MAYBERRY SAFETY SERVICES
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. We are using the same documents they would have used.
Mayberry Safety Solutions will make recommendations we feel will help the company achieve full compliance, retain, or up-grade your satisfactory rating. Ultimately our goal is making your professional drivers safer on today’s highways.
The six regulatory factors that will be addressed 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 10% of those examined.
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. 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
- 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
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.
- Engages in both defense and plaintiff matters.
As consultants, we teach, train, develop policy and conduct both mock DOT and Forensic Audit in addition to Expert Witness work. Therefore we are practitioners of the trade to which we testify.
- 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
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 supervisors that helps your supervisor or manager handle this important role.
- 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!
FMCSA 49 CFR Part 382.603 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 this regulation(s).
We provide expert witness, litigation support services, as well as 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.
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))
The hazardous materials regulations are applicable to the transportation of hazardous materials in commerce and their offering to:
- Interstate, intrastate, and foreign carriers by rail car, aircraft, motor vehicle and vessel.
- The representation that a hazardous material is present in a package, container, rail car, aircraft, motor vehicle or vessel.
- 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
* (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:
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.
Transportation companies have traditionally managed their vehicular accidents, personal injuries and cargo claims on a purely reactive basis, which leaves their organizations 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
Guidelines for Determining Automatic Failure of the
§ 382.115(a)/§ 382.115(b)—Failing to implement an alcohol and/or controlled substances testing program (domestic and foreign motor carriers, respectively).
§ 382.201— Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
§ 382.211—Using a driver who has refused to submit to an alcohol or controlled substances test required under part 382.
§ 382.215—Using a driver known to have tested positive for a controlled substance.
§382.305—Failing to implement a random controlled substances and/or alcohol testing program.
§ 383.3(a)/§ 383.23(a)—Knowingly using a driver who does not possess a valid CDL.
§ 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.
§ 383.51(a)—Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
§ 387.7(a)—Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
§387.31(a)—Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
§ 391.15(a)—Knowingly using a disqualified driver.
§ 391.11(b)(4)—Knowingly using a physically unqualified driver.
§ 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.
§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.
§ 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)
Driving / Mechanical
Pay and Benefits
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.