1. 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

2. 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

3. 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

4. CFR Part 383 Commercial Drivers License

5. Part 383 Commercial Drivers License General CDL Classes (A, B, C) Endorsements (P, S) [383.153] Restrictions (ensure drivers follow) FAQs Mechanics Backup drivers Empty bus

6. Part 383 383.51 – 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

8. 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

9. 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

10. 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

11. CFR Part 382 Controlled substances and alcohol use and testing

12. Part 382 Types of Tests 382 Applicability / Test Separation Pre-Employment (382.301)  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

13. Post Crash (382.303)  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

14. Random (382.305)  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

15. Reasonable Suspicion (382.307)  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

16. Return to Duty (382.309) Follow-up (382.311) Part 382 Types of Tests

17. 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

18. Controlled substance use (382.213) Reasonable Suspicion Training (382.603)  Everyone designated to supervise drivers  120 minutes (60 drugs / 60 alcohol)  Proof of training Drug and Alcohol Testing Policy (382.601)  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

19. 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 (382.401)  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

20. Medical Card & The National Registry

21. 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)

22. 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

23. CSA / DATAQ Compliance Safety Accountability (CSA)  Data to prioritize work  Conduct investigation  Safety rating DATAQ  Forum to challenge data Pre-employment Screening Program (PSP)  http://www.psp.fmcsa.dot.gov http://www.psp.fmcsa.dot.gov 23

24. Q&A Question & Answer Session 24

25. End Jeff James: FMCSA Division Administrator (WA) 360-753-8076 25