates, road signs, and surrounding vehicles. Since trucks often operate around the clock, night vision capabilities are equally important. A dash cam equipped with infrared sensors or low-light technology will:
The field of view determines how much of the road and surrounding area the camera captures. In the trucking industry, a wide-angle lens is crucial, as it provides better coverage and records more of the road environment. A FOV of 120 to 170 degrees is ideal for capturing multiple lanes and potential hazards. This wide view is beneficial in helping you see vehicles approaching from the side, which is important in incident prevention and claim disputes, where a broader perspective can provide clearer context.
Using a managed review service for dash cameras is essential for efficient, accurate data analysis and accountability. These services provide expert reviewers who monitor footage, ensuring critical incidents are quickly identified and flagged. Using a service:
Additionally, managed services help companies maintain compliance, reduce liability, and improve driver behavior by delivering unbiased feedback, contributing to overall fleet safety and operational efficiency.
Driver-facing cameras are increasingly popular in fleet management as they monitor driver behavior and help ensure compliance with safety regulations. A dual-facing camera system captures both the road and the driver’s actions, helping managers track factors such as drowsiness, seatbelt use, or distracted driving. This feature can contribute to improving driver accountability, and it’s beneficial for coaching purposes. Driver-facing cameras also provide protection for drivers in the event of an accident, documenting that the driver was attentive and abiding by safety rules.
Dash cameras with cloud connectivity allow for real-time access to footage, making it easier for fleet managers to review incidents quickly. Cloud-enabled dash cams store video files on a secure server, so you don’t have to worry about losing footage in case the camera is damaged. This feature also supports immediate data transfer, which can be crucial in urgent situations where rapid access to footage is required. Cameras with 4G or Wi-Fi connectivity further enhance this feature, allowing managers to access video data remotely without having to wait for trucks to return to base.
Key to remember: A dash camera system that combines these top features can help you run a safer, more efficient operation while protecting your business from potential risks and liabilities.
After suffering a stroke, Kristina requested leave under the federal Family and Medical Leave Act (FMLA). Her employer approved the leave, and after 12 weeks, she returned to work on a part-time basis.
When Kristina returned to work, however, her employer changed her job description and soon fired her.
Kristina sued.
Kristina argued that during her 12 weeks of FMLA leave her work didn’t end. In addition to delegating her job duties to others, she continued to perform some duties.
She was allegedly contacted at all hours of the day for urgent, work-related matters during her leave. Several of the coworker calls lasted hours. Kristina also said she performed other job duties, even though the employer told her she didn’t need to work.
Kristina also argued that the employer changed her job description and fired her because she took FMLA leave. She claimed that her doctor’s work release was based on an agreement she had made with the employer to return to part-time work.
The employer claimed that whatever work Kristina did while on leave she did voluntarily; it didn’t require her to work while on leave. The employer said she performed only de minimis tasks such as sending information or documents that the employer reasonably needed in order to continue a project that was already in the works when Kristina had her stroke.
As far as not returning Kristina to her old job, the employer stated that Kristina was never medically cleared to resume full-time work. Her doctor limited her to a gradual return of only 10-15 hours per week due to ongoing health issues.
The court didn’t buy the employer’s argument. It found that because the nature and extent of the contacts with Kristina during her FMLA leave were highly disputed, the court could not throw out the case.
The court also held that the employer presented no evidence to support its argument why it didn’t return Kristina to her original job. Besides Kristina’s work release and disability status, the employer couldn’t prove that she wasn’t able to perform the essential functions of her job if it had asked her to return immediately to full-time status.
As a result, the case will proceed to trial unless otherwise settled.
Kelley, vs. Jewish Voice Ministries International, CV-23-00353, District of Arizona, October 4, 2024.
Key to remember: Employees shouldn’t work during FMLA leave, and how the FMLA defines de minimis work is subject to interpretation. Changing an employee’s job at the end of leave is never without risk.
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