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STRATEGIC SAFETY SOLUTIONS EEI, Spring Occupational Safety & Health Committee Conference Tuesday, April 27, 2010 New Orleans, LA Presented by: Steve Campbell Les Sokolowski FMCSA UPDATE ----CSA 2010 Strategic Safety Solutions, LLC 1

Comprehensive Safety Analysis (CSA) 2010 for CMV Drivers April 2010

Presentation Agenda Background CSA 2010: The New Approach Today s Status and Next Steps What CSA 2010 Means for Drivers Frequently Asked Questions What CSA 2010 Means to You General FMCSA Overview & Update 3

CSA 2010 Background 4

FMCSA s Current Enforcement Program SafeStat measurement system used today to determine the safety performance of motor carriers Compliance Review Process onsite review of a motor carrier s operations Safety Ratings result of the Compliance Review, Satisfactory, Conditional, or Unsatisfactory 5

Limitations of Current Model Approximately 5,000 people killed per year More carriers than Federal/State Investigators FMCSA regulates ~725,000 interstate and foreign-based truck and bus companies Compliance Review (CR) is effective, but it is labor intensive Only able to reach < 2% (~12,000) of total carrier population annually 6

CSA 2010 The New Approach 7

Comprehensive Safety Analysis 2010 What is CSA 2010? Improves the efficiency and effectiveness of FMCSA Reduces commercial motor vehicle (CMV) crashes, fatalities, and injuries. 8

Why Change? 9

Where does it all start 10

The New Model CSA 2010 introduces three new components to FMCSA s enforcement and compliance model: New Safety Measurement System (SMS) to replace SafeStat New intervention process to augment compliance reviews New approach to the Safety Fitness Determination (SFD) 11

A New Operational Model (Op-Model) 12

New Measurement System Assesses safety of carriers and CMV drivers based on unsafe behaviors that lead to crashes Calculates safety performance based on 7 Behavior Analysis and Safety Improvement Categories (BASICs) Weights time and severity of violations based on relation to crash risk Uses crash records and all safety-based violations found at roadside Measures carrier safety performance Includes a new tool for use by Safety Investigators to assess driver safety performance In the future, measurement results will support future Safety Fitness Determinations Now in rulemaking; success of CSA 2010 not dependent on rule 13

SMS BASICs 14

New Measurement System Driver Information All violations count toward a carrier s score If received while driving for that carrier Only violations within the control of the driver (as deemed by the Agency) count toward a driver s assessment For example: speeding, hours-of-service violations, etc. Carriers cannot see historic driver assessments Carriers can only see the violations received while the driver was employed by the driver s current company 15

New Measurement System Driver Information (cont d) Individual driver assessments are used by investigators during carrier investigations only To identify drivers with safety problems To prioritize driver sample during carrier investigation To issue Notice of Violations/Notice of Claims to individual drivers based on this driver investigation as appropriate SMS BASICs will replace SafeStat Safety Evaluation Areas (SEAs) data sent to Roadside Inspectors Assist in determining level of inspection North American Standard (NAS) Inspection procedure does not change 16

New Interventions Process The New Interventions Process addresses the WHAT Discovering violations and defining the problem WHY Identifying the cause or where the processes broke down HOW Determining how to fix it/prevent it through use of Safety Management Cycle and Safety Improvement Resources 17

Safety Fitness Determination (SFD) SFD would: Incorporate on-road safety performance via new SMS which is updated on a monthly basis Continue to include major safety violations found as part of CSA 2010 investigations Produce a carrier Safety Fitness Determination (SFD) of Unfit or Marginal or Continue Operation Draft rulemaking is currently in review within DOT; NPRM expected to be published in late 2010. 18

Current Rating Process in CSA 2010 CSA 2010 incorporates the existing safety rating process and will continue to do so until SFD would go into effect: Drivers will not be rated Drivers will not face any more suspension risk in the future than exists today 19

CSA 2010 Today s Status and Next Steps 20

CSA 2010 Operational Model Test Operational Model Test in 9 states: Began February 2008 Completion June 2010 Designed to test validity, efficiency and effectiveness of new model 21

Preliminary Test Results So far, CSA 2010 is: Reaching its goal of contacting more carriers Research shows more contacts equals improved safety performance Resulting in strong enforcement; similar to current model Employing the full array of investigations Investigations in test states have been done in the following proportions Onsite Investigations Comprehensive (~25%) Onsite Investigations Focused (~45%) Offsite Investigations (~30%) 22

Preliminary Test Results So far, CSA 2010 is: Following up with carriers: 50% of investigations result in one of following: Notice of Claim or Violation Cooperative Safety Plan Driver-Specific follow-on activities Notice of Violation Notice of Claim 23

More Preliminary Results Warning letters are having a positive impact: Almost 5,000 sent Almost 50% of recipients logged in to view their data and safety assessments Feedback from test states indicate that some carriers appreciate the early alert 24

Roll-Out Schedule Guiding Principles Integrate lessons-learned from 9-state test and feedback from national stakeholder outreach Create a phased approach to methodically step stakeholders into new measurement system (SMS): Drive industry to information on how they will be measured; urge immediate safety improvements Build a foundation for enforcement staff to understand and effectively utilize SMS by internalizing concepts of behaviors and BASICs Maximize resources Respond to industry information needs Use new measurement system to identify and prioritize carriers with safety problems Train field staff in new intervention process 25

CSA 2010 Roll-out Schedule Spring through Fall 2010: National Data Review Carrier review of violations by BASIC and crash data (April) Carrier preview of SMS results and safety assessment in BASICs (Summer) Fall through Winter 2010: SMS Replaces SafeStat FMCSA/States prioritize enforcement with SMS SMS results are available to industry/public Warning Letters are issued to carriers with deficient BASICs Roadside inspectors use SMS results to identify carriers for inspection Apply key concepts from the operational model Safety Fitness Determination Rulemaking (NPRM-Winter 2010) 2011: Interventions Implemented State-by-State Systematic introduction of new interventions National training program to support new interventions process 26

What CSA 2010 Means to Drivers 27

How Does This Impact Drivers? CSA 2010 puts more emphasis on drivers than the previous enforcement model: ALL violations found during Roadside Inspections count toward carrier and driver safety measurement according to vehicle or driver violation type. BASIC information/scores will be sent to roadside inspectors as a tool in the decision of whether to inspect and what level to inspect a specific CMV Roadside Inspectors will see carrier information/scores Roadside Inspectors will not see driver measurement information 28

How Does This Impact Drivers? (cont d) Safety Investigators will be able to see the safety performance history of drivers when they are conducting a carrier investigation This information is not available to carriers Assessment includes the entire history of the driver Assessment is a tool for investigators to use in sampling and to issue NOCs/NOVs to drivers based on performance Drivers will not be rated (i.e. unfit) under CSA 2010 29

Pre-employment Screening Program (PSP) PSP was mandated by Congress under SAFETEA-LU PSP is not a part of CSA 2010 Driver Profiles from FMCSA s Driver Information Resource (DIR) will be available to carriers through PSP Driver Profiles will only be released with driver authorization Drivers will be able to obtain their own driver information record PSP is under development, more information can be found at www.psp.fmcsa.dot.gov 30

What Can Drivers Do Now to Prepare? Know and follow safety rules and regulations CMV web-based driving tips can be found at http://www.fmcsa.dot.gov/about/outreach/education/drivertips/index.htm 31

What Can Drivers Do Now to Prepare? Become knowledgeable about the new BASICs and how FMCSA will assess safety under CSA 2010 Review the SMS Methodology at http://csa2010.fmcsa.dot.gov/outreach.aspx Advocate for safety among all professional drivers 32

What Can Drivers Do Now to Prepare? Spread the word about CSA 2010 and encourage fellow drivers to: Check the CSA 2010 website for more information and updates at http://csa2010.fmcsa.dot.gov Maintain copies of inspection reports Become knowledgeable about employers safety records by checking carrier safety information at SafeStat on line (http://ai.fmcsa.dot.gov/) 33

Frequently Asked Questions 34

Frequently Asked Questions (FAQs) Does CSA 2010 give FMCSA the authority to put drivers out of work? No. CSA 2010 does NOT give the agency the authority to remove drivers from their jobs. A change of that magnitude would require rulemaking and no such effort is underway. Does CSA 2010 give FMCSA the authority and processes to rate drivers and revoke their CDLs? No. Driver assessments are available to investigators but these are not used to rate drivers and/or revoke CDLs; State licensing agencies perform that function. 35

FAQs (cont d) Do tickets or warnings that drivers receive while operating their personal vehicles impact the new Safety Measurement System? No. Does the Safety Measurement System hold carriers responsible for drivers errors, such as speeding? Yes. Carriers are held accountable for drivers errors because they are responsible for the job performance of those who work for them. 36

FAQs (cont d) Do carriers and drivers need to register for CSA 2010 and fulfill mandatory training? No. CSA 2010 is primarily focused on helping FMCSA improve its enforcement operations. Carriers and drivers do not need to register for CSA 2010 nor is there a mandatory training requirement. Is there a way to challenge potentially erroneous or improper violations on carrier and/or driver records? Yes. The DataQs program (https://dataqs.fmcsa.dot.gov) allows carriers and drivers to challenge information that resides in FMCSA databases such as crash and inspection reports. 37

FAQs (cont d) Is it considered an inspection every time I talk to an inspector at a weigh station? Not necessarily. Law enforcement perform two types of actions at the roadside: a screening and an inspection. A screening evaluates a CMV to determine if that driver and/or vehicle warrants an inspection. Screening methods may vary by jurisdiction. A screening does not constitute an inspection and an inspection report would not be generated. 38

For more information, visit csa2010.fmcsa.dot.gov 39

IMPACT on UTILITIES INDUSTRY CSA 2010 applies to interstate truck s & motor carriers, as well as, intrastate passenger carriers and hazardous materials carriers. CSA 2010 is not changing who FMCSA regulates, it s changing how FMCSA targets and investigates carriers. 40

IMPACT on UTILITIES INDUSTRY Carriers currently not under FMCSA regulations will not be affected UNLESS states adopt CSA 2010. The prevailing belief is that ALL states will adopt CSA 2010. 41

IMPACT on UTILITIES INDUSTRY What regulations currently apply to the carriers including utilities will continue to apply once CSA 2010 is implemented. 42

IMPACT on UTILITIES INDUSTRY CSA 2010 Carrier Preview Data Now Available Officials interested in previewing their company s data should visit the CSA 2010 Web site login page https://csa2010.fmcsa.dot.gov/login.aspx?ret urnurl=%2fdatareview%2fdefault.aspx 43

Safety Management & Compliance Programs & Services SSS offers an extensive list of safety, management, loss control and regulatory compliance related programs and services designed to accommodate and complement small, medium and large company needs. Our programs and services help manage your safety, training and compliance records and allow you to focus on and manage areas and individuals that will reduces your costs and liability exposure. Our programs will seamlessly integrate with your organization's current safety structure and provide you with the results you expect along with a positive ROI. We provide comprehensive, customized, turn key, safety and compliance services all in one location simply choose the services that best fit your organizations needs. SSS provides state of the art, exception based, user friendly, cost competitive, quality programs that simplify your responsibilities, ensure compliance and provide you with detailed reports highlighting areas that need your attention.

Product Services DQ Services Driver Qualification & Pre-Employment Screening Services Driver Qualification On- Line Access Record Retention & Data Storage Employee Compliance Tracking, Scheduling, & Notification Drug & Alcohol Services Controlled Substance & Alcohol Program Management and Testing Audit Services DOT & CSA 2010 Pre- Audit, Consulting, and Audit Representation Seminars Consulting Services Inspection Services Inspection, Repair & Maintenance Program Commercial Motor Vehicle Safety Inspections Electronic Storage of Inspections Diesel Emission Testing Training Services Online Training, Interactive DVDs, Booklets, Exams & Certificates Learning Management System (LMS) Multisite/Location Oversight & Training Options Employee Training, Tracking, Scheduling, & Notification Certified Trainer Program (Train The Trainer) Equipment Operator Training Programs Hands On Training On-line Safety Store Access

Services We Offer Driver Qualification & Pre- Employment Screening Services Driver Qualification On-Line Access Record Retention & Data Storage Controlled Substance & Alcohol Program Management and Testing Online Training, Interactive DVDs, Booklets, Exams & Certificates Learning Management System (LMS) Multisite/Location Oversight & Training Options Employee Training, Tracking, Scheduling, & Notification Employee Compliance Tracking, Scheduling, & Notification GPS Vehicle Logistics and Reporting Technology Audit Services Commercial Motor Vehicle Safety Inspections Electronic Storage of Inspections Diesel Emission Testing Certified Trainer Program (Train The Trainer) Equipment Operator Training Programs Seminars Consulting Services Hands On Training On-line Safety Store Access DOT & CSA 2010 Pre-Audit, Consulting, and Audit Representation Pre-Employment Screening Services

User interface (front end) Customer Web Compliance Services Data Flow Schema On-line training, Driver Qualification records, MVRs, Vehicle inspections, Drug & Alcohol testing status, Training status, Training tracking, Online safety store (SSS applications back end) Clients access to compliance services Stored electronically: certificates, compliance records, signature capture, forms, exams etc Training alerts, training programs, and services

Safety Compliance Program Concept Benefits This system is a powerful Safety Compliance Program comprised of the following advantages: The ability to maintain brand recognition as a safe and professional organization The ability to proactively address regulation changes and audits The ability to centralize all compliance data in one place (no need for paper files) The ability to focus on your business as we manage your compliance The ability to access clean, precise records that are available at a moment s notice for audits, quality control, and legal representation The ability to reduce regulatory compliance exposure The ability to reduce claims liability exposure The ability to improve jobsite safety The ability to improve vehicle reliability The ability to assist in evaluation of employee capabilities All of our products have the ability to export data or receive data from currently used client systems

All Inclusive Training The overall program consists of the following services: On-line Training and Tracking System OSHA On-line Training Equipment & Equipment Operator On-line Training Instructor Training Programs Driver/Operator Training Programs Awareness Programs

On-line Training & Tracking System The ability to schedule training Training programs are web based and can be used in Kiosk environments The ability to reformat our client s existing training content into a web based Learning Management System (LMS) The ability to view at your own pace safety training content online (video), along with online exams Safety reference material and information online Automatic system updates based on regulation and law changes The ability to develop customized training programs The ability to link to any current system our customers may use

OSHA TRAINING Ladder Safety Machine Guarding Hazard Communication Bloodborne Pathogens Fire Prevention Fire Extinguisher Electrical Safety Noise Accident Investigation Emergency Response Hot Work Permits Personal Protective Equipment Signs & Symbols Fall Protection Hand and Power Tools Hazardous Materials Lockout/Tagout Chains, Cranes, Slings & Hoists Confined Space Entry Respiratory Protection Scaffolding Safety Job Safety Analysis Compressed Gases Work Zone Safety Trenching & Shoring First Aid

System Tools Each user can have access to tools that allow for proactive actions. The following tools allow for the ability to measure overall compliance: Dashboard VMRS Coding System Control Charts Canned Reports Signature Pads Data Exporting

Advantages to Our Clients Minimal to no staffing required to manage our services Little or no upfront cost SAS 70 compliant data security (Sarbanes Oxley) FMCSA compliant Promotes commercial vehicle safety and security, reduces CMV fatalities, injuries, and incidents Disaster recovery planning and redundancy Regulatory compliance One Stop compliance service System ease of use System compatibility with other software applications Customer service support On-line training and support for users of the system

Thank You We look forward to the opportunity to provide the tools that will ensure safety, regulatory compliance, and risk management for all aspects of your business. It is our intention to provide our clients/partners with the best quality and service available so they will always know and understand the health of their organization SAFETY IS GOOD BUSINESS!