Module 6 Truck Driver Safety Compliance The Role

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

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 NAFMP | North American Fatigue Management Program Copyright © 2012 2

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. NAFMP | North American Fatigue Management Program Copyright © 2012 3

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 NAFMP | North American Fatigue Management Program Copyright © 2012 4

Overview of NAFMP Training Program Module Audience Module 1: FMP Introduction and Overview Carrier Execs & Managers Module 2: Safety Culture and Management Practices Carrier Execs & Managers Module 3: Driver Education Drivers Module 4: Driver Family Education Driver Families Module 5: Train-the-Trainer for Driver Education and Family Forum Module 6: Shippers and Receivers Trainers Shippers & Receivers Module 7: Motor Carrier Management Sleep Disorders Screening and Treatment Module 8: Driver Sleep Disorders Screening and Treatment Module 9: Driver Scheduling and Tools Carrier Execs & Managers Drivers Dispatchers & Managers Module 10: Fatigue Monitoring and Management Technologies Carrier Execs & Managers NAFMP | North American Fatigue Management Program Copyright © 2012 5

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 Drivers • Industry Guidelines & Standards • Specific Best Practices Fatigue Management Driver Families NAFMP | North American Fatigue Management Program Copyright © 2012 Carriers Shippers & Receivers 6

Fatigue Basics

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 NAFMP | North American Fatigue Management Program Copyright © 2012 8

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-ofbusiness • Litigation may target all parties in the supply chain NAFMP | North American Fatigue Management Program Copyright © 2012 9

Fatigue-Related Crashes • Usually single-vehicle road departures • Driver alone • Peak risk: 2: 00 am to 7: 00 am • Usually serious crashes • Usually associated with insufficient sleep and/or long work hours NAFMP | North American Fatigue Management Program Copyright © 2012 10

Threat to Drivers • National Transportation Safety Board (NTSB) study of 182 fatalto-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 NAFMP | North American Fatigue Management Program Copyright © 2012 11

Fatigue Crash Costs • FMCSA estimates total societal cost of an average tractorsemitrailer 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 NAFMP | North American Fatigue Management Program Copyright © 2012 12

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. NAFMP | North American Fatigue Management Program Copyright © 2012 13

Fatigue Factor: Amount of Sleep • Last main sleep period (e. g. , last night) • Previous sleep periods (e. g. , previous nights) • Naps NAFMP | North American Fatigue Management Program Copyright © 2012 14

Relative Performance Cumulative, Progressive Effects of Different Amounts of Sleep on Performance 9 Hrs in Bed 7 Hrs in Bed 5 Hrs in Bed 3 Hrs in Bed 1 2 3 4 5 6 7 8 Days of Restricted Sleep NAFMP | North American Fatigue Management Program Copyright © 2012 15

Naps • Extremely beneficial – best on-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% NAFMP | North American Fatigue Management Program Copyright © 2012 16

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 • • • NAFMP | North American Fatigue Management Program Copyright © 2012 17

Relative Alertness Daily Circadian Rhythm 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of the Day NAFMP | North American Fatigue Management Program Copyright © 2012 18

Time Awake • “ 16 -Hour Rule” – nature’s Hoursof-Service (HOS) rule 16 HOURS • One study compared alertness AWAKE effects of long times awake to that of alcohol (BAC): – 17+ hours awake ≈ 0. 05% BAC – 24+ hours awake ≈ 0. 10% BAC NAFMP | North American Fatigue Management Program Copyright © 2012 19

Time Working & Driving % of Fatal Crashes Fatigue-Related • 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 fatiguerelated crash percentage increased 7 -fold when drivers drove beyond their legal driving-hour limit Legal Driving Hours NAFMP | North American Fatigue Management Program Copyright © 2012 Illegal Driving Hours 20

Other Factors Affecting Alertness • Individual differences in susceptibility • Traffic • Monotony • Weather conditions • Environmental stress (heat, noise, vibration) • Social interaction • Caffeine NAFMP | North American Fatigue Management Program Copyright © 2012 21

Driver Rules & Challenges

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” NAFMP | North American Fatigue Management Program Copyright © 2012 23

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” NAFMP | North American Fatigue Management Program Copyright © 2012 24

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 NAFMP | North American Fatigue Management Program Copyright © 2012 25

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 NAFMP | North American Fatigue Management Program Copyright © 2012 26

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) NAFMP | North American Fatigue Management Program Copyright © 2012 27

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 NAFMP | North American Fatigue Management Program Copyright © 2012 28

Customer-Related Fatigue Management Challenges • Limited access to parking & comfort facilities • Schedule pressure • Excessive loading/unloading delays NAFMP | North American Fatigue Management Program Copyright © 2012 29

Limited Access to Parking & Comfort Facilities • Some shippers/receivers do not permit CMV drivers to take offduty 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) NAFMP | North American Fatigue Management Program Copyright © 2012 30

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 NAFMP | North American Fatigue Management Program Copyright © 2012 31

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 NAFMP | North American Fatigue Management Program Copyright © 2012 32

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 atrisk financially and legally NAFMP | North American Fatigue Management Program Copyright © 2012 33

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 NAFMP | North American Fatigue Management Program Copyright © 2012 34

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 NAFMP | North American Fatigue Management Program Copyright © 2012 35

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 restarting • HOS violations count against both carriers & drivers • All parties are harmed: shippers, receivers, brokers, carriers, & drivers NAFMP | North American Fatigue Management Program Copyright © 2012 36

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 NAFMP | North American Fatigue Management Program Copyright © 2012 37

Fatigue Management Solutions

Transport Safety Team Drivers Fatigue Management NAFMP | North American Fatigue Management Program Copyright © 2012 Carriers 39

Transport Safety Team Fatigue Management Drivers Carriers Driver Families NAFMP | North American Fatigue Management Program Copyright © 2012 40

Transport Safety Team Carriers Fatigue Management Drivers Driver Families Shippers, Receivers, & Brokers NAFMP | North American Fatigue Management Program Copyright © 2012 41

TCA/NITL Code of Ethics • Established in early 2000 s 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 NAFMP | North American Fatigue Management Program Copyright © 2012 42

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. NAFMP | North American Fatigue Management Program Copyright © 2012 43

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 NAFMP | North American Fatigue Management Program Copyright © 2012 44

Chain of Responsibility? • Drivers and carriers principally responsible for HOS compliance or non-compliance • Receivers, shippers, and brokers may 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 NAFMP | North American Fatigue Management Program Copyright © 2012 45

Canadian Regulation Regarding Shipper/Receiver Responsibilities • HOS Section 4 d: 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. NAFMP | North American Fatigue Management Program Copyright © 2012 46

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. NAFMP | North American Fatigue Management Program Copyright © 2012 47

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 NAFMP | North American Fatigue Management Program Copyright © 2012 48

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 NAFMP | North American Fatigue Management Program Copyright © 2012 49

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 NAFMP | North American Fatigue Management Program Copyright © 2012 50

“Driver-Friendly” Queuing Practices • Most demoralizing: physical cues where drivers must be continuously ready, but without knowing when they are up • When possible, assign waiting drivers time slots so drivers may take sleeper berth periods, naps, or just rest • Don’t disturb drivers who are taking mandatory off-duty or sleeper berth periods • Allow drivers access to comfort facilities • Set and maintain loading/unloading standards NAFMP | North American Fatigue Management Program Copyright © 2012 51

Off-Hour Parking Access • Appreciate the difficulties drivers face in finding places to park and sleep • Consider allowing off-hour parking access to yard areas • May require security changes – Combination-operated gate lock – Upgraded building security NAFMP | North American Fatigue Management Program Copyright © 2012 52

Conclusion