Truckload Authority - Winter 2015-16

J. J. KELLER’S ELD INSIGHTS
cannot advocate noncompliance,” Heller said. “With that in mind, we believe that
each driver who operates on our roadways should be afforded every opportunity to
operate their commercial motor vehicle in an environment that is free from harassment
and coercion. Any party, shipper, carrier, broker or freight forwarder found to
force drivers into a situation where compliance with the Federal Motor Carrier Safety
Regulations (FMCSRs) is placed in jeopardy should be fully penalized to the extent
of this rule.”
The rule allows for a civil penalty of up to $16,000 for each offense.
The FMCSRs say coercion occurs when a motor carrier, shipper, receiver or transportation
intermediary threatens to withhold work from, take employment action against
or punish a driver for refusing to operate in violation of certain provisions of the FMCSRs,
Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial
Regulations FMCCRs. The agency says coercion may be found to have taken place
even if a violation has not occurred. An example of coercion is when a motor carrier
terminates a driver for refusing to accept a load that would require the driver to violate
the Hours of Service requirements.
The agency said the following must have occurred in order for coercion to have existed:
• A motor carrier, shipper, receiver or transportation intermediary requests a driver to
perform a task that would result in the driver violating certain provisions of the FMCSRs,
HMRs, or the FMCCRs
• The driver informs the motor carrier, shipper, receiver or transportation intermediary
of the violation that would occur if the task is performed, such as driving over the HOS
limits or creating unsafe driving conditions, and
• The motor carrier, shipper, receiver or transportation intermediary makes a threat
or takes action against the driver’s employment or work opportunities in order to get the
driver to take a load despite the regulatory violation that would occur.
“Any time a motor carrier, shipper, receiver, freight-forwarder or broker demands that
a schedule be met, one that the driver says would be impossible without violating HOS
restrictions or other safety regulations, that is coercion,” said FMCSA Acting Administrator
Scott Darling. “No commercial driver should ever feel compelled to bypass important
federal safety regulations and potentially endanger the lives of all travelers on the road.”
In formulating this rule, the agency said it heard from commercial drivers who reported
being pressured to violate federal safety regulations with implicit or explicit threats
of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable
work hours or transportation jobs, or other direct retaliations.
Some of the FMCSA regulations drivers reported being coerced into violating included
HOS limitations designed to prevent fatigued driving, CDL requirements, drug
and alcohol testing, and the transportation of hazardous materials and commercial regulations
applicable to, among others, interstate household goods movers and passenger
carriers.
Commercial truck and bus drivers have had whistle-blower protection through the
Department of Labor’s Occupational Safety and Health Administration (OSHA) since
1982, when the Surface Transportation Assistance Act (STAA) was adopted.
The STAA regulations protect drivers and other individuals working for commercial
motor carriers from retaliation for reporting or engaging in activities related to certain
commercial motor vehicle safety, health, or security conditions.
STAA provides whistleblower protection for drivers who report coercion complaints
under this final rule and are then retaliated against by their employer.
The FMCSA said there will be safety benefits from increased compliance with the
regulations and also driver health benefits, adding that in the absence of coercion, drivers
“will conduct their safety-sensitive work in a manner consistent with applicable federal
regulations.”
The agency said during a four-year period from 2009-2012, OSHA had determined
that 253 whistleblower complaints from commercial motor vehicle drivers had merit.
In the same period, FMCSA validated 20 allegations of motor carrier coercion.
Between the two agencies, that accounts for an average 68.25 acts of coercion per
year, the FMCSA said.
In June 2014, FMCSA and OSHA signed a Memorandum of Understanding to
strengthen the coordination and cooperation between the agencies regarding the antiretaliation
provision of the STAA. The memorandum allows for the exchange of safety,
coercion and retaliation allegations when received by one agency that fall under the
authority of the other.
Making the Most of Your ELD Data
Many companies that begin using electronic logging devices (ELDs) are
surprised by the volume of data that’s generated. The key is to understand
and use this data effectively.
Hours of Service (HOS) Violation Data
Most ELD systems have the ability to identify whether drivers are violating HOS
limits. If you’re continually seeing drivers operating past an HOS limit, you may
need to ask yourself, “Do they need refresher training on the HOS regulations
or on the ELD system itself?”
If you have drivers repeatedly making form and manner errors, then retraining
might be required to correct the problem. If you have drivers ignoring warnings
from the system and operating past the HOS limits, more serious action may
be warranted.
Speed Data
Because speeding can lead to accidents, violations, reduced fuel mileage, and
unnecessary wear on a vehicle’s driveline and breaks, this is important data to
monitor. If a driver occasionally operates at extremely high speeds or at a high
average speed, you’ll want to meet with that driver to address the situation.
Hard Braking Data
There are two keys to using hard braking data successfully:
1. Setting the braking threshold correctly
2. Determining what an acceptable number of hard braking incidents
is during a specific time span
Most carriers set the threshold at a deceleration rate of approximately 10 mph
per second. How many hard braking incidents are acceptable depends on your
operating environment and where you have the threshold set.
Idle Time Data
ELD data lets you spot idling that’s causing fuel wastage by tracking all
incidents of idling longer than a specified time limit. This allows you to identify
what you consider “excessive” idle time. Another way to spot wasteful idling is
by using ELD data to track the percentage of a vehicle’s run time that is idling.
Then compare that percentage to an acceptable limit you have set.
Route Selection Data
Most ELD systems use “breadcrumbs” to record the driver’s location at
predetermined intervals to verify the driver used the most efficient route.
More sophisticated systems use geofencing to alert you if a vehicle has
wandered off its anticipated route. And some ELD systems use a “logic”
program to combine the routing information with the anticipated or
promised delivery time. In each case, that data can be used as the basis
for discussion with a driver when necessary.
Make the Most of Your ELD Data
By understanding ELD data and using it effectively, you can improve regulatory
compliance, driver safety, CSA scores, fuel usage, and fleet efficiency.
To download our “ELD data: Understanding and using it
effectively” whitepaper, visit JJKeller.com/ELDdata. To learn
about the J. J. Keller® Encompass® E-Log system, see the ad in
this publication, visit JJKellerELogs.com, or call 855.693.5338.
with E-Logs
TCA 2015-16 www.Truckload.org | Truckload Authority 13