Have you had a Non-Preventable DOT recordable Accident?

Don’t forget about the FMCSA crash preventability program!

Motor carriers and drivers can challenge the preventability of certain crashes through the Federal Motor Carrier Safety Administration’s (FMCSA) Crash Preventability Determination Program. Non-preventable DOT-recordable crashes can be removed from your CSA scoring if approved by the FMCSA.

How the program works: 

The FMCSA has identified several crash types as non-preventable. Commercial motor vehicle crashes meeting the criteria, occurring on or after August 1, 2019, are eligible for consideration under the relaunched program. 

Motor carriers and drivers must use the online DataQs system to argue that their crash was not preventable.

Click on this link to challenge the preventability of an accident: https://dataqs.fmcsa.dot.gov/

To find more information out about the program go to: Crash Preventability Determination Program (CPDP) | FMCSA (dot.gov)

If 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

How do you know if your crash is eligible for consideration? The FMCSA has provided a list of scenarios that are defined as non-preventable. 

A crash is eligible if 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).

Training Requirements of the Federal Motor Carrier Safety Administration

Many of you have received emails from consulting firms stating that your supervisors of CDL drivers must be trained in Drug and Alcohol Reasonable Suspicion Testing. These emails often use scare tactics to encourage you to purchase their training courses and webinars. While it is true that the Federal Motor Carrier Safety Administration (FMCSA) requires this training for your supervisors, the good news is that the FMCSA offers this training to you at NO COST!

So, lets look at what the regulations say about training of your supervisors of CDL drivers. 

By the way, this applies to all motor carries, 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 receive at least an additional 60 minutes of training on controlled substances 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 the 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. 

National Fire Prevention Week is approaching, making it an ideal time to review fire prevention strategies and appropriate responses to a fire that occurs in commercial motor vehicles with your drivers.

Fire extinguisher inspection is a vital part of a driver’s daily vehicle inspection process. It amazes me how often I find a truck's fire extinguisher has lost its pressure due to a leak, or it has been used and returned to the truck without being recharged. A driver’s actions during a fire are crucial for saving lives and minimizing loss.