Module 6: Truck Driver Safety & Compliance : The Role of Shippers & Receivers

1. Module 6: Truck Driver Safety & Compliance: The Role of Shippers & Receivers

2. Thanks for viewing this presentation! Purposes: • Review the fundamentals of commercial driver fatigue, alertness, & health • Enlist shipper, receiver, & broker support for improved driver rest and Hours-of-Service compliance • Foster a team approach to commercial driver compliance, safety, & health

3. Problems • CMV drivers face multiple fatigue management and related health challenges. • HOS compliance is essential. • CMV drivers often treated as the “elastic band in the supply chain link.” • This elevates crash risks and also leads to operational inefficiencies.

4. North American Fatigue Management Program (NAFMP) Goals • Develop guidelines, materials and tools for motor carriers to reduce driver fatigue • Provide driver education & training • Facilitate medical screening and related support • Improve driver scheduling & dispatching • Fully involve all levels of company management, staff, drivers, and family members • Sensitize shippers, receivers, & brokers to driver fatigue concerns • Improve shipper, receiver, & broker practices relating to driver fatigue

5. Overview of NAFMP Training Program

6. Module 6 Overview Fatigue Basics • Alertness, Sleep, Wellness, & Safety • Fatigue-Related Crashes • Factors Affecting Alertness & Fatigue Driver Rules & Challenges • Hours-of-Service (HOS) Rules • Drivers’ Fatigue Management Challenges Fatigue Management Solutions • Transport Safety Team Concept • Industry Guidelines & Standards • Specific Best Practices Drivers Carriers Fatigue Management Driver Families Shippers & Receivers

7. Fatigue Basics

8. Alertness, Fatigue, & Wellness • What is alertness?Alert = awake + attentive • What is driver fatigue? • Decreased alertness, attention, and capacity to perform • Drowsiness or sleepiness • Not the same as physical exhaustion • What is wellness?Wellness = physical, mental, emotional, & behavioral health

9. Importance of Sleep, Alertness, & Wellness to Safety • Asleep-at-the-wheel is a top cause of crash deaths for CMV drivers • A serious at-fault crash can end a driver’s career • It can put a carrier out-of-business • Litigation may target all parties in the supply chain

10. Fatigue-Related Crashes • Usually single-vehicle road departures • Driver alone • Peak risk: 2:00am to 7:00am • Usually serious crashes • Usually associated with insufficient sleep and/or long work hours

11. Threat to Drivers • National Transportation Safety Board (NTSB) study of 182 fatal-to-the-driver large truck crashes • In-depth investigation revealed fatigue to be a principal cause in 31% • Speeding and other causes often contributed • Fatigue was the biggest single cause • In 2010, more than 500 U.S. truck drivers died in crashes

12. Fatigue Crash Costs • FMCSA estimates total societal cost of an average tractor-semitrailer crash to be $181,000 • Compared to the average crash, truck driver fatigue crashes are: • Twice as likely to result in injuries • More than twice as severe overall • Therefore, average overall cost of a truck driver fatigue crash is likely to be > $350,000

13. Crash Litigation • Catastrophic crashes often result in litigation • Shippers and brokers, especially those with “deep pockets,” may be brought into lawsuits by plaintiff attorneys • Testimony may address loading practices, treatment of drivers, delays, route or delivery requirements, etc.

14. Fatigue Factor: Amount of Sleep • Last main sleep period (e.g., last night) • Previous sleep periods (e.g., previous nights) • Naps

15. Cumulative, Progressive Effects of Different Amounts of Sleep on Performance

16. Naps • Extremely beneficial – beston-road countermeasure to drowsiness! • Even a short, 20-minute nap can greatly improve alertness and performance for hours afterwards • NASA study of airline pilots found that planned naps reduced subsequent dozing by 50% and errors by 34%

17. Daily Circadian Rhythm • Physiological • Controlled by the brain • Virtually all animals • Resistant to change (e.g., jet lag) • Occur even if you get plenty of sleep • Affected by light & dark

18. Daily Circadian Rhythm

19. Time Awake • “16-Hour Rule” – nature’s Hours-of-Service (HOS) rule • One study compared alertness effects of long times awake to that of alcohol (BAC): • 17+ hours awake ≈ 0.05% BAC • 24+ hours awake ≈ 0.10% BAC 16 HOURS AWAKE

20. Time Working & Driving • Studies show increased crash risks associated with longer hours driving • Longer working and driving hours also associated with excessive time awake • Trucks in Fatal Accidents (TIFA)study found the fatigue-related crash percentage increased 7-fold when driversdrove beyond their legaldriving-hour limit

21. Other Factors Affecting Alertness • Individual differences in susceptibility • Traffic • Monotony • Weather conditions • Environmental stress(heat, noise, vibration) • Social interaction • Caffeine

22. Driver Rules & Challenges

23. Key U.S. HOS Rules for Truck Drivers • 14-hour “driving window” • 11-hour driving limit • 10-hour minimum off-duty period • 10 continuous hours or • 8-2 split in sleeper berth • Weekly limits; no driving after: • 60 hours on-duty in 7 consecutive days • 70 hours on-duty in 8 consecutive days • 34-hour “restart”

24. Key Canadian HOS Rules • Daily 16-hour “driving window” • Daily 14-hour work limit • Daily 13-hour driving limit • Daily 10-hour minimum off-duty period • 8 continuous hours, plus 2 additional hours taken in periods of >30 minutes • More flexible 10-hour splits for team drivers. • Weekly limits: • 70 hours in 7 consecutive days; 36-hour “restart” • 120 hours in 14 consecutive days; 72-hour “restart”

25. HOS as a Fatigue Countermeasure HOS Compliance: • Affords drivers the opportunity for obtaining sufficient sleep and for other healthful behaviors. • 10-hours off-duty  7-8 hours sleep • Tours-of-duty within nature’s “16 hours awake rule” • 11-hour driving rule (13 in Canada) limits time driving • Weekly limits permit rest and recovery on days off

26. Driver Fatigue Management Challenges (1 of 2) • Often a tight schedule for getting main sleep • Extended work hours(+ commuting for many) • Changing work schedules • Work/sleep periods conflict with circadian rhythms • Driving “windows” mean every minute counts

27. Driver Fatigue Management Challenges (2 of 2) • Unfamiliar or uncomfortable sleep locations • Disruptions of sleep • Limited opportunities for exercise • Difficulty in finding healthy foods on the road • Environmental stressors (e.g., noise, heat, cold, lack of ventilation)

28. Truck Rest Parking: Availability & Quality Percent of surveyed drivers answering “always” or “frequently”: • Find space at truck stop: 34% • Find space at public rest area: 11% • Facilities are adequate: 51% +Most truck ventilation systems require vehicle idling, which more and more locations are restricting

29. Customer-RelatedFatigue Management Challenges • Limited access to parking & comfort facilities • Schedule pressure • Excessive loading/unloading delays

30. Limited Access to Parking & Comfort Facilities • Some shippers/receivers do not permit CMV drivers to take off-duty periods in their lots • This may force them to park on nearby shoulders and ramps • Some shippers/receivers do not allow drivers full access to comfort facilities (restrooms, lounges, and lunch rooms)

31. Schedule Pressure (1 of 2) • Delivery schedules can be set by shipper and receiver prior to broker, carrier, or driver involvement • Delivery deadlines can be based on unrealistic time estimates, or “best case scenarios” • Carrier must decide whether to accept tight schedule or forego the load • Shipper-carrier contracts may contain strict performance requirements, such as 98% or greater on-time deliveries; principals are hesitant to request revised deadlines

32. Schedule Pressure (2 of 2) • Stringent delivery requirements may incent unsafe driver actions such as: • Continuing to drive when fatigued • Violating HOS rules • Unsafe speed • Driver expected to be the “elastic band” in the supply chain • Problem exacerbated if shipper specifies shorter but slower travel route

33. Excessive Loading/Unloading Delays (1 of 2) • Driver detention at shipper/receiver locations is a colossal problem • Annual costs estimated at $3 Billion per year for industry and $6.5 Billion for the overall economy • Lost driver time exacerbates the driver shortage • Most driver pay is by the mile, so lost time can lead to driver frustration and haste • Delays can lead to HOS violations, which puts carriers at-risk financially and legally

34. Excessive Loading/Unloading Delays (2 of 2) • U.S. Government Accountability Office (GAO) Study: • 68% of surveyed drivers detained more than 2 hours in past month (some more than 8 hours!) • Of drivers detained: • 80% said it affected their HOS compliance • 65% lost revenue due to delay • Only 35% were compensated financially • Texas Transportation Institute: True cost of truck delays = $80 to $121 per hour

35. Sources of Loading/Unloading Delays • Inadequate facility capacity or equipment • Product not ready for shipment • Slow service by facility staff • Scheduling practices or priorities; e.g., truck trailer used as supplemental warehouse • Other factors

36. Even Small Delays Can Have Big Consequences! • Delayed driver who runs out of work shift hours must take 10 hours off-duty before proceeding • Driver who runs out of weekly hours must take “weekend” (34 hours in the U.S., 36 or more in Canada) before re-starting • HOS violations count against both carriers & drivers • All parties are harmed: shippers, receivers, brokers, carriers, & drivers

37. Most Vulnerable: Small & Independent Carriers • Less likely to: • Have established trip transit time standards • Charge detention fees • Have systematic procedures and/or technologies (e.g., EOBRs) to address problem • Less able to: • “Drop and hook” trailers • Adjust schedules (e.g., switch dispatches) • Absorb $ losses

38. Fatigue Management Solutions

39. Transport Safety Team Fatigue Management Drivers Carriers

40. Transport Safety Team Fatigue Management Drivers Carriers Driver Families

41. Transport Safety Team Carriers Fatigue Management Drivers Driver Families Shippers, Receivers, & Brokers

42. TCA/NITL Code of Ethics • Established in early 2000s by the Truckload Carriers Association (TCA) and the National Industrial Transport League (NITL) • Voluntary guidelines (not a prescriptive standard or legal requirement) • 29 shipper/receiver and 25 carrier/driver guidelines • Often incorporated by reference into carrier-shipper contracts • Has not solved all problems but has increased mutual understanding and cooperation

43. Selected TCA/NITL Guidelines for Shippers & Receivers • Cooperate with carrier in establishing reasonable transit time requirements so carriers can comply with driver HOS regulations and speed limits. • Provide for prompt loading/unloading of trucks that arrive within the scheduled time. Do not unreasonably refuse to reschedule appointments if circumstances change. Cooperate in loading/unloading trucks that arrive early or late or without an appointment. • Maintain reasonable hours for loading and unloading. • Provide drivers access to safe, clean, and well-lit restrooms, water and other comfort facilities.

44. Selected TCA/NITL Guidelines for Carriers & Drivers • Quote transit times that can clearly be achieved within driver HOS regulations and prevailing speed limits • Keep scheduled appointments or call ahead to request a changed appointment • Operate company in accordance with DOT safety, insurance, and other regulations to minimize risk to carrier, shipper, receiver, driver, and public • Give clear instructions to drivers as to service and contract requirements expected by shippers and receivers

45. Chain of Responsibility? • Drivers and carriers principallyresponsible for HOS compliance or non-compliance • Receivers, shippers, and brokersmay also contribute by their policies and actions • Australia has implemented a “Chain of Responsibility” principle into law: All who bear responsibility for conduct which affects compliance should be made accountable for failure to discharge that responsibility

46. Canadian Regulation Regarding Shipper/Receiver Responsibilities • HOS Section 4d:No motor carrier, shipper, consignee or other person shall request, require or allow a driver to drive and no driver shall drive if . . . the driver . . . would not be in compliance with these [HOS] Regulations.

47. Vicarious Liability:Potential Concern for Shippers & Brokers • Plaintiff attorneys could attempt to hold shippers and brokers liable for truck crash damages. • Vicarious liability: legal doctrine that potentially “places responsibility with one person for the failure of another, with whom the person has a special relationship . . . “ • Even successful legal defenses can be extremely expensive.

48. Pending U.S. Legislation H.R. 756, introduced in the House of Representatives on Feb. 17, 2011, directs the Secretary of Transportation to: • Study the detention of commercial drivers by shippers and receivers • Prescribe maximum hours a driver can be detained without compensation • Prescribe penalties for violations

49. Realistic Trip Schedules • Start with better communication among all parties • Pre-set standard and acceptable delivery times when possible • Cut some slack! Unexpected delays should be expected! • If loading is delayed, delivery will likely be delayed; perhaps by >10 hours • Travel routes should maximize use of Interstates and other freeways

50. Reduce Loading/Unloading Delays • Carrier manager survey: reducing loading/unloading delays rated most important of 17 safety-related operational practices • Both parties should respect appointment times and plan accordingly • Embrace two hours as the expected loading/unloading time • Detention fees for waits of more than two hours are becoming a standard practice • Consider physical upgrades to facility