Required Vs. Recommended DOT Training


I got a client’s email question a few days ago asking what training is required annually, and I thought, “Wow, this guy must be a real go-getter!” as most motor carriers don’t do any training at all . . . this guy is looking for mandatory training topics to cover yearly!

So I gave it some thought, answered his question, and then realized it would be a good topic for a blog post.

 

The first question was, “What training is required on an annual basis?” 

The answer may surprise you: NONE.

In fact, the only training the DOT requires to be re-done on a regular (but not annual) basis is HazMat Training for HazMat drivers/other employees.

(A quick note: OSHA may require some training annually, but I’m not an OSHA expert. I think you are supposed to train on fire extinguishers annually.)

 

So, let’s put together a rundown on required training:

 

  1. I always tell people the MOST important thing (unless you are hauling HM or driving doubles/triples) is:

Supervisor Drug and Alcohol Training

The DOT nearly always asks for proof all members of management have had this training.

Best management practice is to do a refresher course each 2-3 years.

 

  1. HazMat training, for drivers and administrators.

This is required if you haul placardable quantities of HM, but note it’s also required for a lot of HazMat that is in LESS than placardable quantities.

And, some ‘universal’ HazMat safety training is supposed to be done for ALL CMV operators, regardless of their shipments.

So, is it required by the regs? Yes. Is it enforced by FMCSA though? Not so much (except for actual HazMat drivers – then it is really enforced).

Then, is it a good idea?

Yes, for everyone, once each 2-3 years. If you are a hazmat hauler, this has to be done each 3 years.

 

  1. Introduction to Drug & Alcohol Testing training for all CDL drivers.

This is required by the DOT, but hardly anyone does it. Most companies give the driver a copy of the company D & A policy (which usually is incomplete) and make them sign a receipt.

 

The regulation states you are to provide information to the driver about the 11 topics found at 382.601. If the company D & A policy is complete, and if this is presented to drivers as a training session and then it is documented properly, this can be acceptable.

 

  1. I like the fire extinguisher training as required by OSHA and NFPA regulations. 

The regulations are as follows 1910.157(g)(1) and 1910.157(g)(2) that require all employees to be trained and have annual refresher training. This training is not that long and has helped out on other areas also.

 

  1. And then there is Entry-Level Driver Training (ELDT) – it’s a good starting place. Four topics required in ELDT are: Driver Qualification\Disqualification, Hours of Service, Wellness, and Whistleblower training. Here is a comment I made on ELDT on a national website about 2.5 years ago:

 

“I think you should present, at a minimum, the 4 ELDT topics PLUS load securement to all new drivers, regardless whether ELDT is required by the DOT.

1 – If you as a manager understand driver qualification and disqualification, you should be the one training the drivers. This can be incorporated in the DQ process, along with any unique administrative requirements.

Be sure to cover the physical qualification to include if you are unable to work one day and you have to see a doctor, you MIGHT not be qualified to work – and you should check with the medical examiner (this is a ‘best management practice).

2 – Hours of Service – most drivers lie on their logs all the time.

I hope if you are participating in this forum you have made a business decision to put a stop to it.

Drivers deserve to hear this from you. And, you need to show them how you want the logs presented. Again, I don’t want to hurt anyone’s feelings but I have to say “If you understand HOS documentation” because a lot of people don’t.
There is a new website with some training material on driver fatigue; if you have never seen it, you should invest a little time in looking at it. Go to http://www.nafmp.com/en/

I am NOT a fan of “canned training” – I think it conveys the message that you are just paying lip service or that you don’t understand it yourself.
A – you need to understand it if you are the safety manager, and
B – your policies procedures and paperwork need to be customized for your circumstances.

3 – Wellness – who cares if it is REQUIRED – It is a good idea to have a brief, frank discussion with your drivers on this topic. The health insurance industry says “Persons / employees / co-workers who are concerned about their personal physical well-being are less often missing time due to illness and injuries and return to work sooner” or words to that effect.
If you care about your drivers or the long-term success of your business, you need to deliver a brief, meaningful presentation on the topic of driver wellness. The occasional distribution of some literature on the topic has also been shown to have a beneficial impact.

4 – Whistleblower Training. As I understand it, OSHA requires this for any company that has more than 8 or 10 or 16 employees – I don’t remember the exact number because I am not interested in doing just the minimum.
I advocate doing what is right and what is smart, to the extent that I know what this is.
A driver deserves to know you mean it when you say you don’t want dispatchers pushing them inappropriately and that you WILL fix it if it is a safety issue (HOS and Maint. are the 2 whistleblower topics)

5. And the bonus segment – load securement.
Though not technically required as a topic of training, the regulation does say a driver is not qualified to operate a CMV unless he knows how to block, brace and secure cargo. And, since one of the required topics is on Driver Qualification\Disqualification, if you have never done any formal training on the topic, you cannot prove the driver is qualified to drive a CMV. So why wouldn’t you spend a few minutes to go over it with them during the entry-level training?

Again, I hate to step on toes here, but it would be a bad case of ignoring the elephant in the room if I didn’t address this:
 – SOME trucking companies hire a person and give them the title of safety manager with no regard for whether the person has a clue about motor carrier safety. If you are not competent to deliver a presentation on these 5 topics to your drivers, you should seek self-improvement such that you are comfortable with not only the DOT minimum, but the industry standard and best-management practices. There are a lot of people out there who have been given the title “Safety manager” without the proper background.
If you have been given the title without the perfect body of experience or educational background, you are not in the minority. When I was first instructed to “read this stuff and make sure we are doing this paperwork right” I was hopelessly unqualified – it’s like being tossed into the deep end of the swimming pool – you either figure it out or you have a bad experience.

If you don’t feel comfortable putting together a meaningful presentation – one that is customized for your company – on each of these five topics – MAYBE using some sort of ‘canned training’ product is better than nothing.
But, it should be a temporary solution, and you should strive for a better command of the material and you should be planning to develop your own unique treatment of each of these topics.”

This leads me to my final topic, which may be a bit self-serving, but I promise you it did not start that way:

 

When I first got into this business back in 1988, one of the helpful suggestions I got from a member of the state motor carrier association was to attend a 2-day seminar. There were several vendors of such educational events in the 1980s, and I was able to find one. It was helpful in getting my feet under me, so to speak, in this new area.

 

After I left the FMCSA in 2007, I started helping small trucking companies establish safety management systems; the first 10 or so people I visited with simply didn’t know anything about DOT safety regulations. So I told every one of them they needed to find and attend a 2-day seminar. They all called and emailed me back saying they were unable to find such a training event. So, I created one. I figured out later there were a couple major national providers of these training events that had simply dropped out of the marketplace, creating a vacuum. Today, I think we offer the best 3-day seminar there is on the topic.

 

The FMCSA has tried and failed repeatedly since 1982 to make driver training mandatory. (Other than the approximately 2-hour ELDT requirement for new CDL drivers, there is still NO mandatory training for CMV operators). But, in MAP-21 (the current transportation law), there is a requirement for the FMCSA to create a specific proficiency requirement for motor carriers. Not later than April 2014, the agency was supposed to create a regulation making this mandatory. I’m not sure what the current status is, but my point is the whole “go-to-a-seminar if you are new to the business” might be in the DOT Regulation someday.

Right now, it’s just a recommendation for those newly assigned to the job.

 

 

In summary:

If you are coming into this job from another area of management, and you are accustomed to a checklist of required training, note there is very little required by the FMCSA, but there are at least three types of training you should be thinking about:

 

-Topics above (A, B, and C) required by the FMCSA

-Entry-Level Driver Training / initial driver safety training (E)

-Training for management

 

This is just my 2 cents worth on the topic – but hey, I’m just a simple country boy with a public-school education from southern Missouri.
-Mike England

Fixing the Five Dollar Haircut (Or, Sometimes it’s better to do things right the first time.)


Fixing the Five Dollar Haircut  (Or, Sometimes it’s better to do things right the first time.)

Many of you have surely heard the story of the $5 haircut before, but in case some have not, I’ll try to recap it briefly here.

The story goes like this; there is a barber in a small town – let’s call him Barber Smith – who has had most of the town’s business for several years. The town grows, the highway in and out of town gets smoother, cars go faster, and some people drive the 20 miles to a larger community and a bigger selection of barbers and beauticians. But enough locals patronize Barber Smith. He has just enough business to keep him busy, and charges seven dollars for a trim.

One day, a new barber moved to town, and right across the street from Smith’s shop, the new barber – we’ll call him Barber Davis – rented a shop and put a sign in front offering “$5.00 haircuts” . . .

Predictably, many of Smith’s long-time customers strayed across the street to save $2.00 on a haircut. Not surprisingly, the quality of the cheap haircut turns out to be substandard, and as soon as people’s hair started to grow out they discovered it was uneven and spikey.

What do you do with a bad haircut? Even as it grows it continues to be a bad haircut.

Well, here is one answer; you go back to the last good barber who did a good job. Sure enough, a few of Smith’s customers returned to have things put right, and before long, Smith put up a new sign across from the cut-rate barber and his $5.00 haircut sign. The new sign says “We fix $5.00 haircuts.”

The moral is, sometimes the cheapest option is not the best choice.

Sometimes I feel like the older barber.

If a person or three wants to start a trucking company, they can call me up and I’ll help them do things right the first time. Or, you can start a business without a clue, do things wrong, forget to do things that are important and that can get you in hot water with the DOT, and next thing you know, your frugality starts to cost you money in ways you had not anticipated. Maybe the DOT shuts you down. Maybe there’s a wreck and everyone is convinced they are going to jail, because all those things they said they didn’t know about. . . they knew they needed to do that – they just didn’t know how.

There are big fines from the agency, or your business is threatened when the DOT assigns you a less-than-satisfactory safety rating and some of your customers won’t return your calls any more.

Some people call me in these circumstances – to come in and fix what was not done right the first time. A bit like fixing the five-dollar haircut.

 

There have been a lot of customers who have come to us here at DOT Compliance Help Inc. after having a bad experience with a so-called DOT Expert who turned out not to know so much.

I’ve been in the business since 1988, but that’s not the whole story.
I have a unique way of explaining and demonstrating things, and my customers know not only what the FMCSA wants them to do, they know what to do FIRST. They know which mistakes might land them in jail. And where to find a checklist of things to do. And how to prioritize their effort. In short, I explain to people how to do the things that are discussed in the FMCSR.

“I got this email about your seminar, but I found this other seminar that cost less. . . Now after going to that seminar I don’t think I understand anything more than I did before.” . . . this is something I have heard numerous times.

This one is even worse. “After I apparently failed my safety audit, the DOT Was talking about shutting me down, and I hired this guy that said he could get everything done for me for $XX.XX. . . he took my money and printed out a bunch of flyers and left them here and now he doesn’t answer his phone. And I’m shut down in 4 days.”

There are a few people that have worked for the DOT for some time, and they know one slice of the organization’s responsibilities. But they have never worked for a trucking company.

Motor carrier management people hear this when they talk “According to 391.27, you have to blah, blah, blah, blabity blah” . . .  it’s one thing to memorize the regulation, and another thing entirely to explain it in actionable terms.

 

So here’s my advice; let me help you understand the regulations, and how to get it right the first time. If you decide to go it alone, or purchase services from a cheaper source, or just take a guess, I’ll be here to help you later. But my favorite customers are those who contact me before things are done wrong and before the DOT starts to take action and before the lawyers have anything to sink their teeth into.

For instance, THE VERY FIRST THING YOU MIGHT DO is getting your DOT number and MC authority – it’s pretty simple but if you’ve never done it before, a lot of people pay a permit company a lot of money to do it and THEY ALWAYS DO IT WRONG.

If you ask me to get your DOT number for you, I will get it in 30 minutes and it won’t cost you a penny.

If you want me to help with the MC Authority, I’ll do the online filing for you for almost nothing and it will be done right the first time. If this isn’t done right – and the permit companies never do – it’s nearly impossible to fix and it can cause you problems for years.

So call us before the DOT calls you. I enjoy helping you do it right the first time.

847-836-6063

Prosthetic Arm Medical Waiver Question


We recently had a fellow on Facebook post this question to us:  Read more of this post

PSP Reports Stats showing benefits of use


Here at DOT Compliance Help, Inc., we recommend the use of the DOT’s PSP reporting system. It is not required, but we’ve found it incredibly useful with driver hiring. Now, they have some statistical results to back up our feelings Read more of this post

‘WRONG WAY: The Impact of FMCSA’s Hours of Service Regulation on Small Businesses.’


On Thursday, November 21, the House Small Business Committee’s Contracting and Workforce Subcommittee held a hearing on the current hours of service rules, entitled ‘WRONG WAY: The Impact of FMCSA’s Hours of Service Regulation on Small Businesses.’ Read more of this post

December 2nd: FMCSA will publish in the Federal Register a Notice & Request for Comment


December 2nd: FMCSA will publish in the Federal Register a Notice & Request for Comment regarding how the agency will handle adjudicated citations within the CSA SMS going forward. Read more of this post

Hours of Service Ruling Challenge – The Verdict is In


THE VERDICT IS IN on the new Hours of Service ruling challenge: Read more of this post

Why are CMV operators complaining about being restricted to less than 14 hours work per day?


My real question is, how many other people (other than truck drivers) DO work more than 14 hours each day?

I cannot tell you how many people have said to me “I just can’t make any money if Read more of this post

You Really Should Do A Road Test, No Matter What


There are a few reasons why people choose not to test a driver applicant before hiring him or her: it takes time, (and time equals money), you might not know HOW to test them, or maybe you don’t have someone TO test them; the biggest one of all could be, depending on interpretation, it might not actually be required!

However, you really should do a road test, no matter what…and I’ll explain why.

First, Read more of this post

The Greatest American Tragedy – Our Society’s Love Affair with Prescription Medicine


The single largest cause of accidental death in the US is misuse of prescription drugs. This has been highlighted recently by the overdoses of multiple high profile celebrities:

http://www.huffingtonpost.com/2012/08/26/celebrity-overdoses-deaths-prescription-drugs_n_1831731.html.

Perhaps it’s time we give serious thought to how frequently we use prescription medicines.

As the owner and President of DOT Compliance Help, Inc I help trucking companies and private carriers to understand the FMCSRs and implement necessary safety controls to save lives. One important area of DOT/FMCSA compliance is Drug & Alcohol testing. When I do Drug & Alcohol training, I always mention the negative health effects of illegal use of prescription medicine. But recently someone sent me an article I thought I should comment on.

A couple years ago I attended someone else’s Drug & Alcohol training – he devoted a few slides to a wellness topic. Basically, too many people use too much medicine, and even if the doctor prescribes it, it may not always be the best thing for you. At the time, I decided to leave that topic in a wellness-training presentation and not include it in supervisor drug & alcohol training. Perhaps tomorrow I will change my slides to include a brief comment on over-use of prescription meds. I’ll have to sleep on it.

  • This Centers for Disease Control (CDC) report states nearly half of everyone in this country took prescription medication at least once in the last 30 days. http://www.cdc.gov/nchs/fastats/drugs.htm
  • Here is another alarming statement from the CDC:  In the US, prescription drugs cost $234 billion in 2008; this is more than double what was spent in 1999. The story indicates new drugs and new uses for old drugs are the cause of this. http://www.cdc.gov/nchs/data/databriefs/db42.pdf

Do we really NEED all these drugs? Or is it just another bad habit?

In the weeks and months following the 1999 Columbine shooting, everyone in the US was wracked with concern; barrels of ink and hours of radio and TV-time were devoted to the topic “How do two 15-year-olds suddenly turn into mass murderers?”

One possible answer was that both of these young men had been diagnosed with Attention Deficit Disorder (ADD) and had been on Ritalin or Adderall for several years, leading to extreme behavior when they entered their teens and stopped using the psychotropics. Many people and most of my friends at the time seemed to accept this as a logical answer to the question.

The theory was and is these chemicals numb children’s brains, helping them ‘cope’ with any happy or melancholy thoughts as well as restlessness. After several years of this ‘therapy’ a lot of teenagers end up with personality disorders. It’s simple; you must feel these highs and lows in order to learn to cope with them appropriately.

When children are on these drugs for years, they can be robbed of the chance to learn to deal with normal emotions. So their emotions become extreme and they sometimes act out in violent and frightening ways when they are older.

Don’t get me wrong… I’m not saying that some ADD (and other) cases should not be treated with medication; it can bring the highs and lows within normal ranges as opposed to being extreme. The question is have we gone too far?

What of the dangers to society of routine over-dependence on such substances? Are we tranquilizing geniuses and decreasing their productivity? Are we making it easier for teens to take illegal drugs? One thing is for sure; by having so many legal drugs just lying around, we make it very easy for teenagers to experiment by taking someone else’s prescription medicine.

The news story that originally brought this to top-of-mind awareness for me was this one: http://www.cnn.com/2012/11/15/health/deadly-dose-jackson-rummler/index.html. This tells the story of two people who used Oxycontin (illegally) – and died.

The CDC states “About 37,000 Americans died after accidentally overdosing on legal or illegal drugs in 2009”. This makes accidental drug overdose the single largest type of accidental death in the US.

“If you asked any guy on the street what the leading cause of accidental death is, they would guess gunshot or car accident… They would never imagine it’s pharmaceutical opioids (painkillers).”

“… males in their 40s and 50s who start off with a prescription for back pain and die from an accidental overdose several years later…”

So what can we do about this terrible epidemic? Unfortunately, I’m not sure EXACTLY what can be done, but I can think of a few things:

  1. Lock it up when you are using it, and throw it away when you are done with it – those half-empty bottles in the medicine cabinet are trouble waiting to happen.
  2. Include discussion of easy reliance on prescriptions in wellness training for drivers.
  3. When you go to the doctor, your FIRST goal should be to learn what the problem IS and not always assume a pill will fix it.

Please add your thoughts here. I don’t claim to be an expert, merely concerned.