Comprehensive Safety Analysis 2010 Update

Arkansas Trucking Association Safety Management Council

Don Holman, Tyson Foods, Inc.

Corporate Director of Transportation Safety

January 10, 2008

Presentation Overview

Slides

• National Turkey Federation & National Chicken Council 11/1/06• CVSA Presentation, 9/18/07• Slides and overview of presentations• Why should we be concerned and involved?• Shuffle the deck, but pass out the same cards• BASICS (double weight/due process?)• What we don’t know might hurt us (intervention)• Bring on the lawyers• Questions, and possible answers

November 1, 2006

7 Basics

Shuffle the deck, but pass out the same cards

(Is there a joker in this deck?)

• Unsafe driving (stand alone – double weight) Part 392• Fatigued driving (stand alone – double weight) Part 395• Driver Fitness, Part 391• Controlled substances and alcohol, Parts 382 & 40• Vehicle maintenance, Part 396• Improper loading, cargo securement, hazmat operations, Part 392• Crashes (frequency/severity) State reported crashes

Moving Violation Indicator (MVI)

Moving Violation Data

In calculating the MVI, SafeStat uses moving violations recorded in conjunction with roadside inspections over the last 30 months. There is a minimum number of moving violations per carrier (3 or more) required for SafeStat to consider the data sufficient. SafeStat uses the following data elements from roadside inspections in its calculations of the MVI:

Number of Moving Violations Date of Moving Violation

Moving Violations are identified as follows:

Cite # Moving Violation

392.2C Failure to obey traffic control device

392.2FC Following Too Closely

392.2LC Improper Lane Change

392.2P Improper passing

392.2R Reckless Driving

392.2S Speeding

392.2T Improper turn

392.2Y Failure to yield right of way

392.4, 392.4A

Use or Possession of Drugs

392.5, 392.5A

Use or Possession of Alcohol

Interventions

• Warning letter• Targeted roadside inspections (ISS-D in SafeStat)• Off-site Investigation (BIGGEST CONCERN)

Triggered by deficient or worsening BASIC, fatal crash or complaint

• Focused On-Site Investigation• Comprehensive On-Site Investigation• Cooperative safety plan

Intervention ThresholdsWhere is the line?

• FMCSA would establish thresholds for each BASIC to trigger the intervention process and play a role in adverse safety fitness determinations??????

• Off-site investigations (Would involve requests from carrier and third-parties and would be triggered by persistent safety problems, or those severe enough to warrant investigation)

Stand Alone - Double weight (If you were an Enforcement Agency, where would you focus?)

– Unsafe driving – operation of a CMV in a dangerous or careless manner (speeding, reckless driving, improper lane change, inattention.)

– Fatigued driving – non-compliance with HOS regulations (This BASIC is not intended to suggest that the Agency has determined that the driver was actually fatigued)

Intervention(In the Agency’s own words)

• Designed to be progressive – Threshold, one or more basics (unsafe/fatigued driving)

– Important to note that FMCSA and state partners would not necessarily follow this sequence for each carrier

– Instead, factors such as carrier history, level of safety performance, motor carrier characteristics, and INVESTIGATIVE DISCRETION

– Important to note that FMCSA is a Federal Enforcement Agency, and ultimately it is the carriers and drivers responsibility to comply with all applicable safety regulations

– Require areas of essential motor carrier safety management to be subject to sampling of motor carrier records

– THESE DATA COULD IMPACT A CARRIER’S SAFETY FITNESS DETERMINATION

Intervention Continued

Bring on the lawyers

• Notice of violation• Notice of claim• Settlement agreement• Unfit suspension

Conclusion

• Better understand current rules (SafeStat, Safer, CR)

• Need to understand and be active in CSA 2010 process

• What you don’t know, can hurt you (Investigative discretion)