Safety Information and Updates

On May 2, 2023 the Department of Transportation (DOT) published a final rule in the Federal Register authorizing oral fluid testing as a method of conducting DOT controlled drug tests.  This amended rule became effective on June 1st.  

While the rule is now in effect, carriers shouldn’t rush out and start utilizing oral fluid testing as part of their DOT controlled drug testing process just yet.  For an employer to implement oral fluid testing, the U.S. Department of Health and Human Services (HHS) must first certify at least two laboratories to conduct the testing.  Unfortunately, this has not been done yet.  

According to a June 1st article by Jason Cannon, chief editor of the Commercial Carrier Journal, the National Drug Screening President, Joe Reilly recently said, “no labs have even applied for HHS approval yet.  I met with all of them last week and all said late 2023 or early 2024 before they expect to be approved and operational with oral fluid testing,”

Once labs do get approved, and the process of using oral fluid for DOT tests can start, there will be several key advantages.  Perhaps the biggest of which is that it is significantly more difficult, if not impossible to “cheat”.  Many experienced drug users are routinely ready or prepared to be selected for a DOT test with either synthetic or borrowed urine that they substitute for their own in order to “pass” the test.  Because the oral fluid test occurs directly in the presence of the tester, who physically swabs the cheek of the person being tested, cheating is virtually impossible, unlike with urine tests which are most often done behind closed doors to protect people’s privacy.  

This brings up another huge advantage.  Oral fluid testing can be done virtually anywhere with no need for an actual restroom.  Satellite locations that might not have a restroom can still be used for oral fluid testing, as long as there is some location for the person being tested to meet the person conducting the test.    Additionally, oral fluid testing virtually eliminates the issue of a “shy-bladder” for those who might not be able to produce enough of a urine sample to be tested.  

There are a few things to consider before implementing oral fluid testing.  While the rule was passed allowing the practice, it doesn’t necessarily mean it has to replace previous methods of testing.  While there are some distinct advantages, blood and urine testing are still accurate and reliable testing methods, and the regulations do not mandate one method over the other, and carriers are not required to pick one method or the other.  Carriers have the choice of which method of testing to use each time a test is needed.  This being said, if a carrier does choose to move forward with oral fluid testing, it’s advisable to update your controlled drug and alcohol testing policy to be consistent with current regulations and practices involving this type of testing.  

Spill buckets are liquid-tight containers that surround both underground and above ground fill pipes. They have an important function which is to contain any small leaks, drips, and spills from the delivery hose that may occur during the fuel delivery process. Small drips that occur from a driver disconnecting a hose are common. A leaky hose connection that can produce a more significant release is less common, but the spill bucket is the last line of defense to help contain these types of releases. This is why it is important for customers and delivery drivers to work as a team to ensure spill buckets remain clean, dry, and empty.

Water and/or fuel sitting in spill buckets will damage the buckets over time, causing them to rust or rot out. If the cover to the spill bucket is damaged and not doing its job to prevent water from entering the containment area, it is important to have it replaced. On occasion, the rubber gaskets inside the spill bucket covers become worn and need to be replaced as well.

In colder months, this water can freeze preventing delivery drivers from being able to properly connect to the fill pipes. In the warmer months, the water can enter the tank via the fill pipe which can compromise the integrity of the product stored in the tank. For this reason, it is especially important to always inspect spill buckets after significant rainstorms.

Spill buckets have relatively short lives which are often less than 10 years. If you must replace a spill bucket it might be a good idea to consider installing a double-walled version as the inner bucket can be replaced without breaking any concrete. You can also easily tell if the spill bucket is leaking by checking the space between the two walls of the spill bucket. This type of spill bucket will cost a little more but will save you a lot of money down the road.

At Dennis K. Burke, Inc., we aim to provide our customers with the products they need, in as safe and efficient a manner as possible. This article will review a few things our customers can do to ensure they continue receiving the products they need to keep their own businesses operating smoothly.

Successfully delivering product into customers’ tanks without spilling is obviously a top priority! Our delivery drivers need to be 100% sure all the product they’re bringing can fit into the intended tank every time. We follow the industry standard of not filling tanks beyond 90% of their capacity, so ensuring tank gauges and monitors are working properly is essential. Additionally, emergency shutoffs, alarms and valves need to be working properly too. If tanks are equipped with a clock gauge, or another device that provides the level of product inside the tank, providing a tank chart specific to that tank is extremely helpful. If possible, leaving a laminated copy of a chart, specific to your tank, somewhere near the fill, would be greatly appreciated by our drivers as well as the Safety Department.  

Ensuring tanks are properly labeled for the product they contain is also very important. Many above ground storage tanks look very similar to one another, and because underground storage tanks are buried, only their fills are visible. For these reasons, having tanks and fills clearly and properly labeled helps to make sure the correct product is delivered to the intended tank. Over time, labels, decals and paint colors identifying the product inside the tanks can become faded or worn. This time of year, after the snow and ice has melted, and mother nature’s springtime colors we’ve all been yearning for over the cold New England winter start to pop again, is a great time to revitalize tank labels and make sure they are clearly marked, identifying the product contained inside.

Finally, just like in winter, when we ask that snow and ice be shoveled or cleared to provide safe access, the same is true in the warmer months.   Our drivers make numerous deliveries each and every day. Providing them with safe access to the tanks is an essential part of keeping them healthy, injury free, and able to make deliveries safely without making critical mistakes. Ensuring our drivers return home safe at the end of each workday is very important to us, and we appreciate any effort and support our customers can provide to help make sure that happens.

Stay safe!

Do you ever look in your rear view mirror when you’re on the highway, and see the driver of the car behind you, as if they were sitting in your back seat? Have you ever just randomly scanned other vehicles as they pass, and considered how close they are to the vehicle in front? More often than not, they are WAY too close!

 According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions make up roughly one-third of all multi-vehicle accidents every year, and yet the majority of all drivers follow much more closely than they should. National Safety Council recommends a minimum of three second following distance, and the Smith System of Driving recommends a four second following distance.   

This means, the time it takes the following vehicle to reach a fixed point the leading vehicle passed should take at least three, if not four seconds or more. A very simple way to determine if you are following at a safe distance is to pick a fixed object (bridge, shadow in the road, a sign, or a guardrail). When the vehicle in front of you passes that object, count out “one-thousand one, one-thousand-two, one-thousand three...) until the front of your vehicle reaches the same spot. No cheating. Counting too fast is not allowed! If you don’t reach at least “one-thousand three”, you are following too close, and you should increase your following distance.

Keep in mind, these recommendations are for passenger vehicles operating in ideal road and weather conditions. If you are driving a commercial vehicle, you should add a second, and if the weather is poor, or visibility is bad, add another second.   Additionally, other distractions like texting, reaching for food or drink, or looking at a GPS or other device can also lead to a rear-end collision. Even if you are following at a safe distance, it’s important you not drive distracted.

Following distance is continuously a leading cause of crashes, but with a little effort and understanding, those crashes could all be prevented.

Drive safe, leave enough space, and, don’t forget to buckle up!

Forecasts are predicting sub zero temperatures for the New England area this weekend, starting Friday night and running through Saturday. Temperatures are expected to rebound to more seasonable levels (30 degrees or so) by Sunday, but Friday/Saturday we are projected to run around -7 in the Boston area. Based on the timing of the cold, the major concerns on operability should mainly impact Saturday work, and obviously there is the potential for wider impacts in the event of power outages.

As a general reminder, the below is a helpful checklist we run through ahead of inclement weather that we find helps ensure everything goes as smoothly as possible:

General Winter Operability Checklist:

Ensure that your fleet/equipment is running an appropriate winter blended or additized product, dependent on general weather trends and your geographic location.

Ahead of both cold snaps, predicted snow, or other inclement weather, ensure generators are topped off and operational.

It’s a good idea to top off equipment/vehicle tanks, plug in as needed, and ensure lines are drained of water ahead of the freeze.

Make sure your staff has necessary equipment and weather appropriate gear so they are able to perform their jobs safely. (Don’t forget to factor wind chill in your assessment of gear – while wind chill won’t impact fuel operability, it certainly makes a difference in terms of driver/operator safety and comfort!)

In the event of predicted snowfall, ensure that fill ports are clear, marked per API specifications, and accessible. Below is a chart of the API specifications for reference:

As always, if you need assistance, don't hesitate to reach out to your representative or the office. 

Stay Safe and Warm out there!

On January 6, 2020, the Federal Motor Carrier Safety Administration (FMCSA) instituted a “clearinghouse”, or online database where information about commercial driver’s license (CDL) holder’s drug and alcohol violations are maintained. (For a refresher on the Cleaninghouse, go here: FMCSA Clearinghouse )

Despite having a secure online repository providing real-time information about CDL holder’s drug and alcohol violations, potential new employers have still been required to perform inquiries to all DOT regulated former employers where the prospective employee performed a safety sensitive function within the previous three years. Soon this will no longer be the case.

Effective January 6, 2023, the Clearinghouse will turn three years old. This means that for the first time ever, there will finally be three years of information contained in the Clearinghouse, so prospective employers will no longer be required to perform the drug and alcohol portion of the previous employer inquiry. Great news, right? Not so much. Unfortunately, while the Clearinghouse will satisfy the drug and alcohol portion of employment verifications required by 49 CFR §391.23(e), prospective employers will still be required to satisfy the requirements of 49 CFR §391.23(d) pertaining to accident information.

So what does this mean? As an employer of a new CDL driver, you will still be required to perform the previous employer inquiry to any employer the driver worked for as a CDL driver in the past three years. You won’t HAVE to inquire about their drug and alcohol history, but you will have to ask about any DOT recordable crashes they were involved in. Similarly, as a previous employer of a driver who may have left to seek employment elsewhere, you will no longer be required to provide information about the former employee’s drug and alcohol history, but you will still be required to provide answers about their recordable accident history.

While nothing prevents former or prospective employers from continuing to ask for, or continuing to provide drug and alcohol information, the only real change is that this information will no longer be required. Inquiries will still need to be made, and responses will still need to be given. The only change is to exactly what is required to be asked for, and what is required to be provided.  

IFor more information on the clearinghouse and specific requirements, check their site here: https://clearinghouse.fmcsa.dot.gov/

The FMCSA has just closed the commenting for changes they are considering in Hours of Service rules, particularly concerning breaks. The commentary period was meant to solicit opinions from drivers and transportation industry folks to see what those that the rules would affect in real life thought about the proposed changes. 

Below is a quick breakdown of some current HOS rules and how they could change under this proposal:

• Currently drivers are limited to 11 hours of driving within a 14 hour on-duty window, and then are required to take 10 consecutive hours off-duty before driving again. Additionally, they cannot drive after working more than 8 hours without an off-duty rest break of at least 30-minutes.
• Proposed changes would count 30 minutes of "non driving" time as a break, so for instance, if there was an accident, or roadwork, or traffic was horrendous and you pulled off the road, you could be on duty but not actively driving and have that be a break, versus having to go completely off duty. Another example would be 30 minutes spent loading or delivering product being counted as on-duty break time, so taking an additional 30 minute break would no longer be required.
• An additional off-duty break of at least 30 minutes (but less than 3 hours) would pause the 14 hour window (so say you stopped an hour, you would essentially "gain" an hour on the other side because of the pause, so instead of having to clock out at 3pm it would bump to 4pm, etc) but this would only be in effect if you had a 10 hour reset (consecutive) following.
• Short-haul truckers would also be allowed up to 14 hours on duty (from the current 12) and the mileage radius would expand to 150 miles (from 100). 

All of the above are meant to address some rigidity in the HOS rules as they are currently, where often road conditions, accidents, construction, or simply the timing of traffic adds up to essentially non-productive time for drivers and potentially causes people to push through versus taking breaks as needed. 

Having some flexibility in taking the 30 minute break, for example, could mean that instead of sitting in gridlock at 7am behind a major accident, you could pause 60 minutes then jump back on the road at 8am, when it cleared, without losing the hour on the other end - and without sitting at a standstill in traffic. (The fuel savings, and decreased aggravation of that option alone makes it seem appealing).

The idea with flexibility is to improve the efficiency and the experience for drivers, and allow them to make safety conscious decisions about when and how long they need to be taking breaks, without being too boxed in by HOS hard lines to get their work done. The goal being balance, where there is still rest and ample breaks, but the on-hours remain flexible enough to allow people to actually TAKE the breaks without worrying about scrambling to catch the time or distance up to hit deadlines.  

The FMCSA Clearinghouse deadline is January 6th, 2020, which believe it or not, is only a few weeks away. While CDL drivers do not technically need to register immediately, they will need to do so for mandatory employer pre-employment inquiries so it's better to just get it out of the way now.

The clearinghouse will be a comprehensive database with information on CDL holders' drug or alcohol violations, as well as information on whether that driver has completed required rehabilitation in order to return to work legally. The requirements are applied to ALL CDL drivers, from school bus drivers to interstate truckers. Violations will include any positive drug or alcohol test, DUI conviction, refusal to submit to testing, or acknowledgement of a substance abuse issue. 

Employers, medical review officers and third party administrators will be legally required to report drug or alcohol violations to the database. Employers will also be required to query the database to confirm new hires are eligible to work (no violations, or have completed required rehabilitation) and will also need to annually query to make sure current employees remain eligible to be a commercial driver. State licensing agencies (like the MA RMV) will also be required to query the system when reissuing CDL licenses. 

The goal of the database implementation is to ensure that CDL holders who have drug or alcohol violations are removed from the road until they have fulfilled steps to show they are a safe operator again.

This past summer the State of Massachusetts had an extremely tragic example of what can happen when CDL license holders are not properly vetted by licensing agencies and/or employers in regard to their drug or alcohol violations when a multiple violator killed 7 motorcyclists in New Hampshire while under the influence. Comprehensive, multi-agency efforts like the FMCSA Clearinghouse are put in place to make sure the proper checks are in place to get unsafe drivers off the road, and try to reduce the likelihood another incident like the one in New Hampshire happens again.     

The DOT has a great powerpoint presentation that runs through some of the major points regarding the Clearinghouse that you can access here: Final Rule: Commercial Driver's License Drug & Alcohol Clearinghouse

You can also access the full rule text here: Commercial Driver's Drug and Alcohol Clearinghouse

Friendly reminder that December 16th 2019 is the Federal Motor Carrier Safety Association (FMCSA) hard deadline for the Electronic Logging Device Mandate. There have been some "soft" deadlines and delays on this mandate over the last several years but there is no indication we will see another delay, so if your fleet is not fully converted to ELD, definitely get moving on that ASAP.  

We have personally been running E Logs for almost a decade, it made sense for our fleet and our footprint and we like the accuracy and uniformity of the data we get from our system. I will say there is definitely a learning curve involved in making a change over of any kind though, especially one involving software.  But this particular change actually does really make life easier in the big picture when it comes to making sure you are in HOS compliance, and in terms of pulling information for any kind of audit or certification, etc. 

Anyway - if you haven't moved your fleet to ELDs, the time is now. Don't wait til you are fined to get compliant. Good luck!