Reduce Crashes, Injuries, And Fatalities Involving Large Trucks and Buses August 2013 Washington State Transit Association Presented By: Jeff James Federal Motor Carrier Safety Administration

Agenda 1)Background: who is FMCSA? 2)Part 383 Overview Federally mandated offenses Employer responsibilities 3)Part 382 Overview Federal Drug & Alcohol Testing Requirement 4)Medical examiners / National Registry 5)CSA / DATAQ

Background Who is FMCSA? A Modal Administration in the USDOT Mission What Does FMCSA do? Develop, publish, & enforce CMV safety rules (industry & states) Provides grants to states (WSP, DOT, DOL) Oversight Industry: roadside inspections, audits, & penalties States: compliance reviews & withhold grants Who am I FMCSA structure HQ – Region – Division 3

CFR Part 383 Commercial Drivers License

Part 383 Commercial Drivers License General CDL Classes (A, B, C) Endorsements (P, S) [ ] Restrictions (ensure drivers follow) FAQs Mechanics Backup drivers Empty bus

Part – Federally mandated Disqualification  Major: 1 year / Life »DUI / refusal »Leaving accident scene »Driving a CMV while revoked »Using a CMV negligently to cause a fatality or felony  Serious: 60 days / 120 days »Speeding (15+) »Reckless »Lane change / following closely »Driving without obtaining a CDL / not possessed / proper class »Texting  Other: »Railroad grade crossing »Violating an OOS order

383 Subpart C: Employer Responsibilities  May not use a driver without a valid CDL or proper class  May not use a driver or vehicle subject to an OOS order  Ensure drivers notify employer of convictions »under appeal is irrelevant  Ensure drivers notify employer of license suspension  Application Requirements »10 years of employment history »Names / addresses / dates / reasons for leaving »Used for investigating work history Part 383

Learners Permit Rule effective 7/8/14 CLP only from state of domicile  Training can be completed in another state  21 years of age for interstate and 18 for intrastate General Knowledge written tests to get CLP  Valid for 180 days. Another 180 days is possible.  Must hold for 14 days prior to taking skills test.  English only for skills tests (interpreters prohibited)  18 years is minimum age  CLP can only have an S, P, or N endorsement Legal presence  Full CLP/CDL issued to only lawful permanent residents  Social Security number verification prior to issuance

3 rd party testers  Testers recertify with training every 4 years.  Testing own students/employees (under reconsideration)  Bonding will be required for non-governmental entities. Overt and Covert monitoring of state and 3 rd party testers is required Background checks required for examiners Learners Permit Rule

CFR Part 382 Controlled substances and alcohol use and testing

Part 382 Types of Tests 382 Applicability / Test Separation Pre-Employment ( )  Drug test only  Negative result in hand prior to first using a driver. Including drivers in training.  Exception »If: driver participated in a program within 30 days »If: driver tested in past 6 months or in random for 12 months »Employer must obtain »Name/address of program »Verification that the program is compliant »Verification that the driver has not refused or tested positive »Date and results of past tests

Post Crash ( )  Drugs & alcohol  Only required if: »Crash involved a fatality »Disabling damage requiring tow or medical treatment AND »moving violation ticket  Alcohol test within 2 hours (no later than 8) »Many carriers forget the alcohol test  Drug test within 32 hours Part 382 Types of Tests

Random ( )  Drugs & alcohol  Rates: 50% & 10% (tested vs. selected) »Calendar year »Driver positions * »Non-DOT regulated employees  Consortium issue »1 driver operations »Carrier ultimately responsible for random program  Scientifically valid method to select drivers »Equal chance »Names out of a hat is not scientifically valid  Reasonably spread throughout the year  Notification of selection & the selection period »No warning & immediate collection Part 382 Types of Tests

Reasonable Suspicion ( )  Trained Supervisor must document specific observations based on; »appearance, »behavior, »speech, »body odors  Driver must be tested immediately »cannot be used (drive) until negative results are received. Part 382 Types of Tests

Return to Duty ( ) Follow-up ( ) Part 382 Types of Tests

To keep the driver;  Removal from duty regardless of geography  Interviewed by a SAP  Cleared by the SAP  Return-to-duty test  Have the negative result  Return to work  6 Follow-Up  any other required tests To let the driver go  Immediately remove from duty  Give the driver specific materials on where he can obtain an SAP evaluation. Part 382 Positive / Refusal

Controlled substance use ( ) Reasonable Suspicion Training ( )  Everyone designated to supervise drivers  120 minutes (60 drugs / 60 alcohol)  Proof of training Drug and Alcohol Testing Policy ( )  11 required items  proof that the policies given to drivers Background Checks (40.25)  Within 30 days a carrier must ask & receive: »Any positive or refused tests (drugs or alcohol)  Must go back two years  Only DOT regulated past employers Part 382 Other Topics

DOT vs. Non-DOT tests  Non- DOT tests are not recognized  Different standards Alcohol Testing: Breath vs. Blood  Blood is not authorized unless directed by the police for a post-crash test »Deemed too invasive Record Retention ( )  5 years: positive tests, refusals, & SAP docs.  2 years: drug & alcohol collection docs (C&C forms)  1 year: negative result forms   : education & training documents Part 382 Other Topics

Medical Card & The National Registry

Medical Card Why medical card changes? Safety vulnerabilities  Medical cards can expire but license is still good.  Medical examiners not following the criteria and/or not knowledgable of the FMCSRs  FMCSA has no oversight over medical examiners  Wide spectrum of examiners (brain surgeon, chiropractor, or a holistic healer)

Medical Card Step 1 (now):  Medical card is merging into a part of a driver’s license record.  must provide medical card to DOL (new and renewals) Step 2 (May of 2014):  New DOT physical exams must be performed by someone on the NRCME  License will not be valid without Medical on record  Over 4 million CMV drivers  Aprox. 3 million physical exams conducted each year  Estimate we need 20,000 – 40,000 examiners to meet the need Step 3 (future)  Medical examiners must send exam report to DOL

CSA / DATAQ Compliance Safety Accountability (CSA)  Data to prioritize work  Conduct investigation  Safety rating DATAQ  Forum to challenge data Pre-employment Screening Program (PSP) 

Q&A Question & Answer Session 24

End Jeff James: FMCSA Division Administrator (WA)