The Commercial Vehicle Safety Alliance (CVSA) has scheduled this year’s road check for May 4-6. Over this three-day period, there will be a blitz of inspections over North America. Last year, the CVSA conducted over 50,000 inspections with over 25%, 1 out 4 vehicles, removed from the road with out of services. These out of services have a great effect on the cost of your CMV insurance.

The attached article goes into greater depth of the four levels of roadside inspections: click here to access

 

• Level I most comprehensive, 37 steps including the vehicle and driver’s operating requirements
• Level II Inspection of the vehicle without getting underneath
• Level III a complete review of the driver requirements along with cargo and record of duty status
• Level IV everything from Level I without the driver present

 

Last year’s focus was on driver’s requirements, this year will be lighting and hours of service compliance. Last year these two areas accounted for the majority of the violations issued.

 

From an insurance perspective, underwriters that are pricing your commercial auto, umbrella and cargo policies review your Company Snapshot looking for, not only out of services, but also violations. Even though you have a great control over your DVIRs and driver logs, whether electronic or manual, you are bound to get an out of service or violation especially if you are operating a fleet of power units.

 

Our job as your broker is to help you analyze trends in violations by type, vehicle and driver then construct a strategy to help minimize. Equally important is to fully explain to the underwriter(s) the effort that you have undertaken to help minimize. Call us and as ask for our #TruckCenter to help you take control over your insurance costs.

 

We value you and your business. Your Business First…

If you have not posted your OSHA 300A you are late, but hopefully not sorry.

This is nothing but good defense just in case a disgruntled employee drops a dime or OSHA comes knocking on your door. OSHA 300A is your best defense.

I have included the OSHA 300A form as a pre fill doc along with instructions.

It may appear to be a daunting task but really it should take you a small amount of time to complete. Then simply hang it where everyone can see it and keep it up until April 30th .

Don’t think you are exempt, because you’re not, get this posted.

And unlike a seagull that will fly in, poop and leave…..I am here to answer any of your questions.

Continue reading OSHA Form 300A Posting

This question is an important one to ask each year. The passing of years can affect the cost of rebuilding your home or replacing your vehicle. 

Massachusetts Auto Coverage

ATTENTION ALL DRIVERS IN MASSACHUSETTS. Even if you have been driving since you were 16 and have never needed to file a claim. One day you slide on ice/snow and have an accident.

In Massachusetts, an incident like this could end up causing thousands of dollars in damage. If you have collision coverage with a manageable deductible as well as rental car coverage, you’ll most likely end up facing far less financial strain than if you were underinsured or had no physical damage coverage on your vehicle. In Worcester alone, there was over 2,000 accidents in 2020. To check out your Massachusetts crash statistics click here 

Massachusetts Homeowners Coverage

Our Massachusetts homeowners take pride in home ownership. In Worcester County, 67% own homes. That is higher then the national average. Massachusetts and Worcester County deal with severe weather, sometimes unpredictable weather. Worcester County has heavy snow, flooding rainfall, ice damage and the occasional tornado. It is important to make sure you are completely covered.

As for, homeowners insurance, imagine you have a total loss of your home and you do not have any extended replacement cost on your home, you want to make sure your policy would cover the rebuilding costs no matter what.

Massachusetts Umbrella Coverage

Looking for the extra layer of security?  An umbrella policy can give you just that! Chances are slim that you will lose a lawsuit for a sum greater than what your existing insurance will pay, but if you ever did find yourself in that situation, you could lose all your savings. Even the most careful person with the best intentions can end up on the hook for a huge judgment from a personal liability lawsuit. While you’re unlikely to find yourself in this situation, it’s still smart to protect yourself against such a devastating financial loss. Umbrella insurance can help you do that.

Personal automobile policies in Massachusetts may limit coverage for bodily injury at $35,000 per person and $80,000 per accident, and for property damage at $5,000 per accident.  You may be able to purchase additional coverage, but it may only be limited to accidents associated with your automobile or boat

 

Upcoming or Recent Changes

Things in Massachusetts and Worcester County are looking up every day. Life will get back to normal before we know it. With normalcy, comes change. Remember, life events like getting married, moving, and when a teen starts driving can all affect your coverage needs and options. Knowing you have the right policy can help bring peace of mind as well as better financial security.

As 2021 gets going, reach out to make sure you’re adequately covered this year. Don’t wait, CONTACT US today to find out how we can save you money and keep you covered.

The Occupational Safety and Health Administration (OSHA) requires employers subject to its recordkeeping requirements to post copies of their OSHA Form 300A between February 1 and April 30 of each year.

The OSHA Form 300A, also known as the “Summary of Work-related Injuries and Illnesses,” must be completed by February 1 using data from the previous calendar year.

As a reminder, OSHA’s recordkeeping requirement does not apply to employers

with 10 or fewer employees, or to employers that are in a partially exempt industry.

Employer Action Steps

On February 1, employers subject to OSHA recordkeeping requirements must ensure that copies of their completed Forms 300A are posted in each of their establishments. The form must be displayed in a conspicuous place or places where notices to employees are customarily posted.

Until April 30, these employers must also ensure that their Form 300A postings remain in place and are not altered, defaced or covered by other material.

Employers should retain their OSHA 300 log, the privacy case list (if one exists), the annual summary and the OSHA 301 incident report forms for five years following the end of the calendar year that these records cover.

Annual summaries must be posted in each establishment in a conspicuous place or places where notices are customarily posted

 

We can help you with this. Contact us today.

More than 50,000 North American Standard Level I, II, III and V Inspections were conducted throughout Canada, Mexico and the United States during the most recent Commercial Vehicle Safety Alliance’s (CVSA’s) annual International Roadcheck. This inspection and enforcement initiative highlights the work of 13,000 commercial motor vehicle inspectors throughout North America and acknowledges the compliance of motor carriers and professional drivers through the issuance of a CVSA decal on eligible vehicles.

In total, 50,151 inspections were conducted in 2020 during the three-day period, with nearly 13,088 CVSA decals issued. However, 12,254 vehicles were removed from the roadways for out-of-service violations, and 3,247 drivers were deemed unfit to perform their duties.

Out-of-service violations mean that either the inspected vehicle or driver will not be allowed to perform their duties until the violations in question are resolved. Out-of-service violations can affect motor carriers’ Compliance, Safety and Accountability (CSA) scores and their Safety Fitness Determination (SFD) ratings.

 

CVSA Inspection Specifics

The 50,151 inspections were classified as one of three different North American Standard (NAS) levels:

1. Level I inspections consist of 37 steps, including an examination of commercial vehicles‘ mechanical fitness and of drivers’ operating requirements.
2. Level II inspections generally include everything that can be checked without getting physically under the vehicle.
3. Level III inspections include a review of driver requirements, such as a commercial driver’s license (CDL), vehicle documentation, cargo, record of duty status and other requirements.
4. Level V inspections are equivalent to the Level I NAS inspection, except for the drivers are not present. These normally occur after an incident or arrest.

Of the 50,151 inspections conducted, 26,451 were Level I, 11,224 were Level II, 11,364 were Level III and 1,112 were Level V.

The 72-hour inspection and enforcement highlights the daily work of more than 13,000 commercial motor vehicle inspectors throughout North America.

The CVSA places a different emphasis on the International Roadcheck each year. The specific focus in 2020 was on driver requirements, which includes:

1. Violations for driver’s age
2. Commercial drivers’ license or operator’s/chauffer’s license or permit
3. Medical/physical requirements
4. Record of duty status
5. Sickness or fatigue
6. Intoxicating beverage, drugs and other substances

In total, there were 3,247 out-of-service violations.

Most Common United States Violations

The three most common out-of-service vehicle violations in the United States that occurred during the International Roadcheck inspections accounted for almost three-fourths of all such results:

1. Braking systems—2,716 (25.4%)
2. Tires—2,102 (19.7%)
3. Lights—1,476 (13.8%)

Meanwhile, the three most common United States violations that resulted in a driver being put out-of-service made up more than three-fourths of the total:

1. Hours of service—999 (32.5%)
2. Other (e.g., moving violations, cellphone use)—694 (22.6%)
3. Wrong class license—683 (22.2%)

Other CVSA Inspection Numbers

During the three days of checks, of the 33,714 Level I and Level II Inspections conducted in the United States, 2,288 CMVs carrying hazardous materials and/or dangerous goods were inspected. These consisted of standard Level I inspections as well as checks for compliance of shipping papers, placarding, marking, labeling, packaging and loading.

Of these inspections, the total number of out-of-service violations in the United States was 173. There was a 12% out-of-service rate for vehicles and 1.4% out-of-service rate for drivers. The most common violations among vehicles carrying hazardous materials and/or dangerous goods were:

1. Loading—89 (51.4%)
2. Shipping papers—38 (22%)
3. Placarding—34 (19.7%)

Of the 50,151 total inspections, the overall out-of-service rate in North America for Level I, II and V inspections combined was 20.9%.

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Anastasi Insurance Agency knows how hard you work and how important the trucking industry is to our country.

Our Truck Team is here to help you in both these areas – Call me for an evaluation

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Workers’ Compensation Trends to Watch in 2021

Not only is workers’ compensation coverage required in most states, but it also plays a major role in connecting injured employees to the care they need to return to work as quickly and safely as possible. That’s why it’s crucial for your organization to develop an effective workers’ compensation program.

To ensure a successful program, it’s important to stay up to date on the latest workers’ compensation trends. In doing so, your organization will have the information needed to respond appropriately and make any necessary workers’ compensation program adjustments.

Don’t let your organization fall behind in this evolving risk landscape. Review the following guidance to learn more about workers’ compensation trends to watch in 2021.

The Effects of COVID-19

As the coronavirus pandemic continues, many employers have had to make a wide range of organizational adjustments—such as going remote, changing employees’ roles, implementing lay-offs or furloughs, or temporarily halting operations. 

These adjustments, depending on which state you are in, could be subject to various workers’ compensation-related reporting changes, as well as potentially impact your organization’s premium costs and experience modification factor. This is because your workplace risks and safety exposures have likely changed due to such adjustments. Be sure to consult legal counsel for additional, state-specific guidance on the impact of such adjustments.

Your organization should also prepare for workers’ compensation claims related to COVID-19 exposure. Generally, in terms of COVID-19, claims are evaluated on a case-by-case basis, and coverage may be triggered if both of the following are true:

• The illness in question arises out of the course and scope of employment.
• The illness in question arises out of or is caused by job-specific conditions and not an ordinary disease of life (e.g., the common cold) to which the general public is exposed.

Keep in mind that every claim is different. When it comes to compensability, you’ll need to evaluate what jobs or tasks an employee was performing when they were exposed to COVID-19. Additionally, states are going to have different thresholds for COVID-19 compensability. Some states may have more general language regarding workplace illnesses, and communicable and contagious diseases in their statutes, while others have issued specific guidance on COVID-19 claims. 

Specifically, a number of states have enacted legislation and issued executive orders that expand workers’ compensation coverage for certain employees (e.g., health care workers and first responders). In particular, some states have created new rules regarding COVID-19 presumptions. A presumption describes the conditions in which an employee’s injury or illness is presumed to have happened on the job and should be compensated. Be sure to track your specific state’s developments regarding the interaction between COVID-19 cases and workers’ compensation claims. 

In any case, it’s important for your organization to implement workplace health and safety measures to help protect your staff from COVID-19 exposure and limit the likelihood of related claims. Further, review guidance from your state workers’ compensation board and speak with an insurance professional to learn more about how your coverage may or may not respond to COVID-19 claims.

The Adoption of Telemedicine

The coronavirus pandemic has certainly contributed to an acceleration in the adoption of telemedicine within the workers’ compensation realm. However, workplace health and safety experts anticipate that telemedicine will remain a key offering even after the pandemic subsides.

Telemedicine allows employees to receive medical services virtually after they’ve been injured on the job. Examples of telemedicine in action may include video consultations with care providers following an injury (allowing for a virtual evaluation and diagnosis) and text message alerts that remind the recovering employee of treatment steps or upcoming appointments. 

Telemedicine can be useful in situations where medical care isn’t easily accessible to staff, such as: 

• When an injury occurs during an overnight shift and most treatment facilities have closed
• If your workplace is located in an area where there are limited care facilities nearby
• If your organization frequently conducts work off-site—making care availability unpredictable

Telemedicine is also an increasingly viable option to help staff avoid the risks of in-person visits or having to navigate adjusted clinic schedules during the coronavirus pandemic.

In addition to providing employees with easy access to medical care following an injury, utilizing telemedicine can offer a variety of key benefits to your workers’ compensation program. This includes transportation and time savings by limiting physical trips to the doctor, simplified access to medical specialists and improved recovery capabilities for injured employees—minimizing treatment delays.

Further, the combination of these benefits can, in turn, help reduce your organization’s overall workers’ compensation claim costs—limiting the need for in-person treatment while still ensuring quality care and a speedy recovery. 

However, keep in mind that telemedicine is not a universal care solution for all workplace injuries. This offering only applies to non-urgent situations. In-person treatment will always be necessary in the event of an emergency. Even in non-urgent situations, telemedicine may still need to be combined with in-person treatment.  

The Impact of Mega Claims

Another trend that has become a costly issue in the realm of workers’ compensation is the surge in mega claims. These are exceptionally large claims—totaling $3 million or more in incurred losses. 

In regard to workers’ compensation, these claims typically stem from employees experiencing severe (and possibly permanent) injuries on the job. While the causes of these injuries vary, mega claims are usually attributed to falls, motor vehicle accidents and struck-by incidents. In some cases, however, mega claims can develop slowly—particularly when caused by minor injuries that go untreated.

Mega claims are not only expensive, but often lengthier and more complex in nature. Such claims can leave lasting impacts on your organization by way of hefty costs, lost time and the potential for severe reputational damage. 

What’s more, mega claims have become a rising concern in the past decade. In fact, according to a recent study conducted by the National Council on Compensation Insurance (NCCI), these claims have reached a 12-year high—increasing in both frequency and severity. This increase has been attributed to several possible factors, such as changes in mortality patterns, medical advances and a rise in health care costs.

Despite their devastating impact, mega claims may be preventable in some instances. To combat such claims, it’s critical to ramp up your safety efforts—particularly when it comes to preventing falls, motor vehicle accidents and struck-by incidents.

The Rise in Comorbidities

The rising concern of comorbidities has also become a recent workers’ compensation trend. Put simply, a comorbidity is the simultaneous presence of two or more medical diagnoses for an individual.

Comorbid conditions are typically long-term health complications that have the potential to increase the severity of other injuries or illnesses that the affected individual may experience, making it more difficult to fully recover. Common comorbid conditions include obesity, diabetes, hypertension, depression, anxiety and substance abuse.

According to a study conducted by the NCCI, workers’ compensation claims involving comorbidities have nearly tripled since 2000. Further, the average cost of workers’ compensation claims connected to a comorbid condition is almost twice as much as that of comparable claims that don’t involve comorbidities. 

This increase in workers’ compensation costs is likely tied to the often complex, long-term nature of claims that involve comorbidities. After all, individuals who have comorbid conditions typically take longer to heal from an injury, are more prone to develop additional complications due to an injury and are even at an increased risk of being left permanently disabled by an injury. 

To combat the potential impact of comorbidities, many employers have found success by implementing wellness initiatives. In other words, if your organization takes the time to address chronic health conditions and improve the overall well-being of your staff, you could reduce the severity of workers’ compensation claims and maintain low comorbidity rates overall.

The Concern of Key Labor Trends

In recent years, filling jobs with experienced workers has been a challenge for organizations across industry lines due to ongoing labor shortages. As a result, many employers have begun hiring a larger number of inexperienced workers. However, such a practice comes with workers’ compensation risks. 

In fact, according to a recent survey conducted by the Golden Triangle Business Roundtable in Texas, employees with less than five years of experience contribute to 43% of overall workplace injuries. This is likely because inexperienced workers often lack years of safety training and may be more willing to take unnecessary risks. 

In addition to a rise in inexperienced employees, the past decade has also brought on an aging workforce. According to the U.S. Bureau of Labor Statistics, the share of employees over the age of 55 in the labor force is expected to increase to nearly 25% by 2024 (up from 21.7% in 2014). Such a statistic is notable, as the cost of workers’ compensation claims generally increases as employees age. After all, because health typically diminishes with age, the impact of minor injuries can be more severe for older workers—taking them longer to fully recover. 

Furthermore, age-related changes and declines can include a shorter memory, slower reaction times, a decline in vision and hearing, or a poor sense of balance. These limitations can lead to many injuries for older workers, including falls caused by poor vision or a slowed reaction time, sprains and strains due to a loss of strength or balance, and injuries from repetitive tasks.

These trends emphasize how crucial it is for your organization to promote a safe working culture and prioritize injury prevention. Specifically, be sure to conduct routine safety training for all employees and implement effective workplace safety policies.

The Results of Marijuana Legalization

Following the 2020 election results, medical marijuana is now legal in 36 states, and recreational marijuana is now legal in 15 states. In response, your organization will need to review changes to your state’s legislation (if any) and adjust your workers’ compensation program accordingly. 

In terms of medical marijuana, very few prescription drugs that are approved by the U.S. Food and Drug Administration (FDA) and contain marijuana exist on the market. And because doctors are only permitted to prescribe FDA-approved drugs, the actual prescription of medical marijuana for treatment is rare. That being said, if your state has legalized medical marijuana, it is best to consult legal counsel to ensure that your workers’ compensation program supports compliant treatment options.

In regard to recreational marijuana, it should be treated similarly to alcohol usage in the workplace. That is, it should be prohibited during work hours, as it can hinder employees’ abilities to perform tasks safely and increase the likelihood of injuries—contributing to workers’ compensation claims. 

We’re Here to Help

You don’t have to respond to this changing risk landscape alone. We’re here to help you navigate these trends with ease. For additional workers’ compensation resources, risk management guidance and insurance solutions, contact us today.

 

When it comes to managing a fleet, there’s a lot to consider. Not only do you have to ensure every vehicle under your care is safe and operational, but there are also specific Federal Motor Carrier Safety Administration (FMCSA) requirements you must follow in order to remain compliant and avoid potential fines. One complex and often overlooked requirement relates to driver qualification (DQ) files.

DQ files are critical documents motor carriers  are required to develop and maintain by law. These documents serve as proof that motor carriers are hiring qualified drivers and that those drivers are legally fit for the road throughout their years of service. 

Motor carriers must have a DQ file for each one of their drivers—including owner/operators—regardless of how many drivers they have in their fleet. The FMCSA has very specific guidelines on the types of information carriers need to have in DQ files as well as how often that information needs to be reviewed. Failing to maintain DQ files as required by the FMCSA can trigger fines, audits or even lead to your business being placed out of service.

Further complicating matters, record retention is a common area of confusion when it comes to DQ files. Some aspects of your files are permanent, while others need to be updated on a continuous basis. Ensuring that your organization has DQ files in good standing for all of your drivers will save you valuable time and—most importantly—protect you should a claim be brought against one of your drivers.

This guide is meant to provide a general overview of DQ files, highlighting what you need to have on hand for each of your drivers and how long you must retain those documents.

 

Table of Contents

Introduction 2

Components of a DQ File 4

Permanent Files 6

Driver’s Application for Employment 6

Driver’s Road Test Certificate or Equivalent 6

Inquiry to Previous Employers: Safety Performance History Records Request 7

Safety Performance History Records: Driver Correction or Rebuttal 7

Inquiry to State Agencies for Three-year Driving Record (MVR) 8

Pre-employment Drug and Alcohol Documents 8

Pre-employment Testing 9

Permanent Files (Situational) 9

Documents to Review 10

Inquiry to State Agencies for Driving Record and MVR Review – Annual 10

Driver’s Certification of Violations – Annual 10

Medical Examination Report and Medical Examiner’s Certificate 10

Verification of Medical Examiner Listing 10

Going One Step Further 11

Appendix 12

 

To download this guide [A Guide to Creating and Updating Driver Qualification Files_]

 

Owner-Operator’s First Alcohol and Drug Clearinghouse Query Deadline Approaching

The Federal Motor Carrier Safety Administration’s (FMCSA) Drug and Alcohol Clearinghouse rule requires employers to monitor employees’ drug and alcohol violations. Employers must have drug and alcohol violation queries pulled from the Drug and Alcohol Clearinghouse by Jan. 6, 2021.

The rule applies to employers and commercial driver’s license (CDL) drivers. The FMCSA considers owner-operators as both employers and employees, so they must conduct queries on themselves as well.

The FMCSA Drug and Alcohol Clearinghouse is an online database that allows employers to conduct queries on prospective and current CDL drivers. Queries are electronic checks used to determine whether CDL drivers are prohibited from performing safety-sensitive functions due to unresolved drug and alcohol program violations.

Clearinghouse Requirements

According to the FMCSA Clearinghouse fact sheet, employers must “report drug and alcohol violations and check that no current or prospective employee is prohibited from performing safety-sensitive functions, such as operating a CMV, due to a drug and alcohol program violation for which a driver has not successfully completed a Return-To-Duty (RTD) process.”

In turn, CDL drivers must “review their own records, provide consent to employers to access their records under the drug and alcohol program and select a substance abuse professional, if needed.”

Next Steps for Owner-operators

Initially, owner-operators will need to register on the FMCSA registration website to create a portal account, designate a consortium/third-party administrator (C/TPA) and have the C/TPA conduct a query by Jan. 6. Failure to complete a query could expose owner-operators to a fine.

Thereafter, owner-operators must have their designated C/TPA run the queries annually.

IMPORTANT DATES:

Jan. 4, 2017

FMCSA Drug and Alcohol Clearinghouse rule went into effect.

Jan. 6, 2020

Employers should have started conducting queries.

Jan. 6, 2021

Owner-operators must have their first Clearinghouse query pulled by this date to avoid violation of the FMCSA regulations.

The FMCSA considers owner-operators as both employers and employees, so they will be required to conduct queries on themselves.

 

If you have any questions – please don’t hesitate to contact our office.

The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) restricts the use of all hand-held mobile devices by drivers of commercial motor vehicles (CMVs).

Under FMCSA rules, CMV drivers may not hold a mobile device to make a call, dial a mobile device by pressing more than a single button or reach for a mobile device in a way that puts the driver in an unsafe position. CMV drivers who use a mobile phone while driving can only use a hands-free phone located in close proximity.

The FMCSA’S restrictions are based on research showing that the odds of being involved in a safety-critical event, such as a crash, near-crash or unintentional lane deviation, are six times greater for CMV drivers who engage in dialing a mobile phone while driving than for those who do not. Dialing drivers took their eyes off the forward roadway for an average of 3.8 seconds. At 55 mph (or 80.7 feet per second), this equates to a driver traveling 306 feet, the approximate length of a football field, without
looking at the roadway.

What is the definition of using a mobile telephone?

The use of a hand-held mobile telephone means:

• Using at least one hand to hold a mobile phone to make a call;
• Dialing a mobile phone by pressing more than a single button; or
• Reaching for a mobile phone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt.

What does this rule mean to drivers and carriers?

The rule applies to drivers operating a commercial motor vehicle on a roadway, including moving forward or temporarily stationary because of traffic, traffic control devices or other momentary delays. A mounted phone is acceptable as long as it is mounted close to the driver.

Fines and penalties – Using a hand-held mobile phone while driving a CMV can result in driver disqualification. Penalties can be up to $2,750 for drivers and up to $11,000 for employers who allow or require drivers to use a hand-held communications device while driving.

Disqualification – Multiple violations of the prohibition of using a hand-held mobile phone while driving a CMV can result in a driver disqualification by the FMCSA. Multiple violations of state laws prohibiting use of a mobile phone while driving a CMV is a serious traffic violation that could result in a disqualification by a state of drivers required to have a commercial driver’s license.

What are the risks? – Using a hand-held mobile phone is risky because it requires the driver to reach for and dial the phone to make a call. Reaching for a phone out of the driver’s immediate area is risky as well because this action takes the driver’s eyes off the roadway.

Impact on Safety Measurement System (SMS) results – Violations negatively impact SMS results, and they carry the maximum severity weight.

Compliance recommendations

Make sure the mobile telephone is within close enough proximity that it is operable while the driver is restrained by properly installed and adjusted seat belts.

Use an earpiece or the speaker phone function.

Use voice-activated dialing.

Use the hands-free feature. To comply, a driver must have his or her mobile telephone located where he or she is able to initiate, answer or terminate a call by touching a single button. The driver must be in the seated driving position and properly restrained by a seat belt. Drivers are not in compliance if they unsafely reach for a mobile phone, even if they intend to use the hands-free function. 

Source: Federal Motor Carrier Safety Administration