• Although FMCSA sets specific rules for carriers operating CMVs, hiring standards and related decisions are left to the employer.
• Carriers are required to protect the general safety and health of all their employees, not just drivers.
• An effective drug and alcohol testing program can not only identify impaired workers, but it also can influence a carrier’s safety rating.

Hiring and training drivers

Commercial motor vehicle (CMV) drivers are responsible for their personal safety and the safety of others while operating a CMV as defined in 49 CFR 390.5. For the motor carrier, this includes more than just full-time drivers. It covers technicians, yard jockeys, casual drivers, supervisors, leased independent contractors, and anyone else who may operate a CMV for the carrier on a highway, which is any area open to public travel. “Highway” is also defined in 390.5.

The Federal Motor Carrier Safety Administration (FMCSA) requires that motor carriers follow specific rules for operating CMVs. But FMCSA only sets the minimum for regulated employees and leaves hiring standards and decisions to the employer. Any additional requirements for regulated and/or non-regulated positions would be a matter of company policy.

To aid in recruiting and retaining low-risk employees, motor carriers need to comply with 391 for all CMV drivers, as well as 382 and 383 when drivers with commercial driver’s licenses (CDLs) are operating vehicles as defined in 382 and 383.

To further reduce risk, carriers should utilize best practices in areas such as:

• Driver qualification (DQ) file auditing;
• Entry level driver training;
• Longer combination vehicles training;
• Recruiting and retention strategies;
• Company drug testing programs in addition to U.S. Department of Transportation (DOT) testing;
• Training programs (new hire and recurrent);
• Hiring policies and job descriptions;
• Succession planning; and
• Monitoring and tracking of safety data (e.g., roadside inspections for Compliance, Safety, and Accountability, or CSA).

Injury prevention and employee health

Motor carrier operations involve more than following the Federal Motor Carrier Safety Regulations (FMCSRs). Management needs to protect the general health and safety of all employees, not just drivers. Drivers are required to be medically qualified to drive and must stay medically qualified.

No specific regulations

Transportation and driver work most often take place outside of a conventional workplace, in or on a truck, bus, or other CMV. FMCSA does not have specific injury prevention regulations for people operating CMVs.

In situations where there aren’t specific standards for a hazard, employers are responsible for complying with the Occupational Safety and Health Act’s General Duty Clause, Section 5(a)(1). This clause indicates that each employer must furnish “a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.”

Protection from specific injuries

Transportation employees are exposed to many risks. One such risk is driver injuries from a crash. FMCSA has regulations specifically meant to reduce crashes and the chance of injury from a crash.

Other risks to transportation employees occur as a part of the work being done, such as the risk of musculoskeletal disorders (MSDs). The number and severity of MSDs resulting from poor posture or support while working or driving, physical overexertion, and their associated costs can be substantially reduced by applying ergonomic principles to the workplace and CMVs.

Drivers’ personal safety is at risk when they operate vehicles or work in areas that are not well-lit or in an unsafe location. Transportation security for cargo is often a concern of carriers, yet precautions also should be taken to protect the driver’s safety.

The Occupational Safety and Health Administration (OSHA) Personal Protective Equipment requirements generally apply to all employers who have employees exposed to any hazard that causes a need for protection. OSHA regulations cover protection of the employee’s hearing, eyesight, head, hands, and feet. Exposure to excessive heat or cold temperatures can also threaten driver health.

Fall protection is covered by OSHA, but falling off commercial vehicles is not well-covered and is an example of a General Duty Clause concern in many cases.

Cargo loading and securement rules are in place to minimize the risk of a crash or injury from poorly secured cargo. Shippers and receivers have a responsibility to operate safe docks and properly load and unload vehicles, but drivers should always be careful when opening trailer doors and when involved in loading and unloading.

The COVID-19 pandemic brought to light transportation employees’ exposure to infectious diseases. Protection from sickness transmitted in the work setting remains a national priority receiving ongoing support.

What if my employer won’t fix unsafe conditions?

Under OSHA’s whistleblower protection laws, transportation employees are protected should they need to report unsafe workplace conditions without fear of employer retribution.

Carriers should understand the OSHA areas below to improve employee health and reduce work-related injuries:

• DOT physical exam requirements
• General Duty Clause
• Transportation security
• Personal protective equipment
• Ergonomics
• Heat and cold exposure
• Cargo loading and securement
• Infectious diseases
• Whistleblower

Drug and alcohol testing

Drug and alcohol testing is a risk management tool to assist in identifying impaired employees.

For drivers operating CMVs requiring a CDL, the motor carrier investigates DOT testing history through former employers and the new CDL Drug and Alcohol Clearinghouse. While serving with a carrier, a driver may be tested occasionally in accordance with 382. A mismanaged DOT testing program can result in a poor safety rating, high CSA Behavior Analysis and Safety Improvement Category (BASIC) scores, and an increased chance of a crash involving an impaired driver.

For other motor carrier employees (e.g., non-CDL drivers, dispatchers, technicians, support staff, or yard workers), performing a non-DOT test under company policy (best practice) is complex since it involves employment laws at the state and federal level.

Carriers should fully understand the requirements for:

• Drug and alcohol testing