August 2013 Washington State Transit Association
Reduce Crashes, Injuries, And Fatalities
Involving Large Trucks and Buses
Presented By:
Jeff James
Federal Motor Carrier Safety Administration
Agenda
1) Background: who is FMCSA?
2) Part 383 Overview
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Federally mandated offenses
Employer responsibilities
3) Part 382 Overview
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Federal Drug & Alcohol Testing Requirement
4) Medical examiners / National Registry
5) CSA / DATAQ
Background
Who is FMCSA?
• A Modal Administration in the USDOT
• Mission
What Does FMCSA do?
• Develop, publish, & enforce CMV safety rules
• Provides grants to states (WSP, DOT, DOL)
• Oversight
(industry & states)
• Industry: roadside inspections, audits, & penalties
• States:
compliance reviews & withhold grants
Who am I
• FMCSA structure
• HQ – Region – Division
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CFR Part 383
Commercial Drivers License
Part 383
Commercial Drivers License
• General CDL
• Classes (A, B, C)
• Endorsements (P, S)
[383.153]
• Restrictions (ensure drivers follow)
• FAQs
• Mechanics
• Backup drivers
• Empty bus
Part 383
383.51 – Federally mandated Disqualification
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Major: 1 year / Life
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Serious: 60 days / 120 days
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DUI / refusal
Leaving accident scene
Driving a CMV while revoked
Using a CMV negligently to cause a fatality or felony
Speeding (15+)
Reckless
Lane change / following closely
Driving without obtaining a CDL / not possessed / proper class
Texting
Other:
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Railroad grade crossing
Violating an OOS order
Part 383
383 Subpart C: Employer Responsibilities
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May not use a driver without a valid CDL or proper class
May not use a driver or vehicle subject to an OOS order
Ensure drivers notify employer of convictions
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under appeal is irrelevant
Ensure drivers notify employer of license suspension
Application Requirements
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10 years of employment history
Names / addresses / dates / reasons for leaving
Used for investigating work history
Learners Permit Rule
effective 7/8/14
• CLP only from state of domicile
 Training can be completed in another state
 21 years of age for interstate and 18 for intrastate
• General Knowledge written tests to get CLP
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Valid for 180 days. Another 180 days is possible.
Must hold for 14 days prior to taking skills test.
English only for skills tests (interpreters prohibited)
18 years is minimum age
CLP can only have an S, P, or N endorsement
• Legal presence
 Full CLP/CDL issued to only lawful permanent residents
 Social Security number verification prior to issuance
Learners Permit Rule
• 3rd party testers
 Testers recertify with training every 4 years.
 Testing own students/employees (under reconsideration)
 Bonding will be required for non-governmental entities.
• Overt and Covert monitoring of state and 3rd party
testers is required
• Background checks required for examiners
CFR Part 382
Controlled substances and
alcohol use and testing
Part 382
Types of Tests
• 382 Applicability / Test Separation
• Pre-Employment (382.301)
 Drug test only
 Negative result in hand prior to first using a driver.
Including drivers in training.
 Exception
» If: driver participated in a program within 30 days
» If: driver tested in past 6 months or in random for 12 months
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Employer must obtain
» Name/address of program
» Verification that the program is compliant
» Verification that the driver has not refused or tested positive
» Date and results of past tests
Part 382
Types of Tests
• Post Crash (382.303)
 Drugs & alcohol
 Only required if:
» Crash involved a fatality
» Disabling damage requiring tow or medical treatment
AND
» moving violation ticket
 Alcohol test within 2 hours (no later than 8)
» Many carriers forget the alcohol test
 Drug test within 32 hours
Part 382
Types of Tests
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Random (382.305)
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Drugs & alcohol
Rates: 50% & 10% (tested vs. selected)
» Calendar year
» Driver positions *
» Non-DOT regulated employees
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Consortium issue
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1 driver operations
Carrier ultimately responsible for random program
Scientifically valid method to select drivers
» Equal chance
» Names out of a hat is not scientifically valid
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Reasonably spread throughout the year
Notification of selection & the selection period
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No warning & immediate collection
Part 382
Types of Tests
• Reasonable Suspicion (382.307)
 Trained Supervisor must document specific
observations based on;
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appearance,
behavior,
speech,
body odors
 Driver must be tested immediately
» cannot be used (drive) until negative results are
received.
Part 382
Types of Tests
• Return to Duty (382.309)
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Follow-up (382.311)
Part 382
Positive / Refusal
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To keep the driver;
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Removal from duty regardless of geography
Interviewed by a SAP
Cleared by the SAP
Return-to-duty test
Have the negative result
Return to work
6 Follow-Up
any other required tests
To let the driver go
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Immediately remove from duty
Give the driver specific materials on where he can obtain an SAP
evaluation.
Part 382
Other Topics
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Controlled substance use (382.213)
• Reasonable Suspicion Training (382.603)
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Everyone designated to supervise drivers
120 minutes (60 drugs / 60 alcohol)
Proof of training
• Drug and Alcohol Testing Policy (382.601)
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11 required items
proof that the policies given to drivers
Background Checks (40.25)
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Within 30 days a carrier must ask & receive:
» Any positive or refused tests (drugs or alcohol)
Must go back two years
Only DOT regulated past employers
Part 382
Other Topics
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DOT vs. Non-DOT tests
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Alcohol Testing: Breath vs. Blood
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Non- DOT tests are not recognized
Different standards
Blood is not authorized unless directed by the police for a post-crash test
» Deemed too invasive
Record Retention (382.401)
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5 years: positive tests, refusals, & SAP docs.
2 years: drug & alcohol collection docs (C&C forms)
1 year: negative result forms
: education & training documents
Medical Card & The National
Registry
Medical Card
• Why medical card changes?
Safety vulnerabilities
 Medical cards can expire but license is still good.
 Medical examiners not following the criteria and/or not knowledgable
of the FMCSRs
 FMCSA has no oversight over medical examiners
 Wide spectrum of examiners (brain surgeon, chiropractor, or a
holistic healer)
Medical Card
• Step 1 (now):
 Medical card is merging into a part of a driver’s license record.
 must provide medical card to DOL (new and renewals)
• Step 2 (May of 2014):
 New DOT physical exams must be performed by someone on the
NRCME
 License will not be valid without Medical on record
 Over 4 million CMV drivers
 Aprox. 3 million physical exams conducted each year
 Estimate we need 20,000 – 40,000 examiners to meet the need
• Step 3 (future)
 Medical examiners must send exam report to DOL
CSA / DATAQ
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Compliance Safety Accountability (CSA)
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Data to prioritize work
Conduct investigation
Safety rating
• DATAQ
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Forum to challenge data
Pre-employment Screening Program (PSP)
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http://www.psp.fmcsa.dot.gov
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Q&A
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Question & Answer Session
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End
• Jeff James:
FMCSA Division Administrator (WA)
360-753-8076
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