COBRA Refresher: 4 Important Notices That You Need to Know About

COBRAAccording to the Consolidated Omnibus Budget and Reconciliation Act (COBRA), employers who offer a group health plan for more than 20 employees must offer temporary continuous coverage to qualifying beneficiaries after qualifying events.

A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee’s spouse, or an employee’s dependent child.

A qualifying event is a circumstance that would cause the qualified beneficiary to lose their group plan. The type of event determines the length of coverage offered, but continuous plans range between 18 and 36 months. Here are some examples of qualifying events:

  • The death of a covered employee
  • A covered employee’s termination or reduction of hours
  • The covered employee’s new entitlement to Medicare
  • Divorce or legal separation from a covered employee
  • A dependent child ceasing to be a dependent under the plan’s requirements

Employees must be offered health care, dental, vision, medical spending accounts, hearing, prescription, substance abuse, and mental health plans, but only if you offered those services under your group plan.

Generally, the qualified beneficiary pays the entire cost of the continuous coverage plus two percent to account for your administrative costs. Employees who take COBRA coverage for a disability can be charged 150% of their premiums for coverage after month 18.

Per regulations, employers are required to provide certain COBRA notices with specific information and timeframes, depending on the circumstances.  Failure to comply with these regulations can result in fines of $100 to $400 per day per qualifying beneficiary.

4 Notices Required by COBRA

General Notice

This document describes employees’ COBRA rights and the employer’s responsibilities. It must be given to each covered employee and each employee’s spouse within the first 90 days of coverage. It needs to have the following information:

  • Name of plan and contact information of the plan’s COBRA administrator.
  • A description of the coverage provided by the plan.
  • Instructions for beneficiaries to notify the administrator of qualifying events or disabilities.
  • An explanation of the importance of notifying the administrator about address changes.
  • A statement that the notice does not fully describe COBRA or the plan, and that more information is available through the plan’s administrator.

Click here to see a sample General Notice.

Election Notice

This document explains the employee’s rights to continuation coverage and how to elect it. The administrator must send an election notice to each beneficiary who loses their coverage due to a qualifying event within 14 days.

  • Name of plan and contact information of the plan’s COBRA administrator.
  • Identification of the qualifying event and qualified beneficiaries.
  • An explanation of the beneficiaries’ right to elect continuation coverage.
  • The date coverage will terminate if continuation coverage is not elected.
  • The process to officially elect the coverage.
  • Outcomes if coverage is waived or not elected.
  • How coverage might terminate early.
  • Premium information, including amounts, grace periods, and schedules.
  • The type and scope of coverage available and how it can be extended for disability or other qualifying events.
  • An explanation of the importance of notifying the administrator about address changes.
  • A statement that the notice does not fully describe COBRA or the plan, and that more information is available through the plan’s administrator.

Click here to see a sample Election Notice.

Unavailability of Continuation of Coverage Notice

Should an individual request continuous coverage, but the plan administrator determines that the individual is not entitled to coverage, the administrator must send a notice of unavailability. This simple document must be provided within 14 days of the original request and explain the reason for denial.

Click here to see a sample Unavailability of Continuation of Coverage Notice.

Termination of Coverage Notice

If an individual’s coverage is terminated early, the employer must provide a termination notice. This notice must include the following information:

  • The date coverage will terminate.
  • The reason coverage is being terminated.
  • Any rights the qualified beneficiary has under the plan (or the law) to elect alternative coverage, such as the right to convert the plan to a private policy.

There is no timeframe to provide this notice, but regulations say it should be delivered as soon as the decision to terminate coverage is made.

Click here to see a sample Termination of Coverage Notice.

Providing proper COBRA documentation with the right content is an important part of staying compliant with the legislation, but you also need to document the method, timing, and last address of your deliveries. This is for your protection in case you are required to provide evidence that you upheld your obligations.

For more information about disclosure rules (such as the allowed methods for delivery and specific timing requirements), see CFR 2520.104b-1(B). For a detailed breakdown of your obligations and FAQ’s, visit the Department of Labor’s website.

Navigating the rules and requirements of COBRA can be confusing and overwhelming. If you have questions or concerns, Sinclair Risk is here to help – Give us a call!

Shannon Hudspeth
Human Resource Director
shudspeth@srfm.com

Shannon Hudspeth

Rhode Island would be first state to impose carbon tax; trucking industry braces for higher costs

Carbon TaxA bill currently under consideration by the Rhode Island legislature would make the Ocean State the first to impose a “carbon tax” on fossil fuel production. This is important news for the trucking industry because if enacted as written it means gasoline and diesel fuel producers will be hit with a new tax which will be passed along one way or another to long haulers.

Meant to accelerate the state’s transition from oil, gasoline, and natural gas to local renewable energy like solar and wind power, it would do so by taxing, among other products, gasoline and diesel fuel. The bill, known as the Clean Energy Investment and Carbon Pricing Act of 2017, imposes a $15 tax on each ton of carbon dioxide or other greenhouse gasses emitted from the burning of a fossil fuel.  Gas and diesel retailers would either have the fee paid by their distributors or collect it at the pump.

Either way, that cost will be coming out of truckers’ pockets.

Meant to be proactive against the effects of climate change, the bill’s intent is to “Create a clean energy and jobs fund to foster innovative practices, which will strengthen Rhode Island’s position in advancing efficient use of energy, make Rhode Island a nationally recognized leader in energy efficiency, stimulate job creation, and enhance innovation-based economic growth.”

These are lofty goals. State Senator Jeanine Calkin of Warwick, sponsor of the bill, called it “our generation’s moonshot and we need to take steps to do it right now.”

Providence Rep. Aaron Regunberg, sponsor of the bill in the state house, added, “The need for this legislation has never been more critical.”

Will it pass? That’s hard to say, but the tendency of politicians to draft legislation that chips away the trucking industry’s bottom line isn’t going away anytime soon.

The Rhode Island carbon tax is just one of many trucking and transportation related issues that we follow closely here at Sinclair Risk. We couldn’t do our job if we didn’t! We pride ourselves on our deep industry knowledge and our proven track record of helping clients mitigate risk and keep their losses low.

Sinclair’s proprietary Risk Safeguard Advantage is a financial risk management system designed to dramatically reduce organizational exposures and premium costs while consistently improving productivity and morale. Elements included for our trucking clients include a driver incentive program, driver qualifications review program, defensive driver training, and expert help on responding to OSHA citations.

Interested in learning more? Check out my recent white paper, “How to avoid getting run over by a massive fleet insurance price increase.”

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Jon Belek

How to Get Your Truck Drivers to Actually Use Your Wellness Program

wellnessTruck drivers have unique health concerns. An NIOSH survey found that 50% are smokers and 70% are obese. They’re prone to heart disease, diabetes, high blood pressure, kidney failure, back problems, and motor vehicle accidents related to fatigue and stress. These problems can lead to a loss of their Medical Examiner’s Certificate and their CDLs.

You want your staff to be healthy, comfortable, satisfied with their jobs, and working regularly, so you’ve implemented a company wellness program. The problem is… Your drivers aren’t using it.

That’s not unusual. 60% of employees don’t use wellness programs because they aren’t aware of it or the company culture doesn’t truly support the program. (Most drivers who use wellness programs are women.)

So how do you get your fleet of drivers to take advantage of your wellness program?

Step 1: Gather input from your drivers

Wellness programs with the best performance and highest adoption rates are ones that meet your employee’s needs. If none of your drivers smoke, a quit-smoking incentive won’t be very effective.

Talk to your drivers and ask what type of program would make their lives better. It could be challenging to query your entire crew if you don’t see them often, but it’s worth the effort.

Step 2: Reward drivers for healthy behavior

A proper wellness program addresses a few key areas of people’s health:

  • Diet – Your program should not only instruct your drivers how to choose healthy foods, but help them acquire those foods when they are on the road. It’s not easy to eat well when your options are limited.
  • Stress – Deadlines and traffic cause stress, which can affect the body. Educate your drivers on methods to relax, such as meditation and exercise.
  • Exercise – Build your drivers’ schedules so that they have time to get some simple exercise.
  • Avoiding bad behaviors – Risky behaviors like drug use and smoking have terrible effects on our health and ability to work. 54% of truckers are smokers, so this is an important area to address.
  • Hygiene – On the road, there aren’t many places to stop for proper body care. Coordinate your drivers’ routes so they have chances to stop at facilities with the right amenities.
  • Sleep – Chronic sleep deprivation affects your drivers’ ability to work, as well as their safety. Your wellness program should reward drivers for taking adequate sleep stops.

Many programs educate their staff about these health concerns, but they fail to go far enough. You need to actively incentive your employees to take part. Award bonuses for achieving health goals like losing weight or visiting the doctor.

If your drivers have any unique needs that learned from step one, make sure to include them in your program as well.

Step 3: Get executives and managers to participate in the program

Instead of paying lip-service to the program, managers and leaders within the organization should participate as well. If your wellness program encouraged weight loss, follow the plans advice to take off a few pounds yourself so your employees can see the benefits of the program and that you’ve implemented practical solutions.

Step 4: Create a communication strategy

Your drivers can’t make use of your program if they don’t know about it, but traditional methods of communication can be tough for on-the-road people you rarely see.

Make use of text messaging and radio messaging (via CB radios, not FM/AM channels). Create a company Facebook page or group. Stuff messaging into their check envelopes. If you have access to their vehicles, leave information on the seat so they can’t miss it.

Furthermore, enlist “cheerleaders” who actively encourages other employees to sign up for your wellness plan. Choose cheerleaders who work in various departments and levels in your company. They should approach other employees like them in terms of position and pay scale, so that everyone is recruited by a peer (people feel more comfortable with the program when they enroll with others like them). You might need to incentive these persons with commissions.

Finally, never give up

Don’t expect to achieve your program adoption number in the first week. Your employees need time to become aware of the program and commit to using it. Be positive, sell the benefits, and always be available for wellness counseling and enrollment.

Jill Goulet
Risk Management Consultant
jgoulet@srfm.com

Jill Goulet

Contractors: Get your subcontractor insurance house in order!

subcontractorIt’s a tough landscape for the building trades in Connecticut. Jobs are out there, but bidding is competitive and margins are tight.

We’re nearly 10 years past its beginning, but we’re still not fully recovered from the Great Recession that wiped out trillions of dollars in real estate equity.

Given that reality, it doesn’t surprise me when a construction firm — super eager to get started on a newly won job — starts bringing subcontractors into the tent without worrying about “little things” like insurance.

The work needs to get done now, so paperwork can wait, right?

If you don’t mind owning all the risk for the mistakes of your subcontractors, sure, but that’s not a healthy way to do business and it’s a dangerous approach that all but guarantees you won’t be in business very long.

At Sinclair Risk & Financial Management, we teach our clients about an important concept called “risk transfer.” Like a game of hot potato, you want to hold as little risk as possible when you’re working with others, and you want to make sure your subcontractors are operating in a way that minimizes their own risks…after all, you are relying on them to help you complete an important job. You need them to be stable and healthy.

Two important concepts here are “contractual risk transfer” and making sure your subcontractors have adequate worker’s compensation insurance.

Whenever you plan to bring a subcontractor on board, it’s an industry best practice to have a contract in place that clearly spells out the terms of the arrangement. You should also verify that the subcontractor has proper amounts of liability, auto, and worker’s compensation insurance. As part of your agreement with the subcontractor, you should be named as an “additional insured” on their policy, which means that their coverage will extend to you should something go wrong. This transfers risk to their carrier and prevents you from having to tap into your insurance (and run the risk of premium increases) for a situation where you were not at fault.

Some people think getting a “certificate of insurance” is proof of coverage, but it’s not, it’s just informational about the kind of policies your subcontractor has…unless very specific language is included on it. The certificate must accurately name you as an additional insured and include language to the effect that the coverage is binding as per the contractual agreement between you and the subcontractor. The agreement you put in place with your subcontractors needs to specify the amount and type of insurance they must carry, and that you are to be named as an additional insured for a particular period of time.

Some smaller contractors will carry liability and auto insurance but not worker’s compensation insurance, especially if they are a very small firm. This is a mistake, and opens you up to tremendous liability if they get hurt on your job. You don’t want your worker’s compensation policy paying out claims to individuals who don’t work for you.

So what kind of worker’s compensation do they need, and how much? Like contractual risk transfer, these are complicated questions with multiple factors at play. At Sinclair Risk, we specialize in helping construction firms manage their risk in a smart, efficient way, saving lots of dollars on the bottom line.

Besides helping you navigate contractual risk transfer, Sinclair’s Risk Safeguard Advantage program includes accident investigation programs, claims management, OSHA compliance, DOT compliance, return-to-work programs, safety seminars, supervisor safety training, pre/post injury management, workplace wellness, worker’s compensation cost containment, and much more.

We can even help you attract and retain top talent. (Check out my recent white paper about construction industry best practices for getting and keeping awesome employees.)

Drop me a line to learn more.

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Jon Belek

8 Steps to Vet Construction Subcontractors

subcontractorAs a general contractor, it’s likely that you’ll use subcontractors at some point. Subcontractors can be an efficient way to outsource work. As specialists, they’ll often do a better job than a generalist and their smaller size means they can work quicker and leaner.

However, the construction job is your responsibility. The performance of the subcontractor will reflect on you. To complete the job properly and satisfy your customer, you need to make sure your subcontractors will produce quality work in a timely manner.

Before you officially hire any subcontractors, protect your business and your customer by taking these steps to vet the subcontractor.

1. Examine their past and current performance

Request information from the potential customer about their licenses, accreditations, history, and references. Look for any public data on lawsuits, disputes, complaints, or bankruptcies. Ask for the contact information of previous contractors they worked for. Then, search for references independently (without the subcontractor’s involvement) to get some unbiased and unfiltered information.

2. Look at their queue of work

It’s smart to make sure potential subcontractors can actually complete the work you need, so you’ll want to examine their log of previous, current, and future work. If the subcontractor seems too busy for their size, your job might overextend them.

3. Ask about their safety practices

Unsafe operations can leave you exposed to liability and force an inspector to close the job site, so make sure any subcontractors have clean or reasonable safety histories. They should also have ample safety protocols in place and a crew who is coached to prioritize safety.

4. Investigate the subcontractor’s employees

Ask the subcontractor about their team. Are they temporary workers, or do they work full time? Have they worked in construction before, or are they new? Does the subcontractor have the proper number of licensed professionals for the site? Do the workers have the right tools and reasonable workloads? Do any have serious felonies or drug problems that might make them unreliable? Answers to these questions will determine whether the subcontractor is right for your job.

5. Validate bonding and insurance

In most states, contractors are required to have bonding. In all states, they must be insured, including worker’s compensation insurance. If the subcontractor doesn’t have these protections in place, you could be held liable if there’s a problem. If the subcontractor doesn’t have these, reject them as candidates.

6. Investigate the subcontractor’s financial health

If your job is large, you’ll want to make sure the subcontractor’s financials are healthy enough to commit. You don’t want their employees to walk off the site one day due to lack of payment, or an inability to purchase materials. Request their annual contractor volume, two years of financial statements, and their total sales and net worth (you might have to sign a confidentiality agreement). Look for signs of poor health, like poor cash flow, a mountain of debt, or declining income.

7. Ask about their quality control process

In order to avoid rework and warranty work, you want your subcontractors to certify the quality of their materials and finished work. Every professional business should have a procedure in place to guarantee quality assurance. This procedure is rarely complex, but a successful business will have an answer to your questions.

8. Demand a written contract

It is shocking how many people work without a written agreement. As a contractor who is purchasing labor, you need to protect your investment. Every deal should be bound by a contract that clearly describes your expectations, including the scope of work, timeframe, and payment arrangements. Describe what you will provide and what the subcontractor will provide in terms of materials, warranties, and cleanup.

Hiring a subcontractor is like hiring an employee: You want someone who will represent your business well without adding drama, stress, or financial burden. If you follow the steps listed above, you’ll find the right candidate and build a lasting relationship.

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Jon Belek

Trucking companies (or companies that just use trucks): Make the most of your industry associations

trucking associationStrength in numbers. The power of a team. A built-in support system.

No matter the size of your fleet, if you use trucks in any capacity, joining an industry association is a smart idea for your business. From big rig haulers to landscapers with a couple of light duty box trucks, the trucking industry has particular needs and a host of problems to solve, not to mention regulatory and legislative battles to fight.

Yes, you can go it alone, but why suffer through it solo when associations like the Motor Transport Association of Connecticut (MTAC) can help you “make things happen”?

Founded in 1920, MTAC is a fantastic, effective group that provides a host of services for its member businesses. Part of the American Trucking Associations (a federation of associations), its mission is to protect and promote the interests of the Connecticut trucking industry: In other words, your interests.

Obviously, the first step to success here is to join an organization like MTAC, but to really maximize your membership, you need to tap into the resources it provides. Consider being proactive in these five areas where an association can really benefit your business.

Education — Industry associations make it their business to know what you need to know to operate your business effectively. They can be founts of knowledge, with best practices information about issues such alcohol and drug testing, weight laws, driver qualifications, and vehicle maintenance, to name a few.

Driver Training — A best-in-class fleet has best-in-class drivers who are up-to-date on safety protocols and a wide variety of specialty areas, such as keeping cargo secure and knowing the ins and outs of braking systems. Industry associations offer the kind of training your drivers need to stay safe and productive.

Networking — Getting out of the office (and the truck!) and getting into seminars and gatherings is a great way to follow industry trends, find business partners and customers, and bounce ideas and concerns around with others who understand the industry. Trucking associations provide a full calendar of seminars, meetings, and other events that will help you make these important connections.

Lobbying — One of the most important services a trucking association will provide is lobbying on behalf of its members at the state and federal level. Though you don’t necessarily need to be climbing the Capitol’s steps, you do need to make sure your association understands your concerns. After all, they are there to represent you. Make sure your representatives know what’s on your mind!

Problem Solve — Industry associations exist to help your business thrive. They can help you work through thorny problems and they can help with things like supplying log books, driver qualification files, vehicle maintenance records and other compliance documentation.

Join your association, but don’t neglect it! Make sure you make the most of it.

P.S. Many of these offerings will help your business in one key area: keeping your worker’s compensation costs as low as possible. For more information, check out my recent [link] white paper, “How to avoid worker’s compensation claims in the trucking industry.”

Joe Pinto
Risk Management Consultant
jpinto@srfm.com

Joe Pinto

 

 

 

 

 

 

Should You Buy or Lease That Car?

buy or lease carCars are a big part of our culture. Many of us work in places where cars are required to get around. At some point, you’ll need to purchase a car that costs more money than you have on hand. You’ll ask yourself “Should I buy or lease that car?”

People have been purchasing vehicles forever, but leasing (the practice of only financing the depreciation of a vehicle, not its entire cost) was once only accessible to wealthy people or companies with generous budgets. That isn’t the case anymore. As vehicle costs continue to rise, leasing becomes an attractive solution for every segment of the car industry.

Some people will tell you “It’s smart to buy the car,” or “Save yourself the hassle and lease.” Truthfully, there’s no simple answer. Which option is better depends on your situation, your finances, and your needs? We’ve laid out the advantages and disadvantages of both options.

Advantages to leasing a car

  • Your lease payment is usually less than a finance payment would be.
  • You can have a new car every year if you wanted (with all of the new gadgets).
  • You can drive a better car than you can afford.
  • A lease can be written off business taxes, making it a good company vehicle.
  • Perfect choice if you’ll only be in the area for a year or two.
  • The leasing dealership issues a warranty that covers much of the repairs.
  • You aren’t making a purchase, so sales tax is less.
  • There is no trade-in vehicle to deal with.
  • If the car is worth less than the lease predicted at the end, it’s not your problem.

Disadvantages to leasing a car

  • At the end of the lease, you don’t own the car. You have to return it (although there is an option to buy, but it’s often not in your favor financially.)
  • Terminating a lease early can lead to expensive fees.
  • Putting too much wear or mileage on the car can lead to expensive fees.
  • If you plan to keep the car for years, leasing is more expensive than buying.
  • Lease contracts are made to be confusing so you pay more in fees.
  • Your mileage is often limited to 12,000/year, which is easy to overcome.
  • You can buy extra mileage, but it’s expensive.
  • Typically the lease requires you to have excellent credit.
  • Failing to perform basic maintenance can result in extra fees.

Advantages of purchasing a car

  • You can modify or augment the car in any way you wish at any time.
  • It’s cheaper over the long run if you plan to drive the car for a long time.
  • There’s no limit to how many miles or much wear you can put on the car (which is important for commuters who travel long distances).
  • You can tailor the loan term (length) and payment amount to your budget.
  • You can sell the car whenever you want for as much as you like.
  • Once the car is paid off, a big piece of your budget opens up.

Disadvantages of purchasing a car

  • Many dealers require you to pay a down payment before you can finance a vehicle. This is smart anyway, otherwise, you’ll be upside down on the loan.
  • Long loans can mean paying a lot of interest by the end of the loan.
  • The monthly payment is higher than a lease payment.
  • You are responsible for repair costs (unless there’s a warranty, but that doesn’t last forever).
  • At some point, you’ll have to sell it, trade it in, or junk it.
  • A car is a depreciating asset, so you’ll never sell it for what you paid.
  • Fluctuations in the car’s market value can affect your selling price (which you can’t predict).
  • If you need to sell your car but owe more than it’s worth, you would have to pay just to get rid of the loan.

Summary

When you’re trying to decide whether to buy or lease a car, look at it like this: A leased car is convenient, easy, and you get to drive something new all the time. A purchased car is far cheaper, and you have the freedom to use it however you please.

Before you make any decision, it’s important to understand the real financial implications. Use this calculator to understand your potential car buying options.

Jennifer Dwyer
Personal Lines Representative
jdwyer@srfm.com

Jenn Dwyer

Is Your Healthcare Plan Covering People It Shouldn’t?

healthcare eligibilityIf you provide an employer healthcare plan, it’s vital to ensure only the correct people are covered. Comprehensive healthcare insurance is one of the most important benefits you provide to employees, so keeping premiums down matters to everyone.

One of the main causes of rising premiums and healthcare costs is when ineligible people continue to be covered on a healthcare plan. For employer-provided health insurance, ineligible people are typically:

  • Former employees who have now left your business.
  • Employees whose status has changed, meaning they are no longer eligible under the plan, or should be on a different plan.
  • Dependents of an employee, where the status of the dependent has changed.

Examples of ineligible people for a healthcare plan

The following situations could all cause people to become ineligible.

  • A dependent child who ages beyond the dependent eligibility requirements in the plan.
  • A former spouse who separated from your employee.
  • An employee who leaves your business.
  • An employee whose status has changed, for example through changing the number of hours worked or moving to a different position, and whose new status requires a different healthcare plan.

Creating a healthcare eligibility audit

You need a process to understand and remove people from your employer-provided healthcare plan. Here’s how to put an “Employee and dependent healthcare eligibility audit” together.

Understand the eligibility requirements of your current employer-provided healthcare plans

Go through any existing employer-provided plans and note down:

  • All employees currently covered by the plan.
  • All dependents currently covered by the plan.
  • Eligibility requirements for employees.
  • Eligibility requirements for employee dependents.
  • Benefits and coverage provided.

You may hold this information internally, or you can get the data from your broker or healthcare insurance provider.

Analyze your existing employee data

Match your existing employee data against the healthcare plan eligibility requirements. Check:

  • Any employee listed as being on the plan is still employed by you.
  • Any dependent listed on the plan is still a dependent on the employee.
  • The type of healthcare plan is appropriate for the status of the employee.
  • All eligibility requirements are being met by any active plan participants.

Find gaps in the data

It’s likely that you will find gaps in the information. You may not have the latest details of dependents or employees. Complete a gap analysis to understand the data you need to ensure only appropriate people are covered by the plan.

Carry out a healthcare eligibility audit to close any gaps

Once you know what data you need, you will need to audit the information with your employees. Approach each employee with the details of their health insurance for them and their dependents and ask if all the information is factual and correct. If it is, get them to sign off on the information.

If the data is incorrect, get it updated and see how it affects healthcare eligibility. Communicate this back to the employee.

Careful communication is key

You will need to communicate carefully throughout this process. Employees may see the eligibility audit as a tool for taking away healthcare coverage. It’s important to manage the message carefully — The audit ensures only appropriate, eligible people are covered. That means less cost-leakage and medical expenses on plans, which keeps premiums down and ensures the right people have the right coverage.

You may want to complete the healthcare eligibility audit every year. This will ensure your records are up to date and reduce the premiums you and your employees need to spend.

Jill Goulet
Risk Management Consultant
jgoulet@srfm.com

healthcare eligibility

Trucking Risk Insights: Top 10 Vehicle Violations – 2016

Top 10 Vehicle Violations—2016

A roadside inspection is an examination of individual commercial motor vehicles and drivers by a Motor Carrier Safety Assistance Program (MCSAP) inspector to determine compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and/or Hazardous Materials Regulations (HMRs). Serious violations result in the issuance of driver or vehicle out of service (OOS) orders. These violations must be corrected before the affected driver or vehicle can return to service.

Trucking ViolationsJonathan Belek
Risk Management Consultant
jbelek@srfm.com

Jon Belek

Trucking P&C Pro-File Newsletter – February 2017

New Study Links Multiple Health Conditions to Preventable Crashes

It can be extremely difficult for commercial truck drivers to stay healthy on the job. Drivers often work long hours without rest, stay seated all day and don’t have access to exercise or nutritious meals. However, a new study conducted by the University of Utah School of Medicine found that drivers with three or more health conditions are much more likely to get into preventable crashes.

The study, which examined the medical records of nearly 50,000 commercial drivers, tracked a number of medical conditions that could have a negative impact on a driver’s performance—such as diabetes, high blood pressure, and anxiety.

Although the study found that drivers who have only one of the conditions

could often control it while on the road, the number of crashes increased significantly when drivers had three or more conditions. The average rate for crashes that result in an injury for all truck drivers is approximately 29 for every 100 million miles traveled, but the rate is 93 for every 100 million miles traveled for drivers who have at least three of the flagged conditions.

Transportation Industry Seeks to Limit New Rule-making

Representatives from the transportation industry have petitioned the Trump administration to slow the rule-making procedures of various federal agencies by adding more steps to the process and including business representatives in future rule-making discussions.

Although agencies such as the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) currently go through public steps in their rule-making processes, some business owners believe that the Obama administration bypassed these processes through executive orders and safety advisories. They say this could force businesses to adopt costly new procedures with little evidence of their effectiveness.

New Interstate Passenger Resource

The FMCSA recently released an online

resource to help businesses that transport passengers across state lines. The resource includes a list of requirements that have changed over the years as a result of litigation, legislation, and rule-making. Additionally, passenger carriers can determine their registration requirements, minimum levels of financial responsibility and any applicable safety and commercial regulations.

For more information on keeping your business compliant with FMCSA regulations, contact us at 203-265-0996 today.

Jonathan Belek
Risk Management Consultant
jbelek@srfm.com

Jon Belek