Comprehensive Safety Analysis 2010
CSA 2010 Important Facts
Just the facts, Max.
#1 There is no "phase in" or "grace period"
#2 There are no "progressive" or gradual enforcement steps; a warning is a courtesy at best and is not required nor should it be expected
#3 CSA 2010 is "comprehensive" because it "scores" all "data" as, for example, 'warning tickets' or 'non-fault collisions' resulting in CSA drivers points
Notice of Violations (NOV) and Notice of Claim (NOC), resulting in civil penalties (monetary fines) may be assessed without any prior warning letters (WL). Other actions or "interventions" (as so called "follow-ons") may be taken by the DOT as well.
"...a carrier (company, owner-operator, etc.) will enter the process anywhere from Warning Letters to on-site comprehensive depending on the nature and severity of the problems."
#4 Do a monthly CSA 2010 "Data Preview" or Review (See below).
#5 Do a Pre-Employment Screening click here of new hires.
Prepare now and avoid a regulatory nightmare later
If not having done so already, you will need to develop minimum qualifications (preferably in writing) that you will accept before allowing a driver continued employment. The qualifications, which should be developed in consultation with the appropriate department management, should relate to the driver’s training and recent experience.
"Pilot studies in the eight CSA 2010 states have resulted in:
- 3 times the number of DOT Audits
- 3 times the fines
- Over 1/3 of companies found "UNFIT"
- Loss of driving personnel"
Don Osterberg,
VP Schneider, March 17, 2010
CSA 2010's impact on the driver force
To prepare to deal with the upcoming DOT "interventions," audits and other DOT enforcement actions, the Safety Audit Guide click here will walk you through the DOT required Safety Management System (SMS) compliance process. Waiting for upcoming changes before making any changes is to only cheat yourself.
Drivers:
Avoid roadside inspections - 35.4% of Roadside inspections are triggered by speeding
There are 3 million annual truck inspections with a:
- 73% Violation rate
- 25% Out Of Service rate
There are 82 million weigh inspections with DOT staff in place resulting in 1/2 million citations.
*The most cited key OOS Violations:
| DRIVER | OOS | VEHICLE | OOS | |
| Logbook | 40.0% | Brakes | 41.2% | |
| HOS | 28.7% | Lighting | 16.6% | |
| CDL | 19.4% | Tires | 9.4% | |
| Load Securement | 15.7% |
* Source: J. Loftus, FMCSA, Office of Analysis, Research, and Technology, 2008
Please keep in mind that several regulations are so important that violating them causes an order to park your equipment (OOS order) until everything is fixed. In a nutshell, these regulations are concerned with:
- Alcohol and controlled substances testing and using impaired drivers (CDL drivers only click here)
- Commercial drivers’ licenses and drivers’ physical fitness to drive
- Proof of insurance
- Equipment repair and inspection
MoDOT, Winter 2010
All driver's need to do due diligence on their equipment and load securement click here and Hours of Service (HOS)/ Logbooks click here
These are your tools to stay ahead of the DOT enforcement curve.
Due Diligence
Do a CSA 2010 "Data Preview:" Check Your BASICs Scores
As of May 2010 FMCSA Administrator Anne S. Ferro noted that only some 7,000 DOT registered companies have looked at their BASICs scores out of one-half million active companies. - The Trucker 5/21/2010
An FMCSA-issued U.S. DOT Number Personal Identification Number (PIN) (NOT a Docket Number PIN) is needed to access this CSA 2010 Data Review website. If you do not know or have forgotten your PIN, you can request one via at SAFER click here . If you registered for a DOT number online, then the PIN given to you at that time should be correct. You may also call the DOT at 1-800-832-5660 for assistance. With your PIN Number and knowing your DOT Number, go to the CSA 2010 click here official CSA 2010 site and on this page find and click on "CSA 2010 Data Review".Some Highlights of the CSA 2010 Review Site
• If your MCS-150 Registration is stale (over 24 months old) and needs to be renewed a pop-up window may flag you. You need to know last years mileage and how many power units you operated or controlled for that year. Click on "UPDATE CARRIER REGISTRATION INFORMATION" - a color yellow icon to renew a stale registration (over 24 months old). Stale 'Carrier Registration Information' is highlighted in color red.
• Clicking on a BASIC like 'UNSAFE DRIVING' brings up that page, with a simple explanation of the BASIC "Operation of commercial motor vehicles by drivers in a dangerous or careless manner" and the revelant "parts in the Federal Motor Carrier Safety Regulations: FMCSR Parts 392 and 397.
• The color yellow INFORMATION CENTER tab is of interest as well.
• The Data Preview began on April 12, 2010 and ends on November 30, 2010, the national launch date for the CSA 2010 safety enforcement program.
• The DOT recommends each month you review your violation history, verify all data, and update carrier registration information as necessary.
• Log-out at the end of the session.
Other Considerations
Be aware of CSA 2010 charlatans. The other day we saw two "CSA2010" websites selling medical pot (use or possession by any regulated DOT drivers is illegal under both Federal law and DOT regulations). Several others shamelessly tout expertise based on "mail-order" PhDs.
CSA 2010 Acronyms
BASICs - "Behavioral Analysis and Safety Improvement Categories" are the seven measures of a company's safety performance (6 Basics + the Crash Indicator) over the last 24 months.
SMS - "Safety Measurement System" is a "point system," based on inspections, violations, crashes, etc. to score a company or its driver(s)
CSMS - "Carrier Safety Measurement System" are all safety "violations" from last 24 months (updated monthly) 7 million inspections and crashes (safety event data)
CSP - "Cooperative Safety Plan" is a voluntary commitment to put in writing, what systems will be put in place to correct compliance problems
NOV - "Notice of Violation" - are not new but have been "underutilized" for carriers and drivers; allege certain facts and violations, contain orders to resolve the alleged violations, contain an assessed penalty with supporting documentation regarding what factors were used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV (Hazmat example) click here.
NOC - "Notice of Claim," is a request to pay a civil penalty; a Notice of Claim (NOC) becomes a Final Agency Order if the respondent fails to reply to the NOC within the time prescribed by 49 CFR 386.14 click here. Individual drivers on a larger scale will face NOV or NOC fines – just like motor carriers.
SFD - "Safety Fitness Determination" is a safety evaluation falling in one of the following categories: Unfit, Marginal, or Continue Operation
OOS - "Out Of Service" is an order to cease operations immediately.
DATAQs - The DataQs system click here is to be used by both Companies and DRIVERS to challenge the data issued by FMCSA (example: a crash report or ticket shown incorrectly, or belonging to another carrier or driver). A driver registers as a General Public User, creates a User Profile and needs to follow the instructions on the site. Challenging data, however, may not result in the error being corrected, according to Rick Craig, OOIDA Director of Regulatory Affairs. Document simple (make and keep good records) every action taken to correct any DOT mistakes.
