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public safety

As Cargo Theft Numbers Rise, Tech-Based Solutions Expected to Help Keep Fleets Safe

May 10, 2021 by Levinson and Stefani Leave a Comment

Cargo theft has become the trucking industry’s latest threat, following an already particularly difficult year. Updated business strategies and new technology are the most important tools fleets have to boost the overall security of their drivers and the shipments they carry.

“The safety of our drivers is number one,” said C.R. England’s freight claims supervisor, Melissa Jordan. “We don’t want them to put themselves in harm’s way. The next priority is the customer and the integrity of their product.”

Throughout North America, supply chain risk events recorded throughout 2020 have risen by about 16% from 2019, according to theft prevention and recovery network, CargoNet.

Not only is this safety risk making cargo security improvements more important than ever, but also rendering them vitally important if fleets want to keep overall costs down, as the prices brought about by these kinds of thefts has also risen–by 19%, CargoNet estimates. The average cargo theft costs have come out to be around $166,334 in 2020, with the increase believed to be due to COVID-19’s effect on individuals and its ability to motivate them to steal shipments of medical supplies and pharmaceuticals.

This kind of expensive, large-scale thievery has been steadily increasing for the last few years, according to Sensitech Inc.’s director of global intelligence, Scott Martino.

“Thieves use this as one way to gather intelligence on what is in trailers coming from certain distribution centers, etc., but they do sometimes have inside information of some form,” he explained. “Thieves are opportunistic. They typically target specific cargo, but they will target anything if the opportunity presents itself.”

                                                                                                    

There are multiple methods a thief may use to pull a crime like this off, such as an instance in which a he or she may fraudulently claim to work for a specific carrier and subsequently pick up someone else’s shipment, which BSI supply chain risk consultant, Tony Pelli, said is now happening more and more throughout North America.

Often, a perpetrator may even steal a carrier’s identity or use an out-of-business trucking company name, particularly through emails sent with phishing scams.

“They’ll say they’re a supplier who needs to get paid or a vendor who wants to pay them,” explained Pelli. To avoid these scams, an overall understanding of cybersecurity is key, he added.

Trucking companies are now having various departments collaborate to find the best ways for safety improvement as often as possible. For Averitt Express, its cargo claims team, operations team, security team and safety experts are all consistently working together to find the bests methods of keeping the company safe.

“At the same time, our team researches and tests new technology and tools that may enhance our ability to protect our assets and cargo,” said the company’s security coordinator, Tim Barnes. “Asset-based tracking is the primary tool that can currently be used to increase recovery rates within the transportation industry. When we can pinpoint the location of an asset through GPS surveillance, we stand a good chance of recovering our assets.”

Most important, through, is that all drivers and employees are aware of the risks at hand and the ways to best avoid them, Barnes noted.

“This includes conducting training around specific areas of cargo theft and promoting awareness campaigns through emails, newsletters, routing meetings, and signage at facilities,” he said, explaining that all employees must undergo regular prevention-focused training. One of these training programs is dedicated specifically to raising awareness of all security dangers involved with the transportation of hazardous materials (HM-232 security).

For C.R. England, tracking tech is extraordinarily important in reducing security risks.

“We’re able to see the location of any of our trucks or trailers at any given interval,” said Jordan. If a vehicle happened to diverge from its proper route, alarms would be raised and the company would contact the driver immediately, she added. 

C.R. England is also able to let a driver know ahead of time if he or she may be about to enter a risky region.

“We deliver some loads into the Bronx or Brooklyn,” “said Jordan. “We know they have a limited amount of space to begin with, so it is easy to target those parking spaces that are available…We’ll also ask them to back up to something–a wall or a light pole–so no one can open the door.”

If a shipment is of particularly high-value, customers may make specific requests to keep the load secure.

“Depending on the value of the load, [the customer] may have pace cars that follow the truck,” said Jordan. Customers may also require a driver to not stop within a specific distance.

C.R. England also requires drivers to pay a deposit for an Abus lock that is used on every shipment, and requests that they always lock their right-side doors (although a shipper’s particular security seal may make that impossible). To circumvent any issues regarding proper security of these locks, the company will always spec its new trailers with enforcer boxes that are able to cover both the security seal and the latch.

“It provides an additional place for them to place the padlock without damaging the seal,” Jordan noted.

Additionally, the company holds periodic meetings with its drivers to regularly cover safety protocol as thoroughly as possible.

“We’re a teaching company as well as a trucking company,” she explained. “From the beginning, drivers are taught about security and safety, and we have continued education.”

Truck Driver Vision Standards May Be Amended

April 22, 2021 by Levinson and Stefani Leave a Comment

Under standards that have been in place since 1971, a driver is physically and legally qualified to operate a commercial motor vehicle if he or she has distant visual acuity of at least 20/40 in each eye without corrective lenses or visual acuity of 20/40 or better with corrective lenses. Additionally, he or she has had to have a field of vision of at least 70 degrees in each eye and be able to recognize the different colors in traffic signals, signs, and other safety devices. Now–that vision standard is being amended.

The new regulation would allow truckers not able to meet these federal vision standards of either field of vision, distant visual acuity, or both (in at least one eye) to be physically qualified to legally operate a commercial vehicle within interstate commerce.

“Currently, such individuals are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from the Federal Motor Carrier Safety Administration,” said a recent Federal Register post. “The agency proposes an alternative vision standard for physical qualification that, if adopted, would replace the current vision exemption program as a basis for establishing the physical qualification determination for these individuals.”

Until now, a driver would have to request an exemption from FMCSA if he or she did not meet the vision standards. This process would often take months and require extensive paperwork–these drivers would have to be able to present evidence to FMCSA that they had driven a commercial motor vehicle in intrastate commerce safely, despite their vision deficiency, for the last three years. 

Analysis of this recent driving performance is most important in determining future driving safety, as explained by various research studies that analyze past and future driving performance. According to the agency, 2,566 truck drivers currently hold a vision requirement exemption.

If approved and finalized, the new proposed policy change would require that any driver who cannot meet the field of vision or acuity standards must undergo an ophthalmologist or optometrist examination. This exam report would be forwarded to a truck driver medical examiner, who would then have the authority to make the final decision regarding whether or not this driver is fit to safely operate a commercial vehicle. Then, if approved, that driver can legally operate a CMV under a 12-month medical card.

This policy has been called a “performance-based approach.”

“It is well-recognized in the literature that individuals with vision loss in one eye can and do develop compensatory viewing behavior to mitigate the vision loss,” said FMCSA.

Under this proposal–which comes at a time in which the trucking industry has been grappling with a large truck driver shortage, especially with the increase in demand that arose during the pandemic–a truck driver that does not meet either the field of vision standard to distant visual acuity standard in at least one eye could be physically qualified to operate a commercial motor vehicle without having to be given an exemption.

“FMCSA estimates that the proposed rule would reduce barriers to entry for current and future CMV drivers,” said FMCSA. “The 2,566 drivers holding vision exemptions would no longer have to apply for an exemption, and potential driver applicants who do not have three years of intrastate driving experience may meet the alternative vision standard and be able to operate a CMV in interstate commerce.”

Drivers would need to complete and pass a road test before operating a CMV if they are now physically qualified for the alternative standard in their states under the new proposed regulation, with some limited exceptions.

Many safety advocates have been fighting against regulatory changes such as these, which tend to prioritize easier entrance into the trucking industry over actual road safety. This includes rules such as the updates made within hours-of-service regulations, which recently permitted truck drivers to operate at longer hours and choose how they spend and split up their rest breaks, allowing for drivers to become much more fatigued while operating their trucks.

The vision requirement proposal has indeed been officially published in the Federal Register, but could still be withdrawn by the Biden administration during a later regulatory review, as announced by the White House in its regulatory freeze memorandum.

FMCSA will be accepting public comments in regards to this new proposal until March 15th, 2021.

Independent Contractors Can Maintain Status and Still Receive Safety Training and Equipment

April 15, 2021 by Levinson and Stefani Leave a Comment

Truck drivers working as independent contractors can receive safety equipment and technology from motor carriers without creating any conflict in regards to their statuses as independent contractors, according to a new opinion letter released by the U.S. Department of Labor. 

This safety equipment can include innovative resources like driver monitor systems, dash cams, and speed limiters. Additionally, the letter stipulates that independent contractor truck drivers must take specific safety training–an act that would allow these drivers to maintain their current statuses deeming them independent from any particular trucking company.

“We conclude that the safety measures do not constitute control for purposes of determining independent contractor status, and that the owner-operators are likely independent contractors,” explained the Department of Labor’s Wage and Hour Division within the letter, which spanned a total of eight pages.

The letter was written in response to a series of different hypothetical but realistic scenarios outlined by the American Trucking Associations and another anonymous transportation and logistics company.

In ATA’s request, the agency inquired about whether or not motor carriers should be able to exert any particular control over tractor-trailer truck drivers in regards to safety measures that the carrier would prefer be implemented, and whether or not this interferes with the drivers’ statuses as independent contractors. ATA asked if carriers could, by law, have this control over their drivers under the Fair Labor Standards Act, depending on their statuses as independent contractors or as employees.

In the second, anonymous request, the questioning party asked if specific owner-operators are properly classified as being independent contractors in a certain, detailed scenario.

“Based on the facts provided in the first request, we conclude that the requirements to comply with certain legal, health, and safety obligations are not a factor in determining whether a driver is an employee or an independent contractor under the FLSA,” the letter explained. “Based on the facts provided in the second request, we conclude that the owner-operators are likely independent contractors.”

Motor carriers can indeed offer or require specific kinds of safety equipment or safety training to truck drivers without interfering with their independent contractor statuses, the letter continued.

“Today’s letter is a victor for highway safety and for the thousands of truck drivers who choose to be independent contractors,” said Chris Spear, President of ATA. “This opinion will make it easier for motor carriers to utilize owner-operators, while maintaining important safety standards, without risking those drivers’ independent contractor status.”

Still, policy makers in individual states will need to heed the opinions expressed in this letter, which, technically, will only be applicable in regards to federal law and regulation, Spear noted.

“This opinion letter applies only to federal law, but many states rely on federal law and letters like this to make policy,” he said. “Going forward, state policymakers and the courts should value this opinion, and in doing so, encourage motor carriers and owner-operators to enhance training and technology, improving highway safety for all Americans while also allowing drivers to maintain their independent status.”

Regarding the ability for independent contractors’ ability to operate as safely as possible, federal regulators and Congress have designated this responsibility to motor carriers alone, the letter explained. Other industries and businesses do not face these kinds of challenges, which seem unique to the trucking industry.

“This translates to a strong incentive for motor carriers to pursue safety measures and improve regulatory compliance with respect to all of their drivers, employees, and independent contractors alike,” the letter noted.

Additionally, the letter made clear that required training should educate drivers thoroughly on their legal obligations to operate their vehicles as safely as possible; that camera-based and sensor-based safety technology should be able to properly monitor the driver, external conditions, and some internal aspects of the vehicle; and that a truck’s speed-limiter can only prevent a truck driver form operating in an illegal manner.

“A contractual obligation to comply with safety requirements requires no particular action except what the law already requires,” the letter said. “Each of these are the types of legal, health, and safety standards that do not suggest control indicative of employee status.”

Sleep Apnea is Major Concern for Trucking Industry as New Study Finds Nearly Half of Drivers May Be Affected

April 8, 2021 by Levinson and Stefani Leave a Comment

Almost half of all truck drivers may be at risk for obstructive sleep apnea, according to a new study of 20,000 commercial motor vehicle drivers.

Obstructive sleep apnea, a medical condition that can cause severe drowsiness while driving, was studied by Virginia Tech Transportation Institute researchers who presented their findings at a Transportation Research Board committee meeting last month. They explained that although various studies on sleep apnea have been conducted previously, the number of truck drivers with either diagnosed or undiagnosed sleep apnea may have been heavily underreported. Earlier studies found that between 7.2 and 30% of truckers may have sleep apnea, whereas the latest research shows that this number may be as high as 49%.

As explained by the study, obstructive sleep apnea is a disorder causing the collapse or repeated blockage of the upper airway for at least 10 seconds at a time. When the airway is closed repeatedly in this manner, varying periods of low amounts of oxygen and high amounts of carbon monoxide in the blood will lead to the individual waking up during the night to gasp for air, therefore causing extremely interrupted sleep.

Using the STOP-Band method, 9,382 of the 20,000 truck drivers tested were found to have apnea “potential,” and 9,639 were found not to have apnea. These numbers differ greatly from a previous study that found only 6.4% of 13,724 drivers had potential sleep apnea, with 86% expected not to be affected by the disorder.

The STOP-Bang method assesses OSA risk factors like snoring, fatigue, hypertension, age, body mass index, gender, neck circumference, and observed apnea using an eight-part screening tool that incorporates these objective risks with subjective symptoms.

Drivers who participated in the study and who had undiagnosed and untreated sleep apnea were found to be at much greater risk of being involved in or responsible for moving violations and preventable crashes.

“The goal of the new study is really to get an accurate estimate of potential OSA,” said VTTI researcher Jeffrey Hickman, who worked on the study. “We’re not trying to diagnose people. We’re just screening them.”

Because long-haul truckers spend many consecutive hours on the road, they often are unable to find healthy food options or opportunities to exercise while on duty. This allows for potentially health issues to come into play, such as diabetes, obesity, and other conditions, like apnea.

“Beyond the health consequences, there are also safety consequences that are well-established in the literature that those diagnosed with OSA that is not treated increases [their] crash risk because [they’re] not getting sleep,” said Hickman at a virtual presentation with the TRB Truck and Bus Operators Health and Wellness Subcommittee. “If you’re not getting sleep, you’re tired when you’re driving, and so that results in a lot of inattention that increases your crash risk.”

Diagnosed drivers can, luckily, reduce their risk of involvement in a crash–even bringing it as low as the risk for those without apnea–by undergoing treatment. These treatment methods include C-PAP masks (positive airway pressure) or surgery, and can have very helpful and impactful effects.

“Although several studies have estimated the prevalence of obstructive sleep apnea in the commercial motor vehicle driver population, limitations such as small sample sizes and study samples that are not representative of the industry have limited the generalizability of these study findings to the general CMV population,” the study explained.

Additionally, screening methods allowing medical examiners to easily diagnose sleep apnea aren’t yet effective or common enough, Hickman noted.

“It’s not something that people raise their hands and say, ‘Yes, I want a C-PAP machine,’” he said. “There is some incentive to be less-than-truthful because drivers just don’t want that treatment.”

Still, guidance from the Federal Motor Carrier Safety Administration for certified medical examiners has had improvement, although FMCSA has not given any particular regulatory standards regarding the condition. This perpetuates the allowance of sleep apnea continuing to be a problem in the industry, explained Natalie Hartenbaum, an occupational fitness and truck driver health expert and medical doctor.

In 2017, federal regulators announced plans to withdraw a notice of proposed rule-making requesting information on ways to better assess OSA risks for transportation workers, which initially focused on those already diagnosed working within safety-sensitive roles. Therefore, the dangerous risks of obstructive sleep apnea for industry workers continues to be a major concern for the industry itself, and for everyone else on the road.

Annual Roadcheck Campaign Finds Higher Out-of-Service Rates than 2019

March 6, 2021 by Levinson and Stefani Leave a Comment

2020’s Commercial Vehicle Safety Alliance’s International Roadcheck event, which was originally set to take place in May, was postponed due to the COVID-19 pandemic and took place in early September. Now, reports from the three-day event have been released and show a 20.9% rate of overall out-of-service vehicles throughout the continent of North America–an increase from 2019’s rate of 17.9%.

International Roadcheck is an enforcement and inspection initiative taking place over the course of 72 hours and is conducted by CVSA-certified inspectors. These inspectors examine motor vehicles and drivers’ compliance regarding safety and health protocols throughout the United States, Mexico, and Canada.

In 2020, over 50,000 inspections took place, and include the examination of vehicles such as large trucks, non-hazmat cargo tanks, cargo tanks transporting hazardous materials, and passenger vehicles.

Out of the 50,151 inspections done, 26,451 were Level I inspections, 11,224 were Level II, 11,364 were Level III, and 1,112 were Level V.

When releasing the results of the event, CVSA said that the International Roadcheck “highlights the daily work of the more than 13,000 commercial motor vehicle inspectors throughout North America and acknowledges the safety compliance of motor carriers and professional drivers through the issuance of the CVSA decal on eligible vehicles.”

These decals are given to vehicles that are not found to have any critical vehicle inspection item violations following a Level I or Level V inspection. For 2020, 9,303 power units, 3,662 trailers, and 123 passenger vehicles were issued a decal.

During the course of the 45,046 Level I, II, and III inspections that occurred throughout the United States, 7,256 vehicles and 2,365 total drivers were removed from American roadways.

Issues regarding brake systems made up the largest number of out-of-service violations throughout the U.S., a number which comprised over a quarter of all out-of-service vehicle violations. For drivers in particular, hours of service regulation violations were the most common, as these violations made up 32.5% of overall out-of-service driver violations.

Across the continent, the five most common vehicle-related out-of-service violations found upon inspection had to do with tires, lights, cargo securement, brake adjustment, and overall brake systems. The top five for drivers were, of course, hours-of-service violations, as well as wrong class license, suspended license, false logs, and “other” violations–mistakes like cell phone use and moving violations.

“Although the coronavirus pandemic understandably shifted priorities and personnel during the spring, the commercial motor vehicle law enforcement community has reasserted its focus on the roadside inspection program and enforcement duties,” said CVSA President, Sgt. John Samis, at the time the postponement was announced. “Jurisdictions are nearly back to their pre-pandemic capacity with a  strengthened concentration on identifying and removing unfit vehicles and drivers from our roadways using federal safety standards and the out-of-service criteria.”

This is the first year in 32 years that the International Roadcheck event did not occur on schedule. The decision to postpone was “thoroughly and thoughtfully discussed,” according to Samis. “The experience is unprecedented in our modern society, and we all need to do all that we can to help stop the spread of this global pandemic.”

While adhering to strict safety precautions, inspections worked to collect and verify drivers’ documents, identify motor carriers, check records-of-duty statuses, examine driver’s licenses, and carefully check periodic inspection reports.

Inspectors also checked Medical Examiner’s Certificates, daily vehicle inspection reports, and Skill Performance Evaluation Certificates when necessary.

Illness, fatigue, drug or alcohol possession or impairment, and proper seat belt usage were also checked for.

“As we urgently respond to this time-sensitive crisis, we must remain diligent and committed to ensuring that the commercial motor vehicles and drivers providing essential goods and services to our communities are following motor carrier safety regulations,” Samis explained. “Safety doesn’t take a break. It is always our top priority.”

More than 1.7 million roadside inspections have been conducted throughout International Roadcheck events since the beginning of the campaign in 1988. The Federal Motor Carrier Safety Administration, the Canadian Council of Motor Transport Administrators, Transport Canada, Mexico’s National guard, and the Mexico Ministry of Communications and Transportation all participate each year in CVSA’s Roadcheck. 

The next International Roadcheck campaign will take place between May 4th and 6th of 2021, pandemic permitting.

Highway-Rail Grade Crossing Safety Plans and Updates Required in Final FRA Rule

March 4, 2021 by Levinson and Stefani Leave a Comment

A final rule mandating states update or develop highway-rail grade crossing action plans has been issued by the Federal Railroad Administration.

The FRA recently released data showing that 94% of fatalities related to rail transit take place at railroad crossings and/or are results of trespassing. A highway-rail grade crossing is the point where railroad tracks intersect with a roadway on the same grade or level. There are more than 250,000 of these crossings across the country, and more than 400 related deaths occur each year in these areas due to trespassing.

The Federal Register released its final ruling in mid-December requesting highway-rail grade crossing action steps to be planned out by 40 different states and the District of Columbia. The remaining 10 states, which already have plans in place, must also update these plans while indicating exactly what they have done thus far to take action on them.

These outlined plans are required to identify all crossings that have seen safety issues and incidents, and specific strategies must be indicated for improving the overall safety of these crossings. According to the Federal Register announcement, these strategies could include grade separations or closures, and each state must identify one official manager to ensure that the indicated action plan comes to fruition.

“The actions states must take to develop action plans and, more specifically, to develop specific strategies for improving grade crossing safety can, if done properly, significantly improve safety and complement other efforts by states to improve transportations safety generally,” said the document.

The FRA was urged to implement regulations requiring highway-rail grade crossing action plans by 2015’s Fixing America’s Surface Transportation (FAST) Act, from which this most recent rule is derived. The provision in FRA’s Notice of Proposed Rulemaking detailing said action plans was initially published near the end of 2019.

Prior to those regulations, 2008’s Rail Safety Improvement Act pushed a number of states to make such safety plans, which led to 10 particular states with the largest number of highway-rail grade crossing incidents between 2006 and 2008 to be identified by the Secretary of Transportation at that time. Those states were then required to create specific action plans aiming to lead toward major safety improvements. The states required to make such plans after analysis of agency data regarding crossing collisions were Alabama, California, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Ohio, and Texas.

Because the necessary safety action plans proved to be costly, many members of the public urged the FRA to allocate funding to these specified states–especially as Delaware’s Department of Transportation explained that its needed costs were going to make or break the state’s ability to make important–and potentially life-saving–safety upgrades.

“DelDOT noted that the state of Delaware currently experiences an extremely low number of train-related crashes and asserted that developing an action plan would draw resources away from other ongoing efforts to make a positive safety impact on the state and its communities,” said the Federal Register document. “Accordingly, DelDOT recommended that FRA establish guidelines that, if met, would exempt a state from the requirement to develop an action plan.”

Currently, states are able to utilize the Federal Highway Administration’s Railway-Highway Crossings Program funding to develop needed action plans, although the final rule’s mandate has yet to provide any provision allocating specific federal funds for said plans.

Once plans are formed, the FRA must, as stated in the FAST Act, review and, upon approval, publish the state’s plan publicly on an official website. If a submitted plan is determined to be inadequate, the agency must notify the state of deficiencies and allow the state 60 days to correct or add what may be missing.

If the two-month deadline is missed, the FRA must then publish online that the state in question has not completed a proper action plan. As states continue to work on their action plans and updates, DRA representatives and inspectors are available to help those with questions. DRA will also provide highway-rail grade crossing incident data to states when requested.

This final ruling is officially in place as of January 13th, and states are required to submit their plans or updates to the FRA by at least 14 months after the publication date of the final rule.

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