Big Safety Changes in 2010: A Primer — part 3 of 4

In the previous parts of this series, we focused on an overview of CSA 2010 and how it will affect drivers. Part 3 will cover the changes CSA is bringing to carriers and how they’ll be affected in June of this year when CSA 2010 goes into effect.

In the previous parts of this series, we focused on an overview of CSA 2010 and how it will affect drivers. Part 3 will cover the changes CSA is bringing to carriers and how they’ll be affected in June of this year when CSA 2010 goes into effect. Similarly to how drivers will be directly affected by the new rules, so too will carriers. Many of the evaluations, tests, and assessments will be made on drivers, but these assessments and their repercussions will “trickle down” to carriers, so to speak, as the driver, be they an independent owner/operator or employee, is a direct representation of the carrier. While carriers have been evaluated for years under the SafeStat system and they’re likely familiar in general with the fact of being evaluated according to safety standards, CSA 2010 is different because it takes a look at the overreaching organization of a carrier from top to bottom when there are safety issues and addresses them accordingly; the old compliance reviews were a much more generalized approach and may not have addressed specific deficiencies that a carrier might have had at that particular point in time.

Similarly to driver evaluations, carriers will be expected to maintain a safety record, against which they’ll be judged to ensure that they’re operating at an overall safe level. Also similarly to driver evaluations, the primary tools in ensuring safety are the Behavioral Analysis and Safety Improvement Categories (BASICS). The standards by which they’ll be assessing any violations for carriers will be the same as with drivers (this was discussed at length in part 2 of the series), for the sake of consistency. The difference between drivers and carriers, however, will be functionally different in terms of assessment, since carriers necessarily are typically in charge of a number of drivers.

While the differences between SafeStat and CSA are many, much of the change you’ll see is with respect to how FMCSA administers the new program and how comprehensive the interventions can be. Their range is dependent upon a couple things. First, how severe is the deficiency with respect to the violation? Second, is the matter ongoing? Looking at the list of interventions that FMCSA has planned to use, it’s entirely possible to see the list as a pretty good ruler for just how severe they consider a violation to be.

• Warning letter
• Targeted roadside inspection
• Off-site investigation
• On-site investigation-focused
• Cooperative safety plan
• Notice of violation
• On-site investigation-comprehensive
• Notice of claim/settlement agreement
• Unfit– suspension

One thing that this list doesn’t really discuss at any length is the possibility of fines. Fines are a possibility, specifically in the “Claim/Settlement agreement” stage
of FMCSA interventions, though it’s not entirely clear to me whether they can be integrated in any other stage of the process. As a result, it’s likely best to keep on hand a complete copy of the CSA 2010 manual so that you can better understand the rules in their whole form should you have to go through the intervention process with FMCSA. You can find a copy of the CSA 2010 here: http://www.csa2010.com/SMSMethodologyVersion1_2Final_2009_06_18.pdf.

On a more hands-on level, there are some significant functional differences between the CSA intervention model and the SafeStat compliance review model. http://www.csa2010.com explains these differences in a fairly easy-to-understand set of bulletpoints:
Compliance Reviews are generally deployed at a carrier’s place of business as a one-size-fits-all tool to address what may not be a comprehensive safety problem, while interventions under CSA 2010 may not be at a carrier’s place of business and can be focused on a specific deficiency. The outcome of a Compliance Review can be the citing of acute and critical violations, while the outcome of a CSA 2010 intervention determines the root cause of the safety problem and provides guidance on corrective actions. A Compliance Review determines a carrier’s safety rating, while CSA 2010 interventions will ultimately combine violations with on-road safety performance for safety fitness determination. The focus of a Compliance Review is compliance while interventions are focused on compliance, improving behaviors that are linked to crashes, and identifying causal factors. Compliance Reviews are time- consuming and result in reaching fewer carriers, while interventions efficiently address safety problems and help reach more carriers earlier in the process. (source: www.csa2010.com/articles/FAQs_CSA_2010.htm )

So, how do you maintain a good safety record and avoid FMCSA interventions? As simple as it sounds, there are three essential things to do to ensure that you’re keeping above board and doing well in terms of the rules imposed by CSA 2010.

Be Aware. It’s important to make sure that you’re aware of what the rules are so that you can communicate them to your drivers in a way they’ll understand and be able to comply with on a basic level. I’ve found http://www.csa2010.com to be a great resource for understanding the ground floor of the new rules and how they’re different from the old system. On another level, the “Be Aware” mantra refers to ensuring that you’re hands-on with the safety of your company and involved with making sure that you’re doing everything you can to simply be safe.

Training & Education. In the coming months, there will be no shortage of learning opportunities for both drivers and carriers regarding how to meet the rules outlined by CSA 2010. Offer them as opportunities for your drivers, and go to as many as you can. It’ll likely have the effect of a safer environment, and participating wherever you can shows that you’re involved.

Tracking. This hearkens back to “Be Aware.” If you’re tracking the safety details and keeping record of them, then you’re in a pretty good place if and when you do have to deal with FMCSA interventions. This essentially means that you want to be on the same page as the authority on the matter to ensure that if there is an issue, it won’t get escalated to a point where you might be fined, or worse.

That about wraps it up for the carrier section of the CSA 2010 primer. In part 4, we’ll take a look at carrier and driver reactions to the new rules. Until then, have fun!

More information available at csa2010.fmcsa.dot.gov