Have you had a Non-Preventable DOT recordable Accident?
Today, we are discussing an important topic that affects both motor carriers and CDL drivers: the Crash Preventability Determination Program offered by the Federal Motor Carrier Safety Administration (FMCSA) and the training requirements for supervisors of CDL drivers. Let's dive in!
In this issue:
- Are your supervisors of CDL drivers trained according to the FMCSA regulations?
- Where to get Training
- October 8-14 is Fire Prevention Week
- Registration Open for the 2024 Idealease/NPTC Safety Seminars!
Read, share, and/or print this week's Safety Bulletin.
Check out past Idealease Safety Bulletins.
The Federal Motor Carrier Safety Administration (FMCSA) offers a Crash Preventability Determination Program, allowing motor carriers and drivers to challenge the preventability of specific crashes. This program can remove non-preventable DOT-recordable crashes from CSA scoring if approved by the FMCSA.
The program, which relaunched on August 1, 2019, focuses on identifying certain crash types as non-preventable. Crashes meeting the criteria are eligible for consideration under this program.
To participate, motor carriers and drivers must utilize the online DataQs system to argue that their crash was not preventable.
To challenge the preventability of an accident, please use the following link: https://dataqs.fmcsa.dot.gov/.
For further details about the program, visit the Crash Preventability Determination Program (CPDP) page on the FMCSA website.
If the 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 likelihood that the carrier will be targeted for enforcement action.
- Add a note to the Pre-Employment Screening Program (PSP) to indicate that the crash was not preventable, decreasing the chances that the driver involved will be overlooked due to their crash history.
Qualifying crashes
To determine if your crash is eligible for consideration, the FMCSA has outlined specific non-preventable scenarios. A crash is eligible if it involves a commercial motor vehicle:
- Was struck from the rear.
- Was struck on the side near the rear.
- Was struck by a motorist driving in the wrong direction or was involved in a crash where another motorist was operating in the wrong direction (e.g., a car being driven the wrong way strikes another car that then hits a commercial vehicle).
- Was struck by a vehicle making a U-turn or an illegal turn.
- Was legally stopped at a traffic control device (e.g., stop sign, red light, or yield) or was parked, including when 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 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 to falling asleep or being distracted (e.g., by a cell phone, 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 the result of 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 fit another eligible crash type (e.g., being struck by an airplane or skydiver, or being struck by a deceased driver).
Are your supervisors of CDL drivers trained according to the FMCSA regulations?
Training Requirements of the Federal Motor Carrier Safety Administration
Many consulting firms have been sending emails regarding the need for supervisors of CDL drivers to undergo training in Drug and Alcohol Reasonable Suspicion Testing. These emails often employ fear tactics to promote their training courses and webinars. While it is a fact that the Federal Motor Carrier Safety Administration (FMCSA) mandates this training for supervisors, the good news is that the FMCSA provides this training at NO COST!
Let’s delve into what the regulations stipulate regarding the training of supervisors of CDL drivers.
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 at least 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 supervisor training available in video format that can be downloaded from their website for FREE!
Go to: https://www.fmcsa.dot.gov/us-department-transportation-dot-drug-alcohol-supervisor-training-guidance
Scroll to the bottom of the page and click on the last link: https://transit-safety.fta.dot.gov/DrugAndAlcohol/Tools/ReasonableSuspicion.aspx
It will take a while to download due to the length of the video and depending on the quality you choose. You can also check with your D&A Third Party Administrator to see if they provide the training.
October 8-14 is Fire Prevention Week
National Fire Prevention Week is coming up, so it’s a great time to remind all drivers about fire safety in commercial vehicles. Drivers need to check the fire extinguisher in their truck daily to ensure it’s ready to use. I’m always surprised by how often I see a fire extinguisher that isn’t working properly because it’s lost pressure or hasn’t been recharged after use. What drivers do during a fire can make a big difference in saving lives and reducing damage.
Registration is Open Online for the 2024 Idealease/NPTC Safety Seminars!
Idealease and the National Private Truck Council NPTC will again be hosting safety seminars in 2024. The one-day seminar this year will focus on data available from trucks today with regards to safety, basic safety and compliance, regulation changes and CSA. The seminars and will be provided to all Idealease customers, potential customers and NPTC members at no charge. The seminar provides important information applicable for both the novice an
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