Part 2 of our CSA 2010 Changes and Challenges Informative Blog
IV. MEANS OF EVALUATION
The BASIC scores and percentiles will be used to identify which carriers warrant intervention and what level of intervention is appropriate. They will also be used to determine a carrier’s fitness to operate.
The Safety Fitness Determination (SFD) methodology is currently being developed subject to rulemaking requirements. The result will be a methodology producing a carrier fitness determination of either unfit, marginal, or continue operation.
As opposed to the present situation in which the only option is a Carrier Review, CSA 2010 provides a means of intervention commensurate with the level of degree of difficulty in a specific area. There are three levels of intervention with various means within each level.
The means of early intervention, the lowest levels of action, are as follows:
1. WARNING LETTER Correspondence that identifies a deficient BASIC area and the possible consequences of continued safety problems. It also provides instructions for accessing carrier data and measurement and a point of contact.
2. CARRIER ACCESS TO SAFETY DATA AND MEASUREMENT-This allows the charting of violations and improvement with monitoring for accuracy.
3. TARGETED ROADSIDE INSPECTIONS-Specific problems by BASIC area are identified.
This level is proactive and progressive, increasing in severity and degree of interaction based upon the risk posed by the carrier. The potential means of intervention in these middle levels are as follows:
1. OFF-SITE INVESTIGATION Documents are provided by a carrier for off-site review pursuant to the regulators’ request.
2. ON-SITE FOCUSED INVESTIGATION-This investigation is at the carrier, focusing on two or less BASIC problem areas.
3. ON-SITE COMPREHENSIVE INVESTIGATION-A carrier exhibiting broad and complex safety problems, continually deficient or worsening BASICs in three or more areas, a fatal crash, or a complaint may be subject to a full investigation.
1. COOPERATIVE SAFETY PLAN (CSP)-This is a voluntary plan collaboratively created by the carrier and FMCSA based upon a standard template to address underlying problems resulting from the carrier’s substandard performance.
2. NOTICE OF VIOLATION (NOV)-This will be issued for a regulatory violation serious enough to warrant formal action, but not a civil penalty or when the violation is immediately correctable and there is a high level of and desire for cooperation. The carrier must provide evidence of corrective action or initiate a successful challenge to the violation.
3. NOTICE OF CLAIM (NOC)- These are issued for regulatory violations serious enough to warrant a civil penalty.
4. SETTLEMENT AGREEMENT This is a contract negotiated with the carrier to enact remedies that address the root cause of a safety problem, defer or reduce penalties, or terminate enforcement proceedings.
VI. DRIVER SAFETY MEASUREMENT SYSTEM
This is the second major component of the Safety Management System intended to directly monitor the safety and performance of individual drivers. It is intended to monitor drivers based upon records across multiple employers.
This also enables investigators to evaluate roadside performance of drivers across employers over a three year period. Safety investigators can identify “high profile” drivers with overall poor safety histories.
Drivers will have scores and percentiles generated as a result of roadside inspections. Scores will be weighted by severity and time.
For drivers, the time weighting is over a three year period. Violations within the prior 12 months will be factored by three, during the prior 13 to 24 months by a factor of two, and from 25 to 36 months by a factor of one.
Testing of CSA 2010 began in four states in 2008. Several more were added in 2009. CSA 2010 will be implemented in the remaining states in July, 2010.
VIII. PREPARING FOR CHANGE
What can you as a carrier or driver do to prepare for the changes imposed by CSA 2010. Here are some suggestions.
1. LEARN THE SCORING SYSTEM-Review the point system so you are aware of the violations that carry the greatest penalties and take action to avoid them.
2. KNOW THE CVSA CRITERIA Study the CVSA inspection and out-of-service criteria.
3. BE PROACTIVE WITH YOUR UNITS-Educated in the point system and CVSA criteria, inspect your units and re-emphasize pretrip inspections.
4. TRAIN AND EDUCATE DRIVERS-Redouble efforts for pretrip inspections, hours-of-service compliance, meeting medical requirements, and particularly cargo securement regulations and requirements.
5. EXPLORE WAYS TO PREQUALIFY FOR INSPECTIONS Explore opportunities such a prepass to potentially reduce the number of roadside inspections and, ultimately, the potential for point producing violations.