MAYBERRY SAFETY SERVICES

FMCSA Compliance

During a Mayberry Safety Solutions audit, we will conduct a simulated compliance review using the safety rating methodology developed by the FMCSA. The safety rating assigned at the conclusion of this report is the rating we believe the FMCSA may have assigned had it been an actual audit using the same documents they would have used used. Mayberry Safety Solutions will make recommendations we feel will help the company achieve full compliance, retain or up-grade your satisfactory rating, ultimately making your professional drivers safer on today’s highways. The six regulatory factors you will address during your in-house compliance review are as follows:

FACTOR 1 = General = Parts 387 & 390 of FMCSR

FACTOR 2 = Driver = Parts 382, 383 & 391 of FMCSR

FACTOR 3 = Operational = Parts 392 & 395 of FMCSR

FACTOR 4 = Vehicle = Parts 393 & 396 of FMCSR

FACTOR 5 = Haz-Mat = Parts 397 & 177

FACTOR 6 = Accident Factor = Recordable Preventable Rate

During the course of this review we will conduct an in-depth examination of the company’s compliance with the regulations related to the above factors. Information, documentation, policies, and programs will be reviewed to determine if there are any violations of the Federal Motor Carrier Safety Regulations as outlined in the 6 factors above. Any violations found will then be identified as either being “Acute” or “Critical” to the safe operation of our company’s operations.

Acute Regulations – are those regulations where non-compliance is considered so severe as to require immediate corrective action by the company regardless of the overall or current safety performance of the company.

Critical Regulations – are those where noncompliance relates to management and/or operational controls. Non-compliance with critical regulations is an indication of breakdowns in our management controls. However, in order to be found in non-compliance with a critical regulation, a pattern of non-compliance must be discovered. A pattern is defined as being more than one violation. When a number of documents are reviewed, the number of violations required to meet a pattern is equal to at least 10percent of those examined.

§ 385.707

The Compliance Review.                                    

(a) The criteria used in a compliance review to determine whether a non-North America-domiciled new entrant exercises the necessary basic safety management controls are specified in appendix B to this part.                          

(b) Satisfactory Rating. If FMCSA assigns a non-North America-domiciled carrier a Satisfactory rating following a compliance review conducted under this subpart, FMCSA will provide the carrier written notice as soon as practicable, but not later than 45 days after the completion of the compliance review. The carrier’s registration will remain in provisional status and its on-highway performance will continue to be closely monitored for the remainder of the 18-month new entrant registration period. Code of Federal Regulations259

(c) Conditional Rating. If FMCSA assigns a non-North America-domiciled carrier a Conditional rating following a compliance review conducted under this subpart, it will initiate a revocation proceeding in accordance with § 385.709 of this subpart. The carrier’s new entrant registration will not be suspended prior to the conclusion of the revocation proceeding.                                                  

(d) Unsatisfactory Rating. If FMCSA assigns a non-North America-domiciled carrier an Unsatisfactory rating following a compliance review conducted under this subpart, it will initiate a suspension and revocation proceeding in accordance with § 385.709 of this subpart.

Safety Director Training

Making sure all of your drivers follow safety protocol and managing any accidents can be a big part of running a fleet of trucks and truck drivers. Mayberry Safety Solutions can provide you with a well-thought-out safety program for you fleet. With information of over 50 plus areas of safety training.

Specific training courses include:
  • Safety Culture Building
  • Full FMCSA Compliance Review Training
  • Driver Recruiting
  • Driver Retention
  • Hours of Service
  • Communication
  • DOT Authority
  • Trucking Insurance
  • Driver Qualification Files
  • Full Day of training at the Scale House
  • CMV Maintenance Program
  • OSHA for Trucking
  • Crash/Accident Reporting and Investigation
  • Understanding Workers Compensation
  • DOT/FMCSA Substance Abuse
  • Understanding DATAQ, FMCSA Portal, CAB Report, PSP, Drug and Alcohol Clearinghouse websites
  • Policy & Procedures for Trucking Companies
  • Driver CDL Finishing Program
  • Building a quality Driver Orientation Program
  • Behind the Wheel Defensive Driving Training
  • Warehousing Basics
  • In Depth Training in Transportation of Hazardous Materials
Contact us today to get started on making your company as safe as possible.

Expert Witness

Mayberry Safety Solutions consultants will provide knowledge and support regarding motor carrier safety requirements, protocols, procedures and current industry best practice, with regard to both state and federal regulations.

Mayberry Safety Solutions has engaged in both defense and plaintiff matters.

Mayberry Safety Solutions consultants, teach, train, develop policy and conduct both mock DOT and Forensic Audit in addition to their Expert Witness work; therefore they are practitioners of the trade to which they testify.

Our Expertise:
  • USDOT – United States Department of Transportation, Title 49 CFR Transportation Regulations.
  • FMCSA – Federal Motor Carrier Safety Administration
  • Multiple State Administrative and Regulatory Requirements, as related to both OSHA and FMCSA application.
  • NHTSA – National Highway Transportation Safety Administration
  • PHMSA – Pipeline & Hazardous Material Safety Administrtion
  • Driver Hiring / Negligent Hiring
  • Driver Retention / Negligent Retention
  • Driver Training / Negligent Training
  • Driver Qualification & History Verification
  • Driver Fatigue & Hours of Service
  • Electronic Logging Devices (ELDs)
  • Behavior Based Safety Performance
  • Drug & Alcohol Testing Programs
  • Policy & Process

Reasonable Suspicion

One of the most important roles your supervisor or manager performs is to protect your business, your employees and the general public from impaired employees that are under the influence of drugs or alcohol Mayberry Safety Solutions has put together reasonable suspicion training courses for supervisor’s that helps your supervisor or manager handle that important role.

Mayberry Safety Solutions offers two ways that your company can take advantage of our highly regarded reasonable suspicion training programs.

Classroom Reasonable Suspicion Training:
Your company may have the need for a large group of people to be trained in reasonable suspicion training. We will come to your facility and teach your employees what they need to learn to be successful. Our experienced teachers have lived the supervisor roles and know what happens in the real world. Let our experience work for you! Contact Us to let Mayberry Safety Solutions plan your next Classroom Reasonable Suspicion Training session.

Online Reasonable Suspicion Training:
Maybe your company has only a limited number of people who need reasonable suspicion training or maybe your managers are spread out across the country, if this sound like you then our online reasonable suspicion training for supervisors may be the best choice. There is no need to spend money sending your employees to an offsite facility for training. Let them get the training they need online. Training can be completed at the pace of the student and at any time they are available. To get started, all you do is contact Mayberry Safety Solutions and you can start taking the course almost that instant!

FMCSA 49 CFR Part 382.60 of the FMCSA regulations states each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and an additional 60 minutes of training on drug use.

Our reasonable suspicion training programs are fully compliant with FMCSA 49 CFR Part 382.603 regulations.

During the online or classroom reasonable suspicion training program for supervisors we focus on the following areas:

  • The role of the supervisor
  • What to observe and how to document
  • Signs and symptoms of alcohol misuse
  • Signs and symptoms of drug use
  • How to approach the situation as a supervisor
  • What to do if someone refuses to test
  • When to test and when not to test
  • How to conduct testing

As you can see Mayberry Safety Solutions has put together two great ways that you and your company can meet the FMCSA 49 CFR Part 382.603 regulations. The choice of which one to choose is up to you. Let Mayberry Safety Solutions provide all of your Reasonable Suspicion Training requirements.

Accident Review

We provide expert witness, litigation support services and consultation to transportation industry professionals and to those representing clients affected by catastrophic events within our industry. We specialize in regulatory compliance and safety policy. We accept both Defense and Plaintiff work, which, on average, remains balanced. We accept cases based on professional safety experience and the merit of the case.

  • Site Inspection and Photography
  • Case Prevention
  • Expert Testimony
  • Witness Preparation
  • Job Safety Analysis
  • Hazard Assessments
  • OSHA Informal Conferences
  • Program, Policy & Procedure Evaluations
  • “The Paper Trail”

We perform both “Pre” and “Post” Accident review and analysis. “Pre-Accident” Investigation and audit is established in an effort to reduce and improve accident ratios involving commercial motor vehicles, our investigation and audit will focus life safety issues initially, and may become more policy specific as corporate safety policies are established “Post-Accident” review and analysis investigation and audit is primarily focused on damage control. in the areas of compliance and litigation.

Hazardous Materials

GENERAL DOT HAZARDOUS MATERIALS REGULATORY REQUIREMENTS

“No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart G of Part 107 of this chapter, if applicable, and the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized…”(49 CFR 171.2(a))

Underlined in the preceding extract from the Hazardous Materials Regulations are three important terms; “person,” “offeror” and “commerce” (See Appendix A Definitions). The word shipper is frequently used by industry in place of the word “offeror.” For the purpose of this document only, the term shipper and “offeror” are used interchangeably. These three words are important in that they define when you are subject to the jurisdiction of the Department of Transportation. Additionally, you may be subject to the requirements of other Federal and/or State Laws.

The hazardous materials regulations are applicable to the transportation of hazardous materials in commerce and their offering to:

  1. Interstate, intrastate, and foreign carriers by rail car, aircraft, motor vehicle and vessel.
  2. The representation that a hazardous material is present in a package, container, rail car, aircraft, motor vehicle or vessel.
  3. The manufacture, fabrication, marking, maintenance, reconditioning,           repairing or testing of a package or container which is represented,          marked,           certified or sold for use in the transportation of hazardous materials (49 CFR     171.1(a)) 

    PENALTIES PER VIOLATION 107.329

CIVIL

MINIMUM$275.00
MAXIMUM$32,500.00

CRIMINAL*

INDIVIDUAL$250,000.00
CORPORATION$500,000.00

* (Levels of fine from 18 U.S.C. and includes provision for imprisonment for not more than 5 years.)

Mayberry Safety Solutions will gladly conduct the required Hazardous Materials training for your company and its employees in all facets of hazmat transportation, including – water, air, rail and highway.

The training will include the following required areas:

Items covered:

I.          General Awareness/Familiarization §172.704(a)(1)

II.        Function Specific (Loading, Driving, Unloading)§172.704(a)(2)(i)

III.       Safety Training (Emergency Response Procedures)§172.704(a)(3)

IV.       Hazmat Security Training (DOT Approved)§172.704(a)(4)

V.        In-Depth Security Training (Security Plan) §172.704(a)(5)

Materials covered during training session designed to satisfy all requirements under 49 CFR 172.704 of the FMCSR.

In addition to the communications requirements that took effect on October 1, 1993, hazmat employers must have trained hazmat employees hired prior to 07/02/93. For complete definition of hazmat employer and hazmat employee please see definitions contained in appendix A FMCSR’s.

Contact us today to discuss how Mayberry Safety Solutions can help you and your company, meet the ever-changing and increasingly more complex demands of Hazardous Material Transportation.

Loss Prevention

Transportation companies have traditionally managed their vehicular accidents, personal injuries and cargo claims on a purely reactive basis, which leaves their organization’s safety performance to luck. In an effort to move to a more proactive approach, a profile can be created by tracking diminishing key factor performance. A list of “high risk” drivers are then identified who are in need of counseling, remedial training or disciplinary action.

Mayberry Safety Solutions identifies performance factors varying in accordance to the type of commodities hauled and the scope of operations. Demerit points are assigned and a threshold is set over a rolling period of time such as six, nine or twelve months. When a driver reaches or exceeds the established threshold, the appropriate action is taken with the driver prior to being involved in a major loss.

Many times, diminishing performance is the result of stressful personal situations such as the loss of a family member, financial difficulties, marital problems, serious illness or deteriorating relationships with the driver’s immediate manager. In other cases, drivers are in need of professional counseling for alcohol or controlled substance abuse.

We invite you to contact us today to discuss how Mayberry Safety Solutions can help you and your company, meet the ever-changing and increasingly more complex demands of Safety and Risk Management.

New Entrant Safety Audit

On December 16, 2006 FMCSA proposed changes to the New Entrant Safety Assurance Process that would raise the standard of compliance for passing the new entrant safety audit. The agency initially identified 11 regulations that it believed were essential elements of basic safety management controls necessary to operate in interstate commerce and proposed that failure to comply with any one of the 11 regulations would result in automatic failure of the audit. Under this proposal, carriers would also be subject to the current safety audit evaluation criteria in Appendix A of part 385.

The Agency sought to enhance the New Entrant program through implementing the following regulatory and non regulatory proposals – Discovery of any one of the 16 specific regulatory violations would result in an automatic failure. The Agency believes that these 16 regulatory requirements are essential to demonstrating that basic safety management controls are in place.

This rule is effective: February 17, 2009 and the Compliance date for this rule is required beginning December 16, 2009

We invite you to contact us today to discuss how we can help you and your company, meet the ever-changing and increasingly more complex demands of Safety and Risk Management.

Violation

Guidelines for Determining Automatic Failure of the

Safety Audit

§ 382.115(a)/§ 382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively).

Single occurrence.

§ 382.201— Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.

Single occurrence.

§ 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.

Single occurrence.

§ 382.215—Using a driver known to have tested positive for a controlled substance.

Single occurrence.

§382.305—Failing to implement a random controlled substances and/or alcohol testing program.

Single occurrence.

§ 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL.

Single occurrence.

§ 383.37(a)—Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a State or who is disqualified to operate a commercial motor vehicle.

Single occurrence.

§ 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.

Single occurrence.
This violation refers to a driver operating a CMV as defined under § 383.5.

§ 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.

Single occurrence.

§387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.

Single occurrence.

§ 391.15(a)—Knowingly using a disqualified driver.

Single occurrence.

§ 391.11(b)(4)—Knowingly using a physically unqualified driver.

Single occurrence.
This violation refers to a driver operating a CMV as defined under § 390.5

§ 395.8(a)—Failing to require a driver to make a record of duty status.

Requires a violation threshold (51% or more of examined records) to trigger automatic failure.

§ 396.9(c)(2)—Requiring or permitting the operation of a commercial motor vehicle declared ‘‘out-of-service’’ before repairs are made.

Single occurrence.

§396.11(c)—Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.

Single occurrence.

§ 396.17(a)—Using a commercial motor vehicle not periodically inspected.

Requires a violation threshold (51% or more of examined records) to trigger automatic failure.

Policy & Development

Mayberry Safety Solutions provides a wide variety of custom policies, procedures and guidelines. We, at Mayberry Safety Solutions, take pride in the fact that most of the policies and procedures listed below have been courtroom tested and scrutinized in many FMCSA Audits. Below you will see some examples of policies, procedures and guidelines we have written exclusively for our customers. We understand that all carriers are unique and we believe your manuals should reflect each of your company’s uniqueness. DOT Substance Abuse Policy Non-DOT Drug and Alcohol Policy Security Plans Threat/Risk Assessment Social Networking Policy and Guidelines Cell Phone and Texting Driver Hiring Minimum Qualifications Hazardous Material for Drivers Hazardous Materials Handling for Non-Drivers Manager Bonus Plans Spill Response Plans Crash Reporting Procedures Disciplinary Guides Disciplinary Forms DOT Inspection Procedures Maintenance Policies and Procedures No Rider Policy Job Descriptons Seat Belt Policy Cargo Securement Tarping Policy Refrigerated Trailer Operation Driver Medical/Physical Requirements Handbook Driver’s Handbook (Sample Listed Below)
1. Driving / Mechanical
  1. Pre-Trip / Post-Trip Inspections
  2. Coupling / Uncoupling Procedures
  3. Engine Brake Operation
  4. Driver Fatigue
  5. Mirror Adjustments
2. Emergency Information
  1. At the Scene of an Accident
  2. Driver’s Accident Report
  3. Personal Security
  4. Cargo Security
3. Regulatory
  1. Completion and Retention of Daily Logs
  2. Federal Motor Carrier Regulations Pocketbook
4. Hazardous Materials
  1. Mixed Loads
  2. Placarding
  3. Classifications / Divisions
  4. Restricted Materials
  5. Shipper Responsibilities
  6. Shipping Paper Requirements
  7. Hazardous Material / Substance Tables
  8. Marking and Labeling Requirements
  9. Carrier and Driver Responsibilities
  10. Loading Requirements
  11. “On the Road” Requirements
  12. Emergency Procedures / Emergency Response Guidebook
  13. Company Notification
5. Driver Handbook
  1. The Role of the Driver
  2. Structure of the Company
  3. Problem Resolution
  4. Serious Misconduct
  5. Appearance and Attire
  6. Compensation and Benefits
  7. Awards and Recognition
  8. Referral Program
  9. Customer Service
  10. Dispatch Procedures
  11. Time at Home Policy
6. Specific Policies
  1. Communications
  2. Operations
  3. Maintenance
  4. Safety
  5. Citations
  6. Family and Medical Leave
  7. Alcohol and Controlled Substance Information
7. Pay and Benefits
  1. Paperwork
  2. Expenses
  3. Advances
  4. Pay Summary / Progression
  5. Benefits Summary
8. Operations
  1. Map Reading / Trip Planning
  2. Proper Loading / Securement
  3. Tandem / Fifth Wheel Sliding

Driver Training Courses

  • Cargo Securement
  • Defensive Driving Commercial Vehicles Certification
  • Defensive Driving Light Vehicles Certification
  • Distracted Driver Training
  • Driver Trainer Certification Courses
  • Driver-Drug and Alcohol Certification Program
  • Fatigue Driving
  • Hazardous Materials Certification (HM126F, HM172, HM232)
  • Hours of Service
  • Petroleum Loading and Unloading Certification Courses
  • Post Accident Remedial Training
  • Rollover Prevention
  • Spill Response for Drivers
  • Vehicle Inspection

Mayberry Safety Solutions offers these and many other training courses for both drivers and managers alike. Our instructors will custom create training programs that match your individual company’s needs. We believe the cookie cutter/video approach has less than a 20% memory retention rate with drivers. So are you really getting what you’re paying for? We can help get that number closer to 70% of what the driver will get out of the training. We have proven training techniques that greatly enhance your safety program. We also have certified instructors in Smith System and National Safety Council Defensive Driving.