October 24, 2022
The Federal Motor Carrier Safety Administration (FMCSA) is removing the drug and alcohol history questions from the safety performance history inquiries effective January 6, 2023. The only means of learning of violations occurring under FMCSA testing (Part 382) is a query of the Drug & Alcohol Clearinghouse (DACH).
Keep ReadingOctober 12, 2022
If a driver is terminated and removed from the driver roster after a seasonal layoff, the driver must be treated as a rehire if they return. An entire DQ file is needed.
Keep ReadingSeptember 16, 2022
The basic premise of risk reduction is that you need to be able to use the data to see trends. This process tells you what is predictable when it comes to future risks. Once you know what is predictable, you can then take steps to avoid the risk.
Keep ReadingJuly 6, 2022
Total drug and alcohol violations in 2021 climbed to 59,252, a 10 percent increase over 2020. So far, the trend seems to be continuing in 2022, with a year-over-year increase of 16 percent in January. The cause of the increase is unknown. Perhaps the stress of the pandemic has led more drivers to self-medicate, or the driver shortage has resulted in carriers hiring questionable employees. No matter the cause, you need to know how to handle the situation if one of your drivers tests positive for a controlled substance.
Keep ReadingJune 12, 2022
Carriers must transition from reacting to motor vehicle record (MVR) violations and crashes to proactive behavior correction to reduce the potential for damaging litigation. Carriers can benefit from a system that monitors and prioritizes the riskiest compliance and behavior data.
After identifying the coachable events, the key is getting drivers to take accountability for positive change. Five stages of an effective coaching session are:
Keep ReadingMay 9, 2022
Drivers who operate company vehicles that are not subject to federal or state safety regulations may fly under the radar since there is no requirement to track the employee’s safety record.
Most insurance companies require a motor vehicle record (MVR) to determine whether a driver will be covered under the employer’s policy. But is this enough to counter claims of negligence in the event of a serious accident involving these drivers?
Keep ReadingApril 4, 2022
Driver qualification violations can arise during roadside inspections and FMCSA audits. Offenses that involve unqualified commercial motor vehicle (CMV) drivers increase potential liability. Safety management controls are needed to keep unqualified drivers from operating CMVs and avoid:
Keep ReadingMarch 8, 2022
1. Who is an owner-operator?
Owner-operators are employers that employ themselves as CDL drivers, typically a single-driver operation. Owner-operators who are leased to another motor carrier are placed in the motor carrier’s DOT testing program.
Keep ReadingFebruary 22, 2022
It’s easy to get lost in the weeds of drug and alcohol program testing requirements. If you don’t have a thorough understanding of when and whom to test, you risk putting drivers on the road who could be a danger to themselves and others. The requirements for drug and alcohol testing are set forth in Parts 40 and 382 of the Code of Federal Regulations.
Keep ReadingJanuary 24, 2022
When it comes to data, some in the industry claim you are better off not knowing what your carrier’s numbers look like. The argument goes something like this, “How can we be held responsible for something we didn’t know about?” Advocates of this approach argue that it’s better to pretend they didn’t know the data was there than to take the time to gather the data and try to use it properly.
Keep ReadingDecember 13, 2021
A warning letter from the Federal Motor Carrier Safety Administration (FMCSA) is sent to motor carriers who have identifiable, but not yet severe, safety issues.
Keep ReadingNovember 17, 2021
I was recently contacted by a carrier with two drivers of CMVs requiring CDLs wanting to know if they had to be part of a consortium for their DOT random drug and alcohol pool. The short answer is no. The Federal Motor Carrier Safety Regulations (FMCSRs) only specify that there must be two or more covered employees in a random testing pool.
Keep ReadingNovember 11, 2021
Each year, driver qualification violations appear in the list of top acute and critical violations discovered during motor carrier audits.
Keep ReadingOctober 18, 2021
The end of any calendar year is a time to closely monitor your DOT drug and alcohol testing program. Examine the following six points on program management as 2021 draws to a close.
Keep ReadingAugust 19, 2021
Understanding what MVRs are and why checking them often will reduce your risk. Because past behavior is a good predictor of a driver’s future actions, your drivers’ motor vehicle records (MVRs) are a vital piece of your safety management program. By identifying risky behaviors now, you can help prevent crashes tomorrow.
Keep ReadingAugust 17, 2021
Independent owner-operators who operate under their own authority are required to keep a variety of records for DOT compliance. But when those same owner-operators sign on to work for another motor carrier — even temporarily — the picture changes.
Keep ReadingJuly 15, 2021
Owner-operators often need to wear many hats, including driver, mechanic, dispatcher, and safety director. When it comes to DOT compliance, “record keeper” is another vital role.
Keep ReadingMay 14, 2021
Many people think a driver's qualification (DQ) file goes hand-in-hand with a commercial driver's license (CDL). This misconception has created confusion (and compliance issues) for many carriers. For interstate drivers, the need for a DQ file is based on the size and type of vehicle, not the type of license a driver holds.
Keep ReadingMarch 16, 2021
A return-to-duty test is conducted as a part of the Return-to-Duty process of Subpart O of Part 40. When a driver has a DOT drug and alcohol violation, he or she must complete specific steps in order to resume safety-sensitive functions.
Keep ReadingFebruary 16, 2021
Even if a motor carrier faithfully requests the required annual motor vehicle record (MVR) on its driver, a driver's more recent history can go undetected up to 12 months. Of course, commercial drivers are supposed to notify employers of loss of driving privileges and certain violations between MVRs. If a driver doesn't let the carrier know, is the carrier still held responsible? Unfortunately, yes. And the implications can go beyond compliance.
Keep ReadingJanuary 13, 2021
Onboarding a new driver requires putting a system in place to ensure everything is complete — and completed on time. Putting an unqualified driver, even inadvertently, behind the wheel of your commercial motor vehicle (CMV) opens your carrier up to fines in the event of an audit and nuclear verdicts if the driver is involved in a high-profile crash.
Keep ReadingDecember 14, 2020
The one-year anniversary of the CDL Drug and Alcohol Clearinghouse should be a reminder that annual queries are coming due. A motor carrier must request its first annual queries no later than January 5, 2021, for those drivers who were in a Part 382 program on January 6, 2020. Anyone hired after would need an annual query within a year of the pre-employment query; similar to how the annual motor vehicle record is requested under driver qualification.
Keep ReadingOctober 9, 2020
The end of any calendar year is a time to closely monitor your DOT drug and alcohol testing program. Two crucial deadlines are fast approaching as 2020 draws to a close.
Keep ReadingDecember 1, 2020
It's been almost a year since the Federal Motor Carrier Safety Administration (FMCSA) launched the Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse. This one-year anniversary should be a reminder to many that annual queries are coming due.
Keep ReadingEffective September 29, 2020
Changes to the hours-of-service (HOS) regulations are set to go into effect September 29, 2020. With many drivers already struggling to understand or comply with the HOS regulations, these upcoming changes pose yet another challenge.
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