Vigillo Countdown to CSA Webinar Slides

Countdown
to CSA
Sloan Morris – Director of Client Services, Vigillo
Annette Sandberg – CEO, TranSafe Consulting LLC
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Countdown to CSA
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Agenda

1. CSA Go‐Live: What Will Change?

2. Introducing ISS‐2010

3. Shipper / Broker CSA Impact

Q & A
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CSA Go-Live: What Will Change?

When? Where online?
Likely: Monday, Dec. 6 Links From:
FMCSA: “Early “December”
Public & Private:
‐ FMCSA CSA 2010 Site
http://csa2010.fmcsa.dot.gov/

‐ FMCSA Compass Portal
https://portal.fmcsa.dot.gov
(private data)



Who Can See? What CSA Data will
NOT be made public ?
Anyone can see all public
CSA data for any carrier. CSA Private Data:
(similar to SafeStat private data)
All public data except:

X No driver information
X No Crash BASIC Score
(or intervention status)

X No Cargo BASIC Score
(or intervention status)



When will CSA What About SafeStat?
Interventions begin?
Likely: Will remain briefly
When CSA goes live. Ultimately: Replaced by CSA
Possible carrier
Interventions include:
‐Warning letter
‐Offsite Targeted Investigation
‐Onsite Focused Investigation
‐Onsite Comprehensive
Investigation


Is there a new overall Is there a lawsuit to prevent
Safety Rating for carriers? CSA from going public?
Not Yet. The new Safety Yes. Three industry groups:
•The National Association of Small Trucking Companies
Fitness Determination (SFD) for •The Expedite Alliance of North America
carriers will provide three •Air & Expedited Motor Carriers Association
ratings to carriers: argue that disclosure of the percentile rankings within
•Unfit the Behavior Analysis and Safety Improvement
•Marginal Categories (BASICs) and use of terms characterizing
those rankings amount to a public branding of carriers
•Continue to Operate as less than safe. SMS data in its current form is
unsuitable for use by the public in making decisions
This requires Congressional about a carrier’s safety, and that’s FMCSA’s job anyway,
they argue.
approval and public comment
opportunity. Some industry Source: Commercial Carrier Journal, Mon 11/29/2010.
experts speculate this will not “Groups set to sue FMCSA over CSA disclosure”

occur until 2012.

How is the Cargo BASIC Changing? …and why?
Two key changes to the Cargo BASIC:
• Violation severity weights will be adjusted
• The Cargo BASIC percentile and intervention status
will not be available for public view.

Why? Concern that the BASIC was over‐representing
certain industry segments and potentially creating a
misleading safety alert warning.

Future possibility: Different segments (open deck, etc)



What about “Deficient”? How will Brokers and
Shippers use CSA?
Current: A BASIC above
threshold (or through an investigation)
is labeled “Deficient” in red

Change: A BASIC above
threshold (or through an investigation)
is labeled “Alert” in orange Annette Sandberg says…


Are those new tiered speeding violations in use now?

Tiered Speeding Violations from Vigillo Customers

The Old ISS (ISS-D)
The Inspection Selection System (current: ISS‐D) is the primary tool supported
by the FMCSA for use on the roadside to screen commercial motor
carrier vehicles for inspection. Based primarily on SafeStat SEAs.

75‐100 Inspect: inspection warranted

50‐74 Optional: may be worth a look

1‐49 Pass: no inspection required


The New ISS (ISS-2010)
Goals of the ISS‐2010:
The ISS‐2010 is designed to align the roadside inspection program with CSA. The
primary objectives are:

To identify and target potentially unsafe vehicles operated by carriers that
displayed a pattern of non‐compliance with commercial motor vehicle safety
regulations

To monitor carriers with serious violations discovered during investigations

To prioritize carriers with higher crash risk above carriers with lower crash risk

To focus on carriers that have little or no exposure to the roadside inspection
program

To provide for verification that carrier should have corrected prior identified
problems.

Inspection Recommendations and Values Something
seems
familiar…

75‐100 Inspect: inspection warranted – top priority

50‐74 Optional: inspection warranted – next level priority

1‐49 Pass: inspection not warranted


Carriers with “Serious Violations”
Inspect High Risk Carriers

75‐100 Carriers with Two or Three Deficient BASICs
Carriers with Single Deficient Fatigue BASIC

Optional Carriers with Single Deficient Unsafe Driving BASIC

50‐74 or Crash Indicator
Carriers with Single Deficient Cargo, Drug/Alcohol,
Driver Fitness, or Maintenance BASIC

Pass
1‐49 All other carriers with sufficient data to measure


Serious Violations
New Term from the FMCSA
Found in an investigation in last 12 months
List of 113 violations broken into 2 categories:

One‐Time Occurrence
‐Example: Failing to implement a drug/alcohol policy
Pattern of Occurrence
‐Example: Multiple false reports of record of duty status


High Risk Carriers
Four or more deficient BASICs

OR

Two or more deficient BASICs
AND
Unsafe, Fatigue, or Crash >= 85


Insufficient Data Algorithm

Inspect Carriers “One Away” from sufficient data
Carriers with zero inspections
75‐100 Carriers with low inspection rate

Optional Carriers with high inspection rate
50‐74

Broker / Shipper CSA Impact

Annette Sandberg


Shipper & Broker Concerns
• VICARIOUS LIABILITY: Responsibility for a civil wrong that a supervisor
bears when a subordinate or associate has actually committed the acts that give rise
to the liability

• NEGLIGENT HIRING: Failing to take reasonable care in hiring worker
• NEGLIGENT RETENTION: Keeping a worker on after learning the worker
poses a potential danger

• DUE DILIGENCE: Care or attention to a matter that is sufficient enough to
avoid a claim of negligence, though not necessarily exhaustive

• REASONABLE CARE: The degree of caution and attention to possible dangers
that an ordinarily prudent and rational person would use in similar circumstances


Shipper & Broker Expectations

Schramm v. Foster
• $23.7 million judgment
• Driver is agent for shipper/broker

What is expected of the shipper?
• Contract
• Controls
• Due diligence

What is reasonable?
• Public records review
• Minimum contractual standards


Shipper & Broker:
Recommendations for Carriers


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