Opinion: Look at Entire Company After a Crash
B>By Peter A. Philbrick Sr.
I>Commercial Vehicle Forensic Investigation Inc.
Proper heavy-vehicle collision investigations should go far beyond looking at the individual driver. The trucking company and its policies are an integral part in the process of putting a safe vehicle and driver out on the road.
A thorough investigation of heavy-vehicle collisions requires detailed knowledge of the requirements that the Federal Motor Carrier Safety Administration’s regulations place upon both the motor carrier and the individual driver. A heavy-vehicle specialist with specialized knowledge, training and experience is often required for a complete understanding of heavy-vehicle collisions.Safety management is an essential component of any trucking operation. Motor fleets without effective safety programs may be guilty of excessive and unnecessary financial risk, regulatory noncompliance and, in my opinion, social irresponsibility.
Understanding a company’s safety program, or lack thereof, can be key to demonstrating why a driver operated the way he did in such areas as improper loading, unsafe driving practices or operating faulty equipment.
A trucking company is unusual in that its employees are entrusted with valuable equipment, are off-site and unsupervised for long periods of time, and yet must comply with a myriad of regulations that closely govern their daily activities. The consequences of non-compliance can be severe, ranging from fines and downtime to vehicular collisions resulting in lawsuits with multimillion-dollar judgments.
It is important to understand that placing a driver behind the wheel means more than just ensuring that the driver has a CDL. Heavy-truck operators are — and need to be — professional drivers. A great deal of knowledge is required to properly evaluate a driver’s level of skill and knowledge and to ensure that the driver is properly qualified and trained to use the equipment entrusted to him.
Hiring and qualifying new drivers, providing continuing training and keeping company employees (drivers, shop personnel and management) up to date on changing policies and regulations require a staff dedicated to safety. Ensuring that proper records are kept and that information on safety and compliance is passed on to the drivers is mandatory.
While trucking companies are not specifically required by federal regulations to have a safety department or safety director, they are ultimately required to comply with the FMCSRs, which cover a variety of issues including, but not limited to, hours of service (Part 395), drug and alcohol testing (Part 382) and driver qualifications (Part 391).
Many companies have a printed safety manual. However, simply reading the manual will not provide a complete understanding of a company’s safety program and policies. Knowing the appropriate questions to ask to determine how well the company’s practices match their policies will provide a better insight into how the company really operates.
For example, FMCSR Part 392.14 gives the driver the discretion to cease operating the vehicle when conditions adversely affect visibility or traction. Company policy and driver handbooks should support this regulation. But what are the real-world consequences for a driver who pulls over because of heavy snow or dense fog and is late delivering his load?
The company’s involvement does not end simply with documentation and policies for drivers. Does the traffic manager arrange pickups and deliveries with an eye to safety?
How does company management achieve a balance between maximizing the productivity of the drivers and allowing enough flexibility in the schedule for unexpected occurrences? These issues will also affect how safely company drivers operate on the road.
Drivers for even the best-run companies have collisions. Both the company’s and the driver’s actions following the collision can reveal a great deal about the company’s commitment to safety.
When a collision does occur, a knowledgeable heavy-vehicle specialist can identify the records the trucking company is required to keep, as well as ancillary documents such as the driver handbook, which will provide a more complete picture of the driver and the employing company Some of these documents include:
lI> Vehicle maintenance records
lI> Driver inspection forms
lI> Logs
lI> Roadside inspection reports
lI> Repair orders
lI> Bills of lading
lI> Toll tickets
lI> Controlled substance/alcohol reports
lI> Safety meeting minutes and attendance sheets
While the driver is often the most visible member of the trucking company, everyone in the company — including management, truck mechanics, dispatch and routing personnel — must be play a part in putting a well-trained driver, operating safe equipment, out on the road.
The author, a certified director of safety and certified driver trainer, was 1996 captain of American Trucking Associations’ America’s Road Team. He now works for Commercial Vehicle Forensic Investigation Inc., Tampa, Fla.
This story appeared in the Oct. 13 edition of Transport Topics. Subscribe today.
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