What does a positive drug test mean for you and your employee? Things can get complicated if a non-negative drug test result comes from any of your employees – especially for companies regulated by the Department of Transportation (DOT). The DOT has strict regulations regarding the steps you need to take after this occurs. If the positive result comes from a pre-employment drug test, you cannot allow the employee to operate a commercial motor vehicle (CMV) for your company. You must have a negative drug test result in the driver qualification file for every employee in order to operate compliantly and meet DOT recordkeeping requirements. So, what does a positive drug test mean and what happens next? Let’s go over a few scenarios that may apply to your employee’s specific situation, such as... They say the result is a false positive They admit to using drugs They refuse to take a drug test They take prescription medication and are afraid to take a test They need to go through the return-to-duty process What if I received a positive drug test result, but the employee says it’s a mistake? This is a common claim that employers encounter after receiving a non-negative drug test result, which is why it’s important to understand the measures the DOT has in place to address this argument: After a drug test is taken, the urine sample is split into two separate vials – vials A and B – which are shipped to a laboratory. The laboratory tests vial A. If drugs are detected, the specimen goes under further testing to confirm the presence of drug metabolites and is eventually reported to a DOT Medical Review Office (MRO) as positive for at least one controlled substance. Once the MRO receives a positive laboratory result, a “medical review” takes place. This review consists of the following steps: 1. A DOT-qualified physician – the Medical Review Officer – attempts to contact the employee in order to conduct an interview. 2. During the interview, the MRO will determine if there is a valid medical explanation as to why the specimen may have tested positive (such as prescribed medications). 3. If the MRO determines there is no medical explanation, they will offer the employee the option to have Vial B tested (as described above) in order to verify there were no errors made. After the medical review process is complete, the result is reported to the employer as a verified positive. If the MRO is unable to reach the employee to conduct the interview after a minimum of three contact attempts have been made, the result will report to the employer as a “non-contact positive.” What happens if the employee agrees to split-specimen testing? The employee must make the split-specimen test request to the MRO within 72 hours. At that time, vial B will be shipped to a laboratory for testing. This cannot be the same laboratory used to analyze the first sample. What if my FMCSA-regulated driver admitted to me that they use drugs? This is what’s known as “Actual Knowledge,” and it has the same consequences as a positive result. If you are regulated by a DOT agency other than the FMCSA, such as the Federal Aviation Administration (FAA), Pipeline and Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), or Maritime Administration (MARAD), please call Foley at 800-253-5506 for assistance. One of my employees refused to take a required drug test. Now what? This is known as “Refusal to Submit.” It involves the same consequences as a positive result. What if I have an employee who is on prescribed medication and doesn’t want to test for fear of the result being positive? This is another common scenario, but thanks to the medical review process, it shouldn’t be a concern. If during the MRO interview the employee states that they are taking prescribed medication, they will be given the opportunity to provide proof of the prescription to the MRO. Once a valid prescription is received, and it is determined that the employee is using the medication as prescribed, the result will be reported as a verified negative to the employer. An employee who has been prescribed medication may be required to obtain a note from their physician that the medication will not affect their ability to perform safety-sensitive functions. What if I have an employee that needs to go through the DOT return-to-duty process? As you might expect, if an employee does test positive, the process they must complete prior to resuming safety-sensitive functions is not usually a quick one. This process consists of the following steps: An initial Evaluation with a DOT-qualified Substance Abuse Professional (SAP) – This face-to-face interview will determine the course of action the employee must take. Education/Treatment – The employee must comply with the SAP’s recommendations. This could be anything from attending several group meetings to in-house rehabilitation. Follow-Up Evaluation – This must take place with the same SAP who conducted the initial evaluation and will determine whether the employee has satisfied the recommendations. DOT Return-to-Duty Drug Test – When this test comes back negative, the individual may resume safety-sensitive functions. It must be completed under direct observation, meaning a person of the same sex must accompany him or her during the collection process. DOT Follow-Up Testing – The SAP will provide the employer with a schedule of follow-up tests, in which a minimum of six unannounced tests conducted under direct observation are to be scheduled over at least a 12-month period. This process may continue for up to five years. A non-negative drug test result can be a stressful experience for both the employee and you, the employer. Following these steps will ensure you meet DOT regulations while keeping the safety of your company at the top of your list of priorities. Trust Foley for DOT Drug Testing Done Right If you need additional support throughout the drug testing process, turn to a trusted third-party administrator (TPA) like Foley for a DOT-compliant drug and alcohol testing program. We’ll take care of pre-employment, random, post-accident, return-to-duty, and reasonable suspicion drug tests. Foley also manages all the DOT recordkeeping requirements that go along with these tests. Our nationwide network of collection sites makes it easy for your drivers to find a convenient location along their routes. Ready to make drug testing drivers easier for yourself? Get a FREE demo of Foley’s drug and alcohol testing software today by filling out the form below.

Heavy snowfall and UCR enforcement are on their way in 2025. Are you prepared? It’s (almost) the most wonderful time of the year! In many areas across the US, temperatures are dropping, and snow is starting to fall. Do you know the ice and snow removal laws for your state?

A new regulation in the FMCSA Drug and Alcohol Clearinghouse is now in effect, revoking driving privileges from some commercial drivers. Starting today, November 18, 2024, drivers listed as "prohibited" in the FMCSA Drug and Alcohol Clearinghouse due to reported violations will face a denial or revocation of their commercial driver’s license (CDL) or commercial learner’s permit (CLP).

DOT regulations on diabetes can be murky. Foley clears up the confusion surrounding diabetes and DOT physical requirements during National Diabetes Awareness Month. To drive a commercial vehicle over 10,000 pounds, you need to pass a DOT (Department of Transportation) physical. The DOT physical isn’t something you need to be afraid of, but if you have diabetes or high blood sugar levels (or suspect you do), you may have some concerns about your ability to pass. Drivers must pass their DOT physicals at least once every 24 months, so whether you’re preparing for your first DOT physical or your fifth, it’s a good idea to familiarize yourself with the rules and restrictions surrounding diabetes and blood sugar levels. Below, we’ll answer all the most frequently asked questions regarding DOT physicals and diabetes, but if you’re new to DOT physicals, read our overview here first. Impact of Diabetes on CMV Drivers When diabetes is undiagnosed and so uncontrolled (which accounts for around 7.3 million people in the US), it can cause fatigue, stress, and sluggishness, all of which can impede your ability to drive a CMV. According to the National Institute for Occupational Safety and Health, truck drivers have a 50% higher risk of developing Type 2 diabetes than the general population. In worst-case scenarios, it can lead to hypoglycemia which may result in loss of consciousness and seizure, so it’s important to control diabetes if you do indeed have it. Does the DOT Physical Test for Diabetes? The DOT physical will look for signs of diabetes and may recommend further investigation if they believe you have diabetes. Your examiner will ask whether you have a history of diabetes or control elevated blood sugar levels with your diet, pills, or insulin. They’ll also examine you for other conditions potentially caused by diabetes, and test your urine for the presence of sugars. Can You Pass a DOT Physical with Diabetes? Yes, however, diabetes is one of the four conditions that have objective disqualifiers – that means that if your symptoms of diabetes meet one of their disqualifying conditions, you’ll automatically fail the exam. This will not apply to most but will apply if you’ve been diagnosed with severe non-proliferative diabetic retinopathy or proliferative diabetic retinopathy. It is also subject to other standards that are “discretionary,” which means your medical examiner will determine whether they believe your condition may impede your ability to safely do your job. If you have diabetes or another health condition such as high blood pressure, you will be required to have your DOT physical annually (or more frequently) to ensure you continue to be fit enough to operate large commercial vehicles. You’ll also be required to have annual eye tests because diabetes can lead to some vision impairment. Can You Pass a DOT Physical With Type 2 Diabetes? Yes, though it will depend on the circumstances of your condition and the opinion of your medical examiner. It will be largely up to their professional opinion whether you are safe to operate a CMV. If you control your diabetes and regularly monitor your condition, you won’t likely have a problem getting the all-clear from your medical examiner. Your medical examiner may ask you: Do you regularly monitor your blood sugar level? Do you take any over-the-counter medications/supplements for diabetes? Do you have a history of feeling faint, dizzy, or any other loss of consciousness? Have you had a hypoglycemic reaction in the past? What did that look like? When did it happen? What were the circumstances? Your doctor will also test your urine for the presence of sugars. What is the FMCSA Diabetes Standard? Previously, the only way for diabetic drivers to legally operate commercial vehicles in interstate commerce was through applying for an exemption in the Diabetes Exemption Program; however, the program was officially discontinued in November 2018. Instead, the healthcare professional who prescribes insulin for a driver must now provide the Insulin-Treated Diabetes Mellitus Assessment Form (ITDM Assessment Form), MCSA-5870, to the certified medical examiner performing the DOT physical, which indicates the driver has a stable insulin regimen in place. This means the entire process is faster and less burdensome for all involved, and you no longer have to obtain a separate evaluation by the doctor treating your diabetes. Drivers who have diabetes also need to bring their latest lab work to the examination, which should include fasting blood sugar and HGA1C. This needs to be from within the last four months. If you are new to using insulin to control your diabetes, you need to have used it for four months before you can pass the DOT physical. If you have another medical condition and you're wondering how it may impact your DOT physical results, check out this Foley article for more information. How to Pass A DOT Physical with Diabetes Don’t worry, passing the DOT physical with diabetes isn’t complicated — you just need to have your diabetes under control. In other words, you need to prove that you’re healthy and properly managing your condition. If you already monitor and treat your diabetes appropriately, you shouldn’t have a problem. However, if you’re concerned you may not pass, here are a few things you can do to improve your ability to pass: Stay on top of monitoring your blood glucose and treating your diabetes appropriately Get some exercise — even just a short walk can help you keep your insulin levels in a healthy range Cut back on foods that spike your insulin levels (sugary, processed foods, sodas, salty foods, and so on) Make sure you don’t overeat — your insulin levels will spike after eating Cut back on alcohol, smoking, and caffeine Make sure you’re well-hydrated before your physical How long is a DOT physical valid with diabetes? Under the new FMCSA final rule on insulin-treated diabetes, the maximum period of medical certification is 12 months. A1c Guidelines for DOT Physical Hemoglobin A1c is blood sugar that can show in your urine test if you have poor glucose control — as would be the case if you have uncontrolled diabetes. This is the sugar that is detected that we discussed above, and so 10% is the A1c limit for the physical exam. The DOT A1c guidelines 2024 are that you must have less than 10% to pass. However, if it is higher than 8%, your medical examiner may have some concerns about your ongoing health, and so may refer you for further testing and monitoring. If you haven’t been diagnosed with diabetes, you can improve your diet and get more regular exercise to lower your A1c levels. High A1c levels are from excess sugars being produced when your cells have enough energy to function, so if you eat foods with less sugar and avoid overeating, your A1c levels will naturally start to lower. Remember that your medical examiner isn’t trying to find reasons to fail you – they’ll want to pass you but they also have to make sure you’re healthy and safe to operate CMVs, for your safety and that of others. If you find you do have high A1c levels, speak to your physician about what next steps you can take to avoid future health problems that may cause you to fail the DOT physical in the future. If you do fail due to uncontrolled diabetes or high A1c levels, you’ll be able to reapply once your condition is under control. What are the DOT Physical Blood Sugar Requirements? If you haven’t been diagnosed with diabetes but know or suspect you have blood sugar levels, then you may be concerned about having a nasty surprise when your urine is tested for excess sugar. The physical requires you to have a blood sugar level of less than 8% in this test — a normal range is less than 5.7%. What are Acceptable Blood Sugar Levels? If you have a blood sugar level of under 5.7%, you’re within a normal range. If it’s between 5.7% and 6.4%, then you’re considered “pre-diabetic,” and so your medical examiner may have some concerns and refer you for further investigation or monitoring, or recommend you make some lifestyle changes. That alone is not enough to fail the DOT physical, but you do need to be aware that it’s high and monitor it so that you don’t get diabetes or end up with a level that’s too high when you go for your next physical. New DOT Physical Requirements for Diabetes in 2024 As long as you have a diabetes management regime in place, your blood sugar levels are monitored, and your insulin-prescribing doctor provides the Diabetes Mellitus Assessment Form (ITDM Assessment Form), MCSA-5870, to the certified medical examiner performing the DOT physical, you should be in good standing to pass it. Now that you know the FMCSA diabetes guidelines for 2024, it's time to schedule your DOT physical. Foley makes it easier for owner-operators and fleet managers to schedule DOT physicals for drivers. Our NEW automated DOT physicals software automatically sends alerts whenever drivers need a physical and auto-orders them for you. Plus, the system uploads new medical certificates to drivers’ electronic files once they pass their DOT physical exams. Ready to stop tracking medical certificate expirations on your own? Get a FREE demo of the Foley DOT physical software now. Links to Related Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Vision Requirements for the Eye Exam DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: What if I have a Medical Condition? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

The annual FMCSA Drug and Alcohol Clearinghouse deadline is closing in, with annual queries for all DOT-regulated drivers due by the end of 2024. If you haven’t yet run a query on each CDL driver you employ (including yourself if you’re an owner-operator), you must do so within a 12-month rolling period of their initial query. Failure to run these annual queries could lead to fines of up to $5,833 per driver. The latest FMCSA Clearinghouse data suggests that there are still many employers and drivers who haven’t yet registered for the Clearinghouse, which could create a demand similar to the one we saw earlier this year when the system became overwhelmed by the large volume of traffic trying to register and login to the site. If this occurs in the weeks leading up to the deadline, as projected, it could make it difficult for employers to meet their requirements before the deadline. Our suggestion? Take care of this annual FMCSA requirement before the holidays and last-minute annual compliance demands pile up. About the Annual Clearinghouse Query For the annual query requirement, you have the option of running either a full or a limited query, but if a limited query shows that there is information on a driver’s record, you will be required to run a full query within 24 hours. Failure to do so will result in the driver being pulled from safety-sensitive functions until you’re able to run the full query. Required First Steps in the FMCSA Clearinghouse #1: Employer Registration Before you’re able to run an annual DOT Clearinghouse query on your drivers, you must set up an account first. Without an account, you can’t run queries on your drivers — you also can’t report DOT drug and alcohol violations when they occur. #2: Driver Registration Not only does having a Clearinghouse account enable drivers to check their accounts for inaccuracies, but it also enables them to give consent before an employer runs a full query of their Clearinghouse record. Because a full query shows all of the details of a driver’s record, the driver is required to give consent within the Clearinghouse before a full query is run. Because an employer only has 24 hours from the time a limited query shows a “hit” on a driver’s record, until the time they run a full query, drivers must have their account set up in advance. #3: Limited Consent Form Although consent for full queries must be obtained each time an employer runs a full query in the Clearinghouse, a blanket consent form is all that is needed for limited queries. Employers should provide all CDL drivers with a limited consent form which gives them permission to run an unlimited number of limited queries for the duration of their employment. Employers must keep a signed consent form on file for each driver they employ. #4: DOT Recordkeeping System Employers must have signed consent forms on file for each driver, as well as a record of all queries that they’ve run throughout each driver’s employment. These records will be critical during an audit and should be stored digitally to both accommodate remote workers and ensure you’re ready for an offsite audit. Fulfill Your Annual FMCSA Clearinghouse Query Requirement Now Because of the steps required in fulfilling the annual query process, it’s important that employers take care of it as soon as possible. If you have questions or need help navigating the process, Foley can help. To learn more about our comprehensive FMCSA Clearinghouse management program, please click here.

Being proactive, not reactive, when it comes to DOT audits can make or break the chances of your company passing them. Being a federally regulated motor carrier or company with regulated drivers comes with a slew of responsibilities—one of the most important being a safe and reliable business, especially in the eyes of the Federal Motor Carrier Safety Administration (FMCSA).

The UCR fee increase follows a two-year streak of fee reductions for those subject to the federal filing requirements. Federal regulators have approved a 25 percent hike in fees charged to motor carriers, brokers, and leasing companies under the Unified Carrier Registration (UCR) Plan for the 2025 registration year.

You must file your MCS-150 update on a regular basis to maintain your FMCSA compliance. There are a variety of reasons why motor carriers are required to update their MCS-150 filing. Keep reading to find out everything you need to know about the update, why it’s important, and how to get it done fast. What is MCS-150? The MCS-150, or Motor Carrier Identification Report, is a form filed to obtain and update your USDOT number. Through this form, you provide specific information about your business to the FMCSA, including whether you’re designated as a passenger vehicle or hazardous materials carrier, your mileage, and the number of vehicles in your fleet. This allows the FMCSA to verify that the information associated with your DOT number is correct. Any motor carrier with a DOT Number is required to file a biennial MCS-150 update. You should also file an update any time something about your business changes, for instance, if you have a new company name or add trucks to your fleet. File Your MCS-150 Update Now Why it’s Important to Provide Accurate Information on Your MCS-150 The FMCSA uses the information you file in the report to calculate safety scores according to its safety measurement system, Compliance, Safety, Accountability (CSA). The data you provide is used to analyze your safety performance within CSA’s Behavior Analysis & Safety Improvement Categories, otherwise known as the BASICS. Inaccurate data can negatively impact your safety performance scores. What Happens if You Don’t Update Your MCS-150? The FMCSA takes this update seriously. Failure to file the update by the deadline could result in a deactivation of your DOT number, along with fines of up to $1,000 a day. You’ll need to know your DOT number when determining when your update is due, as it is based on the last two digits of your DOT number: The second to last number in your DOT Number determines what year your biennial update needs to be filed. If it’s odd, you’re required to file your MCS-150 in every odd-numbered calendar year. If it’s even, then you file in even-numbered calendar years. For example: If your DOT Number is 5555515, you’re required to file in odd numbered years. If your DOT Number is 5555525, you’re required to file in even numbered years. The last number in your DOT number determines what month your biennial update needs to be filed. If your DOT number ends with the number one, you need to file in January. If your DOT number ends with the number two, you need to file in February, and so on. Updates are due no later than the last day of the month in which it’s due. How Do I Update My Biennial MCS-150? If your biennial update is due, or you’ve made any changes to your business since your last filing, you must file your MCS-150 renewal. At Foley, we make the process simple by filing all the paperwork for you. Click here to file your update quickly and accurately today.

If we've said it once, we've said it a thousand times: DOT driver qualification files can be difficult to create and maintain, especially as your business and driver count grows. It’s a process that many companies struggle to execute, according to FMCSA regulations. From using a physically unqualified driver to not keeping inquiries into a driver’s employment record in the DOT driver qualification file, several small mistakes often lead to big fines for companies with DOT-regulated drivers. Here are a few of the most common driver qualification file mistakes and the steps you can take to avoid them. #1. Using an Unqualified/Physically Unqualified Driver The DOT has certain requirements for commercial vehicle drivers that employers must consider before putting them behind the wheel. These requirements include being at least 21 years old, able to speak and write English, and having the training needed to operate a commercial motor vehicle safely. Drivers must also be in good medical health, as determined by a DOT medical examiner during a DOT physical exam. ✅ How to avoid this violation: Not only is the DOT job application a required part of each driver qualification file, but it will answer all the questions above. During the pre-hire process and then on an ongoing basis throughout each driver’s employment, you should also have an updated copy of their DOT medical card. In addition to having this in their possession while on the road, you should have a copy on record in their DOT driver file. Download Your FREE Guide on Driver File Creation Today #2: Not Keeping Inquiries into a Driver’s Employment Record in the Driver Qualification File This is a common violation — accounting for 6,896 DOT violations in 2024. Before a driver is permitted to drive for a new company, the employer must contact the driver's prior employers regarding violations other than those found in the FMCSA Drug and Alcohol Clearinghouse, and keep records of either their attempts to make contact or the information found through this process. All of this information must be securely stored in the driver file as part of their Safety Performance History. ✅ How to avoid this violation: All of the information you’ll need to complete this investigation will be found on the driver’s DOT application, so make sure you’re having every prospective driver complete one before you begin onboarding. Once you’ve made the phone calls and collected the necessary information, make sure these employer inquiries are kept in the DOT driver file. Because of the sensitive nature of the information, it must be kept in a file that is accessible by only those who are involved in the hiring process. #3: Not Having a Current DOT Medical Card in the Driver Qualification File As we mentioned earlier, you must check each driver’s DOT medical card during the pre-hire process. But once that’s done, it’s also important that you make a copy of this document and keep it in their DOT driver file, too. This document must then be updated each time the driver’s medical card is renewed. ✅ How to avoid this violation: Having a system to track medical card expiration dates will ensure that you know when your drivers are due for their DOT physicals so that you can get a copy of the updated certificate as soon as it’s available. Any driver who doesn’t have a current medical card should not drive or perform safety-sensitive duties until it has been updated. #4: Failing to Maintain a Driver Qualification File for Each Driver If you hire and manage drivers, then you are responsible for creating and maintaining driver files for each of them — even if they don’t require a CDL. The FMCSA requires any driver who operates a CMV with a gross vehicle weight of 10,001 pounds or more to have a driver qualification file maintained throughout their employment. ✅ How to avoid this violation: Most of the information you need to create a DOT driver qualification file is collected through the pre-hire process — it’s simply a matter of organizing the files where they can be easily accessed and maintained throughout the driver’s employment. Tracking expiration dates is key, as CDLs, medical cards, and motor vehicle reports will need to be updated periodically. For many employers who currently keep updated DOT driver files, the issue isn’t creating them — it’s keeping them updated on an ongoing basis. From monitoring DOT medical card expiration dates to running and filing away each driver’s annual motor vehicle report, there are a variety of dates that must be tracked during each driver’s employment to stay compliant. Protect Your Business- Download Your FREE Driver File Maintenance Guide Today! Stay Violation-Free with DOT Driver Qualification File Software At Foley, our driver file program manages all of these expiration dates for you and sends alerts when specific driver records need to be updated through our exclusive Dash Platform. All driver files are filed securely in a digital format, and they are available to view or download whenever you need them. To learn more about our DOT driver file creation and management program, click here or give us a call at (860) 815-0764.

Following DOT hours of service regulations can be the difference between passing and failing a compliance audit. The FMCSA’s hours of service regulations are a complex set of rules that help ensure drivers of large property-carrying vehicles are not too tired or overworked to drive safely. DOT-regulated businesses that operate primarily in a local area are allowed to use what was once known as the 100-air-mile rule, but it is now the 150-air-mile radius exemption.

The holiday season is getting closer and so are annual compliance deadlines (like FMCSA Clearinghouse queries). We can’t believe it’s already November! Here’s what you need to know for this month.

We get many questions regarding background check lookback periods, and like so many other things in life, the answer is, "It depends." It can depend on the type of background check you're ordering, the state you're operating in, as well as other stipulations, like those dictated by the Fair Credit Reporting Act (FCRA).

Let Foley keep an eye on your driver’s potential drug and alcohol violations in the DOT Clearinghouse and their traffic violations with MVR monitoring. We all wait until the last minute for things, but your annual FMCSA Clearinghouse queries should not be one of them.

The economy continues to plague large companies and owner-operators. For the second year in a row, the economy tops the list of concerns for the transportation industry, according to the American Transportation Research Institute's (ATRI) 20th annual Top Industry Issues report. Released at the American Trucking Associations Management Conference and Exhibition in Nashville, the report highlights that rising operational costs, coupled with a persistent freight recession and stagnant rates, are major worries for motor carriers and drivers. Top Concerns for Truck Drivers & Motor Carriers The Ongoing Battle for More Truck Parking Moving up to the number one placement from number two in 2023, drivers continued to express concern over the lack of available truck parking this year. According to the American Trucking Associations, there are about 3.5 million truck drivers in the US and approximately 313,000 truck parking spaces nationally. In other words, for every 11 drivers, there is only one truck parking space. Adequate truck parking allows commercial drivers to safely and comfortably take their much-needed breaks and follow strict DOT hours-of-service rules. Thankfully, awareness of this ongoing industry issue has increased and led to developing programs to tackle it. Programs like Truck Parking Club allow drivers to find and instantly reserve truck parking spaces throughout the US. Rise in Insurance Costs & CSA Concerns for Carriers While the top three concerns of carriers in 2024 reflect the same issues cited in the 2023 ATRI report, two new subjects have climbed the list: insurance and CSA. The current commercial insurance market is a hard one with premiums climbing year-over-year. More carriers are taking proactive steps to find relief and relying on new technologies like MVR monitoring to prove to underwriters that they take their drivers' safety seriously. Although the increase in CSA concerns is new to this list, it's not surprising. Numerous brokers, load boards, and contractors (like Amazon Relay!) now check carriers' CSA scores to ensure their compliance and safety adhere to their standards. What to Take Away from the ATRI Report If you’re struggling to hire and keep drivers, one or more of the ATRI top ten driver issues may be to blame. Taking the time to review your safety and DOT compliance policies, parking arrangements, equipment, and compensation rates and make any necessary changes could convince your current employees to stay behind the wheel and entice new drivers to join your fleet. Employers can also update their driver application process to show new recruits they put drivers first from the very beginning of the professional relationship. Remember, what you do now to satisfy the needs of modern-day drivers will only strengthen your company’s reputation and employee retention rates for the long term.

When a driver fails a DOT drug test, they must complete the return to duty process before resuming their safety-sensitive duties. We’ve previously covered what to do when you’re faced with different situations involving a non-negative drug test result, but what happens when the employee who produced it is ready to go back to work? They must first complete what’s known as the return-to-duty and follow-up testing process. It’s important to note that any failed DOT drug tests, including refusals to test, that your CDL drivers produce will be added to their FMCSA Drug and Alcohol Clearinghouse record. They will remain on their record until the return-to-duty process has been completed and five years from the date the violation was committed has passed. A NEW regulation regarding the FMCSA Clearinghouse will go into effect next month, and over 235,000 CDL drivers will have to complete the return-to-duty process to avoid losing their commercial driving privileges. You can find out more by watching our on-demand webinar: Read on to make sure you’re prepared in the event any of your CDL drivers test positive for drugs or alcohol now or in the future, and get the solutions to these common concerns: What is the return to duty process? How many follow-up DOT drug tests need to be taken? Do follow-up tests replace random drug testing? What are the return to duty DOT recordkeeping requirements? How do I manage the return to duty process and recordkeeping? What is the Return to Duty process? The DOT requires the following specific steps to be taken after a CDL driver fails a drug or alcohol test: Removal from safety-sensitive functions (like driving) immediately: Even if they’re on the road in another state, the driver must be notified to stop driving as soon as it’s safe to do so. Initial evaluation with a DOT-qualified Substance Abuse Professional (SAP): During this face-to-face interview, the SAP will evaluate the employee to understand their situation and usage history. This evaluation allows the SAP to determine what type of activities or treatment the employee must undergo. Education and treatment program: The SAP will prescribe a treatment program for the employee based on their initial interview. Follow-up evaluation with the SAP: After the employee has completed the SAP’s treatment program, another evaluation must take place with the same SAP. At that time, they will determine whether the employee may take a return to duty test and resume safety-sensitive functions. Follow-up test schedule: The SAP will provide the Designated Employer Representative (DER) with a schedule of follow-up tests. Return to duty drug test: Once the SAP confirms that the employee has successfully completed all requirements, they will recommend to the DER that the employee may take an RTD test. The collection of the specimen must be directly observed by an individual of the same sex during the entire process to ensure the integrity of the test. FMCSA Clearinghouse reporting: Employers must report negative return-to-duty test results to the FMCSA Clearinghouse by the close of the third business day following the date on which the results were received. Returning to duty: Once a negative DOT drug test result is received, the employee may resume their safety-sensitive functions, such as driving. A little more detail on the follow-up tests: once your driver is ready to get behind the wheel once again, their interaction with their designated SAP isn’t over. They must continue with the follow-up testing schedule that’s been assigned to them. Here are the answers to some common questions on follow-up testing. How many follow-up DOT drug tests need to be taken? The DOT requires the SAP to schedule a minimum of six tests over a 12-month period, but the process may include more tests and continue for up to five years. Like the return to duty test, each follow-up test must be taken under direct observation. Do follow-up tests replace random drug testing? No. Just like all other CDL drivers on your roster, the employee must be included in a regular random testing pool and complete any selections they may receive in addition to their scheduled follow-up tests. A random test cannot replace a follow-up and vice versa, since random drug tests are not taken under direct observation. Return to Duty DOT Recordkeeping Requirements In addition to complying with RTD regulations, you must also ensure you’re staying on track with any records associated with the return to duty process. You need to follow these recordkeeping requirements even if one employee needs to complete the RTD and follow-up process: Have a written DOT-compliant drug and alcohol testing program in place that includes RTD/follow-up testing procedures for the duration of time it was enforced, plus five years after it has been replaced or revised Keep the following records for five years: Positive alcohol test results indicating an alcohol concentration of 0.02 or greater Verified positive drug test results Refusals to take required alcohol and/or drug tests (including substituted or adulterated drug test results) SAP reports All follow-up tests and schedules for follow-up tests Remember, all DOT drug and alcohol testing records must be kept in a secure location with controlled access. Keep paper files locked in filing cabinets, and password-protect your electronic records. Ensure all records are legible and signatures can be authenticated in the event of an audit. Automating the Return to Duty DOT Recordkeeping Process Now that you know all the steps involved in completing and tracking the RTD process, you’re probably wondering how you’re going to do it on your own. The good news? You don’t have to. A third-party administrator (like Foley) can handle all aspects of your DOT drug and alcohol testing needs, including the RTD and follow-up testing components, as well as FMCSA Clearinghouse compliance. With our DOT Compliance Platform, Dash, you’ll be able to implement the RTD process for any employee, keep track of their progress, and automatically store all the documentation in their driver file. You won’t have to stress about scheduling the necessary tests or being prepared for a compliance review once it’s all said and done. If worrying less about DOT drug testing is on your compliance wish list, schedule a FREE software demo with Foley now by clicking here or filling out the form below. Your dedicated Foley account manager can help simplify your DOT compliance needs one return-to-duty test at a time.

Starting a new trucking company and doing all the administrative tasks that come with it can be stressful, overwhelming, and difficult to figure out on your own.

The connection between DOT drug tests and prescription drugs can be a muddy one, especially with the upcoming Clearinghouse-II. Many CDL drivers take prescriptions on a regular basis to treat ailments or help with diagnosed medical conditions. However, due to strict DOT drug testing requirements, many wonder whether a particular drug will cause them to fail a drug test and disqualify them from getting behind the wheel. This is an especially concerning situation since the FMCSA Drug and Alcohol Clearinghouse-II will soon revoke the CDL/CPL privileges of drivers with "prohibited" statuses in the Clearinghouse database.

CDL drivers may feel stressed about the DOT medical exam, but there are some simple ways to make sure they're ready for it. Even if you’ve been through a DOT physical a dozen times, or don’t have any immediate concerns, there’s something about this test and the career impact if you fail, that may cause you to feel nervous about going through it. And while we understand how stressful it can be, the number one piece of advice when getting ready for your exam is this: Try to relax. The physical effects of stress are real — and can impact the results of your DOT medical exam. If you already expect your blood pressure reading to be a bit higher, for example, you don’t need your nerves to push it even higher. If you feel anxious as your appointment gets closer, try some deep breathing exercises to calm your body. This can lower your heart rate in preparation for the exam. Knowing you’re prepared for your appointment will also help keep your nerves in check. Here are some things to keep in mind as you prepare for your DOT physical exam. Be Mindful of Your Blood Pressure Stay away from coffee, tobacco, and energy drinks as much as you can in the 24 hours leading up to your exam. These products can raise your blood pressure by as much as 20 points. If your blood pressure is already high, this may be enough to disqualify you from renewing your medical card. Related Foley Article: DOT Physical Blood Pressure: New Requirements & Tips for Passing Prepare to Discuss Your Health Openly Know your health history and be prepared to discuss recent diagnoses of conditions such as heart disease, diabetes, or sleep apnea. You’ll want to bring any information you have available from your prescribing physician — including current prescribed medications, regiments, and your CPAP machine. Related Foley Articles: DOT Physical: Diabetes Guidelines 2024 DOT Physicals: Can I Pass with Sleep Apnea? American Heart Month 2024: Get Your Drivers on Board Arrive to Your Appointment Well-Rested Get plenty of sleep the night before your DOT physical exam and give yourself plenty of time to get to your appointment. Rushing to gather paperwork at the last minute — or dealing with traffic delays — can increase your stress levels prior to your test. Remember Your Hearing & Vision Supports Wear or bring prescription glasses, contacts, or hearing aids if you’re required to wear them for driving. There will be a vision and hearing test that you’ll need to pass during the exam. Related Foley Articles: DOT Physicals: Vision Requirements for the Eye Exam in 2024 DOT Physicals: All About the Hearing Exam Hydrate, Hydrate & Hydrate Some More Drink plenty of water so that you can provide the required urine sample. This sample is not used for a dot drug test (hair or urine), but rather to check for the presence of sugars, protein, or blood — all of which can indicate certain health conditions. Know Your Rights Always remember you have the right to a second opinion if your DOT medical examiner won’t issue you a medical card. Keep in mind, however, that even though the FMCSA does allow second opinions, you can’t “shop around” until you find someone willing to pass you. This means that you must be clear with the new medical examiner that you are looking for a second opinion after being disqualified during your initial exam. Don’t Try to Cheat Your DOT Medical Exam No matter what myths you may have heard, like drinking an overabundance of water to lower the risk of detecting medical issues from your "clean" urine sample, there’s simply no way to fake passing a DOT physical. You must be 100% truthful in your answers to the health history report as well. As a professional driver, you must refrain from driving if you cannot safely do so. If you’re involved in an accident, your medical history will be reviewed with a fine-tooth comb, and you could face legal action if you’re caught being knowingly untruthful in your responses. Get DOT Physical Exam Support from Foley This related Foley article, Everything You Need to Know About the DOT Physical Exam, answers common questions, like what do you need to bring to a DOT physical? And, what happens if you fail a DOT physical exam? If you still need help with anything related to DOT physicals, you can rely on Foley’s compliance experts. Is it time to schedule a DOT physical for one of your drivers? We have you covered. Our DOT physical program includes an impressive nationwide network of FMCSA-certified medical examiners to see your employees when and where it’s convenient for them. Dash, the Foley Platform, automatically sends alerts whenever your drivers are due for DOT physicals based on their medical certificate expiration dates. You’ll never have to scramble to schedule a DOT medical exam at the last minute or deal with the hassle of expired medical cards again. Get your FREE demo of our DOT compliance software and experience how easy it is to manage your DOT physical exams with Foley. Fill out the brief form below!

Class 9 hazmat is a catch-all category for hazardous materials that do not fit into other specific hazmat classes. If you’re confused about what exactly is required of your company to transport class 9 hazmat (hazardous materials), you’re not alone. Read on to have all your class 9 hazmat questions answered. Related: Hazmat Endorsements: Everything You Need to Know What is a Class 9 Hazmat? A “class 9 hazmat” is the term the DOT (Department of Transportation) uses to categorize any hazardous materials that don’t fit into any of the other well-defined hazardous material categories, such as explosives, flammables, and corrosives. What is Included as an FMCSA Class 9 Hazmat? Some of the hazardous materials that are included under class 9 are: Hazardous waste Hazardous substances Hazardous pollutants Any noxious materials Materials that need to be transported by air but could cause the flight crew extreme irritation (such as breathing or sight difficulties) Materials that are considered hazardous at an elevated temperature Any material that has an anesthetic quality Materials that can pollute waterways (called a marine pollutant) What are the Class 9 Hazmat Requirements? In terms of material, they must meet any of the points in the section above, but not meet any of the requirements of hazmat classes 1 through 8. In terms of requirements for drivers, there are no requirements for drivers transporting class 9 hazmat, besides needing their CDL and a valid medical card. But there are shipping requirements for class 9 hazmat materials, which we’ll cover below. Does Class 9 Hazmat Need Placards? No, you don’t need placards to transport class 9 hazmat domestically in the US. Any bulk packaging that contains class 9 hazmat must be labeled with the correct identification number on a white diamond, an orange panel, or a class 9 placard. Any other class 9 hazmat must be marked with the identification number and shipping name. Is a Hazmat Endorsement Required for Class 9? This is one of the areas that often confuses people because there are different requirements for other types of hazmat and for class 9. You do not need a hazmat endorsement to transport class 9 hazmat domestically. Essentially, if you are required to placard what you’re transporting (which you don’t for class 9) you need a hazmat endorsement. You also need a hazmat endorsement if you offer transportation services for hazardous materials that require a placard, even if you aren’t actively transporting them at this time. Why is There a Class 9 Placard if You Don’t Need to Use it? The class 9 placard is provided for international travel. So, if your drivers often cross into Mexico or Canada, they will likely need to use the placard. You can also use the placard to label shipments of class 9 hazmat. What are the Hazmat Class 9 Shipping Requirements? All bulk packaging must be labeled with the correct ID number on a class 9 hazmat placard, OR an orange label, OR a white diamond on all 4 sides. If the class 9 hazmat is not in bulk packaging, then it must be labeled with the ID number on 2 opposite sides. If you are transporting an elevated temperature material, you’ll also need to include a “HOT” label on your packaging, and if you’re transporting a marine pollutant, you’ll need to attach the correct marine pollutant label. What is Considered Bulk Packaging for Hazmat Class 9 Shipping Requirements? Bulk packaging is anything over 1,000 gallons in capacity. If I Use a Class 9 Hazmat Placard, Will I Be Subject to Additional Requirements? No, using a class 9 hazmat placard will not make your shipments subject to the same additional requirements as other hazardous materials. Do I Need to be Registered with PHMSA to Haul Class 9 Hazmat? No, if you haul class 9 hazmat and no other form of hazardous materials, you do not need to be registered with PHMSA (Pipeline and Hazardous Materials Safety Administration). What are Some Common Examples of Class 9 Hazmat? Some of the most common class 9 hazmat are: Ammonium nitrate-based fertilizers Asbestos Nickle batteries Any battery-powered vehicles or equipment Dry ice (or any form of carbon dioxide) Loose cotton Fuel cells First aid kits Fish meal Life preservers Lithium-ion batteries Oxygen generators Electrical safety devices Mace and pepper spray This is not an exhaustive list, but covers some of the more common products people often aren’t sure are class 9 hazmat or not. What are Hazmat Class 9 Examples of Elevated Temperature Materials? One of the areas that is perhaps most confusing is around “elevated temperature materials”, all of which are considered class 9. An elevated temperature material is one that is: In a liquid form at boiling point (100C/212F) Is in a liquid form and has a flashpoint of (or above) 38C/100F Is in a solid form at (or above) 240C/464F Many elevated-temperature materials will, by nature, be categorized in other classes of hazardous materials (because they’re liable to catch on fire or explode). However, while the definition is confusing, you can fit anything that must be transported at an elevated temperature into this category. Examples are: Asphalt Roof tar Road oils Sulfur Molten aluminum Molten glass Molten metal salts If you are transporting a hot material, you are required to add a “HOT” label to the packaging. This follows the same requirements as the other labeling requirements, i.e., you need to label bulk packaging with 4 HOT labels, and anything else with 2. This HOT label should be a white diamond with the word printed in the middle of the square, or a white diamond with the word “HOT” and the ID number below it printed in the center of the diamond. What are Class 9 Hazmat Examples of Marine Pollutants? You don’t need to be transporting a hazardous material over a large body of water for it to be considered a marine pollutant. Some examples of marine pollutants are: Paints Oils Zinc oxide Alcohol ethoxylate Calcium arsenate Coal tar Gasoline Mercury (You can find a full list of chemicals here.) If you are transporting a marine pollutant, you’ll need to label it accordingly with a “MARINE POLLUTANT” label (which must be the same size as a placard). Do I Need to Identify Marine Pollutants if it’s Not Going to be Shipped Overseas? Yes, marine pollutants are what they are by their nature, and their classification doesn’t change simply because it’s not going to come close to an ocean. While you may genuinely never go near a waterway while transporting a marine pollutant, many will. If there were to be an accident where a truck ended up in a lake or river, the attendees would need to know that it contained marine pollutants in order to take the right action. Class 9 Hazmat FAQs for 2024 Is Class 9 Considered Hazmat? Yes, class 9 are still hazardous materials, they just may not be as obviously hazardous as some of the more well-defined hazmat classes. What are the 9 Classes of Hazardous Materials? The 9 classes are: Class 1: explosives Class 2: gases Class 3: flammable liquids Class 4: flammable solids Class 5: organic peroxides and oxidizing substances Class 6: infectious or toxic substances Class 7: radioactive material Class 8: corrosives Class 9: miscellaneous Do My Drivers Need a Class 9 Hazmat Certification? No, there is no training they must take to transport class 9 hazardous materials. It’s recommended you give your drivers some additional training in-house, but a format certification is not needed. Are Lithium Batteries Considered Class 9 Hazmat? Yes, all lithium batteries are class 9. Is Dry Ice Considered Class 9 Hazmat? Yes, dry ice and other products that contain carbon dioxide are all class 9. Are e-Cigarettes Considered Class 9 Hazmat? Yes, since they contain batteries and electrical components, and often the nicotine-flavored liquid (all of which are class 9) they are considered class 9 hazmat. Remember, Hazmat Training is the Key to Safe Transport Although class 9 materials are not held to the same standards as other hazmat classes, they are still hazardous. Consider providing your drivers with additional training before they transport class 9 hazmat. Do you still have questions about class 9 hazmat or other DOT compliance matters? Talk to a Foley compliance expert today. We're ready to help you haul safely and compliantly!

What is the FMCSA’s CSA Program? The CSA program (Compliance, Safety, Accountability) is designed to improve the safety of all drivers on the road. Each motor carrier has a CSA score that represents how well they meet the established requirements. While your CSA score may feel like just another compliance matter you need to worry about, with the right mindset, you can turn your CSA score into one of your best business assets. FMCSA's Safety Measurement System The FMCSA SMS assesses the safety and compliance of motor carriers by calculating their performance in seven Behavior Analysis and Safety Improvement Categories (BASICs). This performance is based on the number of safety violations, severity and recency of crashes, and how many trucks operate under the carrier's name. What is a CSA score? The CSA program launched in November 2010, and it is a program run by the FMCSA that’s designed to encourage carriers to be aware of their responsibility to keep our roadways safe. Each carrier has a CSA score that represents how well they’ve maintained that road safety. The score is calculated on a 0-100 scale, with higher numbers indicating a worse level of safety. CSA scores are updated through the FMCSA’s Safety Measurement System (SMS) each month. Since 2010, the CSA point system has gone through some changes to make the system fairer to drivers who were involved in accidents that were not their fault. And as you'll read later in this post, more changes could be coming down the line. How is a CSA score calculated? The core metrics are called the BASIC scores, which stands for Behavior Analysis and Safety Improvement Categories. They’re calculated using crash report and roadside inspection data that’s collected in the FMCSA SMS, and will differ depending on factors like how long ago an incident occurred (only the last 24 months contribute to your score), the severity of a crash, and annual miles driven. The 7 BASICs are defined as: Crash Indicator: the frequency and severity of crashes. Controlled Substances and Alcohol: having a driver found to be operating a CMV under the influence. Read more about the Controlled Substances and Alcohol BASIC. Driver Fitness: having a driver who has failed to maintain qualification files or is operating without a CDL. Read more about the Driver Fitness BASIC. Hazardous Materials Compliance: handling hazardous materials in an improper manner, such as failing to label materials or having leaky containers. HOS Compliance: driving while sick or tired, or failing to maintain records of duty status for at least 6 months. Read more about the HOS Compliance BASIC. Vehicle Maintenance: failing to maintain vehicles, such as faulty lights, brakes, or improper load securement. Read more about the Vehicle Maintenance BASIC. Unsafe Driving: speeding, improper lane changes, not wearing a seatbelt, and driving in a dangerous manner. Read more about the Unsafe Driving BASIC. What is a bad CSA score for a driver? Drivers do not get individual CSA scores, only carriers do. But if you’re an owner-operator, then your CSA score will reflect your driving and safety habits, as well as those of any other drivers for your company. What is a good CSA score? The closer you can get your CSA score to 0, the better. If you have a good CSA score you can benefit from fewer DOT audits, lower insurance premiums, and may find it easier to land more clients as a responsible and trusted carrier. What is a bad CSA score? Generally, any score that’s 50 or over needs to be taken seriously. If you have a score of 65% or higher in Crash Indicator, HOS Compliance, or Unsafe Driving you’ll be subject to an FMCSA investigation (this lowers to 50% if you transport passengers or hazardous materials). If you reach a score of 80% in any of the other BASIC categories, you’ll also be subject to an investigation. How CSA Scores Impact Truck Drivers While truck drivers don't earn individual CSA scores, their decisions behind the wheel can impact the safety events or accidents that contribute to their employers' CSA scores. Some employers may choose to take disciplinary action if their drivers' choices or habits lead to DOT violations or crashes. What happens if you get a DOT violation? Any violation remains on your record for two years. If your CSA score becomes too high, the FMCSA may decide to give you a compliance review, and if your score suggests that you are a danger on the road, an out-of-service order may be issued (this should only happen after multiple violations and warning letters, so it won’t come out of the blue). How severe is each potential violation? Starting on page 49 of the SMS Methodology handbook, you’ll find a full breakdown of the severity of each violation and how much it may affect your score. How to Improve CSA Scores It’s best to approach your CSA score proactively – meaning you should try to prevent incidents that would affect your CSA score rather than reacting when something bad does happen. You should make sure you do background checks when hiring drivers and make sure your drivers prioritize safety while on the road. If you can, try to keep drivers connected to your main office so they can call in for advice if they are in a potentially risky situation, such as feeling ill or facing adverse weather conditions. But accidents DO happen. If you need to improve your score, here are some tips. Hire Drivers Carefully With the current driver shortages, it can be tempting to onboard drivers quickly without doing the proper background checks. However, try to balance getting trucks out on the road with making sure your drivers don’t have any red flags that may cause your score to suffer in the future. Foley's new hiring, screening, and onboarding software, Dash, helps ensure you put quality employees behind the wheel of your company vehicles. Train Your Drivers Properly Make sure your drivers understand how to handle difficult situations, and review any incidents to understand what happened and if they can be prevented. Maintain Your Trucks and Other Vehicles Drivers should report any vehicle issues requiring repair immediately, and carriers should have the resources to complete the repairs as quickly as possible. Don’t Skip Pre-Trip Inspections Maintenance is always important, but a quick check of a vehicle before leaving for a trip (or even during trips for a long haul) can help ensure you aren’t cited for a violation that could have been easily fixed, like a broken light. What's changing with CSA scores in 2024? In a February 15, 2023 notice, the FMCSA proposed multiple updates to SMS, which is the part of the CSA program that evaluates the crash risk rates of motor carriers and prioritizes them for safety interventions (such as roadside inspections or compliance reviews) based on their performance in the BASICs we covered above. The FMCSA is considering the following changes. Consolidating the BASICs to better pinpoint those that have the largest impact on crash risk. Revising the severity weights of violations to eliminate any unnecessary bias from deciding compliance officials. Adjusting intervention thresholds to focus on carriers that have committed recent violations and have the highest crash rates. Click here for an in-depth review of the proposed updates from Foley's compliance experts. How to Check Your CSA Score You can get daily updates on your CSA score delivered directly to your inbox when you sign up for Foley's CSA Monitor. Whether your score (and your risk of a DOT audit) increases or decreases, you'll be the first to know. Depend on Foley for Daily CSA Score Updates Staying on top of your vehicle maintenance, driver training, and pre-employment background checks will help ensure you keep your CSA score low and take advantage of all the benefits of operating a safe and compliant business. Foley's CSA Monitor can keep you updated on your CSA score on a daily basis, including a breakdown of crash, inspection, and violation reports for every driver so you can see where your business is staying safe and what areas may need attention. You'll receive a comprehensive report that details any changes to your CSA score, what safety events caused the changes, and how to recover your all-important compliance performance. Get your FREE demo of Foley’s CSA Monitor and DOT compliance software today to start taking charge of your CSA score, driver qualification files, and overall DOT compliance. Fill out the form below to get started.

The FMCSA Drug and Alcohol Clearinghouse-II is a new phase of the federal database that tracks commercial drivers' DOT drug and alcohol violation records.

New trucking companies are considered New Entrant Motor Carriers by the FMCSA. If you recently obtained a USDOT number and/or an Operating Authority (MC Number), you have been entered into the Federal Motor Carrier Safety Administration (FMCSA) New Entrant Program.

Think you know the FMCSA HOS regulations? Brush up on them and some exclusions, like the 16-hour exemption, so you can operate a safe fleet. The FMCSA hours-of-service (HOS) rules are designed to help drivers operate commercial motor vehicles (CMVs) safely by avoiding excessive fatigue. They regulate how long employees can drive, when they need to take off, and how long they need to rest.

Driver qualification files can be one of the biggest DOT compliance weaknesses for trucking companies. Many DOT-regulated companies do not have their driver qualification files in order, and they are still relying on paper even though the deadline to switch to digital files has passed. We hope your company meets the current driver file requirements, but if it doesn't, you could be committing numerous violations and eventually face hefty fines. Below are the top five FMCSA driver file violations and their potential fines in 2024. See if your company is committing any of them, and find out how Foley can help you get back on track with our driver qualification file management software. The Top 5 DOT Driver File Violations of 2024 (So Far) #1. Inquiries into driving records not kept in driver qualification files According to the FMCSA Analysis and Information Online database, 1,383 instances of this DOT violation have been cited in 2024. Before officially employing a driver, you must obtain a motor vehicle record (MVR) from all states where they held a commercial driver's license or permit within the past three years, and place these MVRs in the driver qualification file. On an annual basis, you're also required to obtain an updated MVR check on each of your drivers who operate your company's commercial vehicles. The annual MVR check, along with a note indicating who performed the review and when, must be placed in the driver file. #2. Failing to have a complete, DOT-compliant employment application on file for each driver Every step in the application process needs to be completed and recorded in your driver files, and the application itself needs to meet DOT regulation standards. The FMCSA has cited 1,058 violations of this requirement this year. Violating this regulation could result in paying a fine of $1,388 daily, up to $13,885 in total. Foley’s CDL driver employment application is DOT compliant, and when bundled with our driver qualification file management software, it will be stored securely in each of your driver files for auditors to check. And with Apply By License, job applicants can easily complete the process from start to finish on any mobile device, helping to avoid this violation altogether. You’ll also benefit from having all the necessary information about your prospective employees in one place. #3. Using an unqualified driver (positive or refused drug test) Coming in at 1,012 violations in 2024, this violation can be dangerous for not only your unqualified driver but also everyone else they share the road with. Simply put, if a driver produces a non-negative drug test, you cannot allow them to resume their safety-sensitive duties (including driving a truck!) until they've completed the return-to-duty process. #4. Failing to maintain a driver qualification file on each driver Maybe the most severe driver file violation, this DOT recordkeeping mistake has been cited 974 times in 2024 so far. Any business that relies on drivers who operate commercial vehicles with a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,001 pounds or more, transports at least 8 passengers including the driver, or transports hazardous materials that require placarding, must create and maintain a driver qualification file for each of their CDL drivers. #5. Inquiries into driving record not kept in qualification file Not only is it required by the DOT, but running MVR checks on an annual basis (or more frequently) is also a best practice to ensure your employees haven’t committed any moving violations within the past year. Plus, you're required to keep proof of these checks in your employees' driver qualification files. The FMCSA has reported 847 violations of this code in 2024. In most states, our MVR Monitor program fulfills both the pre-employment and the annual MVR report requirements. You’ll also be able to keep an eye on your drivers’ habits on an ongoing basis (as opposed to just once per year), which can help you address any problems that may arise before they turn into violations, fines, or accidents. It’s a win-win situation in terms of on-the-road safety as well as your DOT recordkeeping requirements. Avoid Violations & Fines with DOT Driver Qualification File Management Software The DOT won’t listen to any excuses when it comes to committing any of these driver file violations. Plus, these aren’t even all the possible violations and penalties you could be dealing with if your company isn’t following DOT compliance regulations! Take a look at our list of the top driver file violations and fines that actual companies had to pay their hard-earned money for when they were cited for them. And as always, if you have questions about anything related to DOT compliance and you don’t want to face the same fate as these carriers, rely on Foley! We’ll help you make the seamless transition from paper files to digital, or even set up driver files from scratch if that’s what it takes for you to achieve complete compliance. Before you know it, we might even cut your driver file management time by 50% – just like we did for this happy customer. Fill out the form below or call us to create or convert your driver files today.

Passing a DOT compliance audit starts with keeping your risk profile low. DOT compliance audit… A phrase that strikes fear into the hearts of many. While federal compliance reviews are often stressful and extensive processes, there are a few things you should know to help reduce your company's audit risk and understand how you're evaluated. Common DOT Compliance Review Triggers DOT compliance reviews can occur at any point while a company is regulated by the FMCSA. Although these reviews can occur at any time, various factors may “red flag” the FMCSA to review your company’s DOT operations. These triggers include: Accidents: One accident can alert the FMCSA to conduct a compliance review. How much notice the FMCSA provides depends on the severity of the accident. Accidents that result in a fatality or serious injury will prompt the FMCSA to conduct a review with as little notice as possible. Roadside Inspections resulting in “out-of-service” violations: The more roadside inspections that occur with violations – such as mechanical, hours of service, or moving violations — the more likely the FMCSA will want to conduct a compliance review. Failure of a New Entrant Safety Audit: It is never a good thing to start on the wrong foot. The FMCSA tends to monitor companies that did not pass the NESA at the get-go. Having a firm grasp on the regulations is the best way to ensure the NESA is passed and the FMCSA won’t follow up with a compliance review later on. Learn more about the New Entrant Safety Audit here. Understanding the Outcomes of a DOT Compliance Review Unlike the New Entrant Safety Audit, a compliance review may result in substantial financial penalties depending on the amount and severity of the violations found. In addition, three “safety rating” designations may be assigned to a company following a compliance review. Satisfactory – This is the most desired designation. It means the FMCSA has determined the company has adequate safety management controls in place and is doing its best to comply with federal requirements. Unsatisfactory – While satisfactory is the most desired safety rating, unsatisfactory is the most dreaded. This means the FMCSA has found serious violations and/or non-compliance with federal requirements that may cause safety hazards. In addition to the financial penalties incurred, the company must prove corrective action by submitting a “Safety Management Plan” deemed acceptable by the FMCSA within 60 days for property carriers or 45 days for passenger/hazmat carriers. If they fail to do this, they risk being placed out of service. Conditional –A conditional safety rating designation means that although the FMCSA found at least one violation and/or non-compliance with federal requirements, the company does not necessarily pose an imminent safety hazard. Although a company will not face an out-of-service order, they will incur financial penalties and their DOT operations may be negatively impacted due to contractors and insurance companies being reluctant to work with them. Therefore, to remove a conditional safety rating designation, the company must prove corrective action by submitting a “Safety Management Plan” deemed acceptable by the FMCSA. Un-ratable — Sometimes the FMCSA conducts a “focused” compliance review that only deals with one aspect of federal requirements, and therefore a safety rating designation will not be assigned. However, violations found may result in financial penalties. If you're selected for a DOT compliance review, there are some key DOT violations to watch out for. All of the following are considered “critical” or “acute” in the eyes of the FMCSA and will cause an immediate unsatisfactory or conditional safety rating designation. They can also lead to substantial fines. These DOT violations include, but are not limited to: Any type of drug and alcohol testing violation (provided drug and alcohol testing is required). Using a driver without a valid license. Using a driver who has been deemed medically unqualified. Operating a CMV without the required level of insurance. Failing to maintain hours-of-service records. Operating a vehicle declared out-of-service during a roadside inspection before the required repairs are made. Operating a CMV that has not undergone an annual/periodic DOT inspection. Falsification of records. Have you had an FMCSA Compliance Review that resulted in a Conditional or Unsatisfactory safety rating? Foley is here to help your business recover. To speak with a compliance specialist about how we can help, call Foley at (800) 253-5506 or fill out the form below.

If a driver operates a commercial vehicle across state lines that weighs over 10,000 lbs, carries more than 15 people, or is paid to transport more than eight people, they will need to pass the DOT (Department of Transportation) physical exam.  This physical assesses their overall health and ensures they are healthy enough to operate such a large vehicle without putting their safety and that of others at risk. If you are preparing for your first DOT physical or your first in many years, make sure you read our overview of the DOT physical so you know what to expect. Many drivers schedule their first DOT physical close to home, but what should you do if it’s time for your DOT renewal and you’re nowhere near your permanent address? Read on to find out. Can I Get a DOT Physical in Any State?  Yes, drivers can get their physical in any state, whether they call that state home or not. That means if you’re traveling when your DOT medical card needs to be renewed, or if you currently live in a different state to where you plan to find work, you can get your physical done as soon as you are ready.  Do I Have to Get My DOT Physical in the Same State I Got My CDL? No, it doesn’t matter where you received your CDL, you can still get your DOT physical in any state.  Does the DOT Physical Vary From State to State? No. The DOT physical follows a standardized process and there are set requirements your Medical Examiner must follow and that you must meet, no matter where in the country you book your exam or what kind of doctor is doing it for you. Your first physical may be with a medical doctor in North Carolina, and your second with a Chiropractor in Nevada, for example — unless there's been a change to your health condition between the two physicals, the exam itself should be the same.  Where Do I Get a DOT Physical? You can get your DOT physical done by any Certified Medical Examiner who is registered with the FMCSA. The Medical Examiner doesn’t have to be a medical doctor (MD), but they will have a doctorate (or similar) in the medical field. You can find a registered Medical Examiner by searching on the FMCSA website here. How do I Choose a DOT Physical Provider? If you’re working with a new company, ask them if they have a recommended or preferred provider. When you find a potential provider, try to verify that they are certified by searching for them within the NRCME (National Registry of Certified Medical Examiners) database. Once you’ve confirmed that they are registered, here are a few other qualities to look for:  Good reviews: Check that any potential provider has good reviews. Ideally, these will be reviews of the DOT physical service, but if they are a new examiner, look at the reviews for the other services they offer. Look for comments around professionalism, bedside manner, and level of care. Ignore any reviews that are negative because the examiner followed protocol (such as recommending someone for a sleep study when their BMI is over 40, which is mandatory). While it may be understandable that a driver found a requirement frustrating, the examiner was doing their job. Pricing: This may be of little consequence to you if the company you work for is paying for the physical, but if you’re paying for it, it’s worth looking at the pricing of different providers near you. The cost for a DOT physical varies from provider to provider and in different locations across the country, so choose one that feels good to you. Decide if the qualifications matter to you: A wide range of medical professionals can become certified medical examiners, and all have undergone the same training to complete DOT physicals. However, some drivers have felt more uncomfortable having a medical examiner that is not a fully qualified medical doctor (MD) as they worried the advice or assessment of their health would not be quite as accurate. While Chiropractors are just as capable of offering accurate physicals and medical advice, consider if you have a preference and if you require a medical examiner that is the same sex as you.  Do I Have to Pay for the DOT Physical? Whose responsibility it is to pay for your DOT physical varies from company to company — there are no rules or requirements. Some companies will pay for it because it is necessary to do the job and they want to either provide it as a benefit or have control over where the physical is done. Others, however, expect the driver to pay for it since it is likely the driver will need the physical anyway. It simply depends on the company you are working for.  Do I Have to Get a New DOT Physical if I Start a New Job? No, from the DOT’s point of view, the medical card is valid anywhere in the country, provided it’s up to date. You can use that medical card no matter what company you work for, so if you get a new job, you do not have to get a new medical card.  However, it’s worth noting that some drivers find that the new company requires them to have a physical done by their medical examiner, and some have a company policy of requiring all new drivers to get a new physical before they start driving for them. However, if this is the case, they will usually pay for the physical.  The DOT physical may be new to you now, but after a few years, it will become routine and be a mild inconvenience to you every year or two. Provided the company you work for has no internal policies around their drivers’ DOT medical exams, you can get your physical anywhere in the country provided it’s with a Certified Medical Examiner. If you have any other questions about the DOT physical or your ability to pass, explore our DOT physical guides and articles for more information here. Or, if you're a safety or hiring manager responsible for your drivers' DOT physicals, check out our automated DOT physical management program. Links to Related Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Vision Requirements for the Eye Exam DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can You Pass with a Hernia? DOT Physicals: Will I Pass with Diabetes? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: What if I have a Medical Condition? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

The Unified Carrier Registration period is officially open. Are you required to file a UCR for 2025? The UCR Board made a statement in the past that changed the definition of what is a commercial motor vehicle (CMV). They also changed who needs Unified Carrier Registration to legally operate in interstate commerce. Below, we cover the definition of a CMV, what the UCR is, and when UCR filing is due for the upcoming year. What is a commercial motor vehicle? All CMVs that operate in interstate commerce (meaning across state lines) are required to have a valid UCR registration. But what qualifies as a CMV? Here’s how the UCR Board defines it: The vehicle has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds — whichever is greater. The UCR Board also added that eligible vehicles include those with connected trailing equipment having a gross combination weight rating or gross combination weight of at least 10,001 pounds, whichever is greater. The vehicle carries placarded amounts of hazardous materials, regardless of vehicle weight. The vehicle is designed to carry more than 10 passengers. The UCR Board has added that the driver is included in this number. While these changes may not seem significant, it’s important for carriers and drivers to know whether or not they needed a UCR in the past, they should double-check these definitions to see if they are liable. Otherwise, they may not be compliant and risk being subject to fines, violations, and vehicle detainment. What is Unified Carrier Registration? The UCR is a state revenue-sharing program and interstate compact established by federal law in 2005 that requires all operators of commercial vehicles who are involved in interstate and international travel to register and pay annual fees. Fees collected through the UCR program are used to fund the enforcement of safety and compliance programs throughout the country. Companies who make arrangements for the shipment of goods, such as brokers, freight forwarders, and leasing companies, are subject to UCR payments — as is any company with a federal MC number. When is the Unified Carrier Registration due? Carriers must file their UCR for the upcoming year no later than December 31 of the preceding year. For 2025 UCR registration, payments must be made no later than December 31, 2024. The UCR filing period officially opened on October 1, with payment amounts based on the size of a carrier’s fleet. It’s important to note that leased vehicles under a carrier’s DOT number are also their responsibility. File Your Unified Carrier Registration Renewal Now If you don’t file your annual UCR and your drivers are caught moving freight over state lines, enforcement officials could detain your vehicles, and you could be required to pay additional fines and penalties — which, depending on the state, can be as high as $5,000 for first-time offenders. Is your UCR registration ready for 2025? Rather than waiting until the last minute, Foley can manage the registration for you and ensure your UCR is updated and compliant. Click here or call (860) 530-6310 to let Foley take UCR filing off your end-of-year compliance to-do list.

A criminal background check is a key part of the pre-employment screening process, as it can provide a deeper understanding of a person's character, habits, and safety values. When evaluating this information, however, it's important to remember that it isn't simply what a person did in the past that matters, but when the arrest or conviction occurred. City, state, and federal employment laws ensure everyone is given a fair chance at rehabilitation — and, in time, a clean slate that prohibits consideration of certain adverse information.

Over 9,000 vehicles and 2,000 drivers were placed out of service during the CVSA Roadcheck 2024 inspections.

How can DOT compliance software help you meet upcoming annual safety and compliance deadlines? With the first day of fall officially behind us, it’s time to look ahead on the calendar to see what’s happening in the safety and transportation industry in October. Here are this month’s DOT compliance and safety events:

NYS marijuana laws — regarding use and testing — have changed in recent years. But federal regulations and the FMCSA Drug and Alcohol Clearinghouse still take priority for truck drivers. The New York State Department of Labor announced that employers may not include marijuana on its drug testing panel for most employees in the state in October 2021. This followed the legalization of recreational marijuana use in the state earlier in the same year. According to guidelines released by the DOL, employees (in most instances) must be allowed the freedom to use recreational marijuana outside of the workplace. Similar to alcohol use, restrictions only come into play when the substance is used during work hours or creates “articulable symptoms of impairment” that either impact the employee’s performance or the overall safety of the workplace. The only employers exempt from this rule are those who hire state and/or federal employees. This would include employers of safety-sensitive commercial vehicle drivers. What NYS Marijuana Laws Mean for DOT-Regulated Companies If you employ DOT-regulated drivers who reside in the state of New York, the above drug testing regulations will not apply to them. They should be enrolled in a federally regulated drug and alcohol testing program that includes marijuana on the drug testing panel. This means that although recreational marijuana is legal in the state in which they reside, it is illegal for them to consume it as a federally-regulated employee. If they produce a positive drug test result for marijuana use, you will be required to pull them from duty and report the results of that test to the DOT Clearinghouse. That driver will then need to complete the return-to-duty process before they’re able to operate a CMV for any employer in the future. However, suppose you employ non-CDL drivers, front-desk staff, or other non-federally regulated employees that reside in New York. In that case, you can no longer include marijuana on your drug tests for these employees – either for pre-employment drug tests or random drug tests. Educating Employees on New York Drug Testing Laws It’s important to reiterate to your federally regulated drivers that marijuana is still prohibited for safety-sensitive employees and that a positive drug test for the substance will result in them being pulled from the road immediately. Over 159,000 positive drug tests for marijuana were reported to the FMCSA Clearinghouse this year alone — a number that continues to rise as medical and recreational marijuana is legalized across the country. It's important to warn your DOT-regulated drivers about the potential dangers of using CBD, which may contain trace amounts of THC and has been known to contribute to a positive drug test result. If they are uncertain whether the product they’re using is 100% safe, they should err on the side of caution and look for an alternate remedy that is not CBD-based. Managing Your DOT Clearinghouse & Drug Testing Programs Navigating DOT drug test rules is no easy task, especially if you employ a mix of DOT-regulated and non-regulated workers. But working with a reliable third-party administrator (TPA) like Foley can make it a little less confusing and stressful. Our compliance experts will work closely with you to determine who on your employment roster needs to be enrolled in a DOT drug and alcohol testing program, and who needs to be enrolled in a drug-free workplace program. Foley also specializes in DOT Clearinghouse compliance. We can help register your company, ensure you're getting the right consent to perform compliant Clearinghouse queries, and report positive drug test results to the Clearinghouse on your behalf. Ready to make drug testing easier and have peace of mind that you're following the most recent New York drug testing laws? Get a free demo of our drug testing program today. This Foley article has been updated with the latest regulatory information as of September 30, 2024.

What is MVR Monitoring and how does it work? As a Department of Transportation-regulated business, you’re well-accustomed to the process of pulling annual Motor Vehicle Reports (MVRs) for every driver you employ. You must do so to meet federal recordkeeping requirements. Still, this process doesn’t just check a box to ensure your compliance as a company that relies on commercial drivers — it is an important step to make sure that safe, qualified drivers are behind the wheel. This ultimately helps protect your business, your drivers, and other motorists. The only problem: What happens when one of your drivers gets a DUI or commits a serious traffic or safety violation a day, week, or month after you pull their annual report? Or if they have their license suspended for another significant offense? It can be difficult to keep track of all your drivers, all the time. And unless they voluntarily come clean with new information on infractions or violations, you’ll be in the dark until the next annual review or audit. For a growing number of carriers, the solution is MVR Monitoring. These automated programs actively monitor the MVRs for CDL drivers on an ongoing basis to help businesses more easily identify problems, address concerns, and put corrective action plans in place (if needed) before an out-of-service issue arises. Don’t get caught off guard — not staying in the know about your drivers can be costly, dangerous, and have serious ramifications for your business. Here’s how you can protect yourself. How Do MVR Monitoring Programs Work? Much as the name would suggest, MVR Monitoring keeps tabs on drivers by constantly monitoring their driving records and looking for new information. As soon as there is any change, or “hit,” found on an MVR for CDL drivers, an updated report is pulled and evaluated for accuracy. Employers are immediately alerted to any “hit” and receive the updated MVR for review. These “hits” could be anything from accidents to DUIs, to speeding tickets or other motor vehicle violations or convictions. They could also signify CDL suspensions or revocations, safety violations, or medical certificate downgrades. MVR hits also include positive changes, such as when a driver renews or updates their CDL or medical certificate. As an added benefit, enrollment in an MVR Monitoring program often fulfills the Department of Transportation’s annual MVR requirement by running a new MVR for CDL drivers annually for each driver’s file and annual violation review. Why MVR Monitoring is Important Unsafe drivers are a huge liability, and the statistics say it all: The commercial fleet accident rate is 20%, and the average cost for motor carriers when one of their fleet is in an accident is $6,000. That amount grows astronomically — to an average of $150,000 — if injuries are involved. As Foley has found with its own digital solution, MVR Monitoring can help prevent up to 34% of common Federal Motor Carrier Safety Administration (FMCSA) violations. According to the Department of Transportation, the top violations for commercial motor vehicles include: Moving violations: Speeding; following too closely; improper lane changing; reckless driving; improper turning; failure to yield to right of way; railroad grade crossing violations; and failure to obey traffic control devices. Driving with a suspended or revoked license. Not having a current medical certificate. Driving under the influence of drugs or while in possession of an intoxicating substance. Failing to use a seat belt. Using a hand-held device. Having an unauthorized passenger on board. Failing to conduct pre-trip inspections. Failing to use/improper placement of warning devices. The cost of these violations can be steep — in the thousands of dollars per infraction. Then there’s the lost time and money if you have to pull a driver from the road and search for a temporary or permanent replacement. Your insurance premiums will likely go up — or your provider might decide to drop you — and your partners and customers may be hesitant to work with you, or decide to take their business elsewhere. Most significantly, your Compliance, Safety, Accountability (CSA) score and safety rating could be impacted. Depending on the severity (and number) of the offense(s), you could even be hit with a Conditional or Unsatisfactory rating — both of which, while also being incredibly costly, can involve a long road to recovery as you take corrective action. Simply put, as a company operating under the watchful eye of the Department of Transportation, you are ultimately responsible — and liable — for your workers’ actions. Staying up to speed on each MVR for CDL drivers can help you identify those at highest risk, so you can work with them to reduce incidents and improve their safety on the road. It can also help you more quickly identify unqualified drivers who might otherwise have continued hauling freight unchecked until their annual record caught up with them. MVR Monitoring keeps you in the know, allowing you to operate a safe, compliant fleet and maintain a strong safety rating. When you are armed with the information in real time, you can take immediate corrective action. What’s more, making use of a motor vehicle report monitoring service for monthly records can reduce administrative time — so you can stay focused on what’s most important to you: Running your business. Foley’s Continuous MVR Monitor Program Not continuously monitoring your drivers’ MVRs is risky and could end up being costly, but Foley is here to help protect you. We provide you with a secure, dedicated online portal that can be accessed anywhere via phone, tablet, or computer. All of your drivers are then enrolled in the program and continuously monitored, and whenever new information is detected, their updated MVR is immediately uploaded, and you receive real-time e-notifications. Our MVR for CDL drivers program is part of a comprehensive screening and compliance portal that will help you better manage your drivers’ safety and regulatory requirements. Don’t get caught off guard. Protect yourself today.

As you know, there are many rules and regulations to comply with in the industry, from DOT record-keeping requirements to the physical condition of your drivers. But one of your most significant concerns? FMCSA intervention thresholds. If you’re not familiar with them, these thresholds are strong indicators of your company’s risk of crashes, and your overall safety fitness level. Exceeding intervention thresholds can put you on Federal Motor Carrier Safety Administration (FMCSA) priority lists, and result in fines and violations. If they are bad enough — and worse, if you don’t do anything about them — they could even put you out of business. FMCSA Intervention Thresholds & Crash Risk Intervention thresholds are based on seven Behavior Analysis and Safety Improvement Category (BASIC) percentiles. These are set by the Federal Motor Carrier Safety Administration (FMCSA) under the agency’s Compliance, Safety, Accountability (CSA) scoring program. These seven BASICs include: Unsafe Driving – Speeding, reckless driving, improper lane change, inattention, or failure to use seatbelts Hours of Service (HOS) Compliance Crash Indicator – History of crash involvement Driver fitness – Invalid license, medically unfit to operate a CMV Controlled substances/alcohol – Use or possession Vehicle maintenance – Failure to make necessary repairs Hazardous materials compliance – Leaking containers, improper packaging, and/or placarding Need more details on these BASICs and how they impact your DOT compliance? This free Foley guide explains their impact on your CSA score and recordkeeping requirements. Based on relation to crash risk, the FMCSA has determined the following intervention thresholds for each of those BASICs: Unsafe Driving, HOS Compliance, and Crash Indicator: 65% (with percentiles of 50% for passenger vehicles and 60% for hazardous materials vehicles); Driver Fitness, Controlled Substances/Alcohol, and Vehicle Maintenance: 80% (with percentiles of 65% for passenger vehicles and 75% for hazardous materials vehicles); Hazardous Materials Compliance: 80% How FMCSA Thresholds are Set Carrier safety performance in the SMS system is based on the previous 24 months of on-road performance, inspection and crash data, as well as any Acute and Critical Violations found during investigations over the last 12 months. As expected, more recent inspections weigh more heavily on SMS calculations. Violations are broken down into three time periods: Those that occurred within the last six months; those that occurred between six months and one year ago; and those older than 12 months, but more recent than 24 months. Carriers are then grouped by BASIC with other carriers with a similar number of safety events, and then assigned a percentile from 0 to 100, prioritizing them for interventions. Exceeding FMCSA Thresholds: The Consequences & What You Can Do On-road performance, investigation results, annual audits, and safety events such as International Roadcheck can all result in a carrier being identified for CSA interventions. During any of these, a company could also be given “Conditional” or “Unsatisfactory” ratings, which puts them at increased risk for audits, not to mention more scrutiny from auditors, inspectors, and federal entities. Then there are the fines and potential lost business from carrying such a negative reputation. Companies like yours can improve their BASIC thresholds by demonstrating improved performance at roadside inspections and remaining violation-free so that their poor inspections eventually fall outside the 24-month timeframe. They can also increase their standing when going an entire year without any BASIC violations — this is particularly important when it comes to the Unsafe Driving and Crash Indicator BASICs. The SMS also stops flagging motor carriers a year after Acute or Critical Violations have been issued. Stay off the FMCSA's Radar with Foley It can be confusing to understand all these FMCSA regulations and their various consequences. Ensure that you and your drivers are informed of the BASICs. Also, remain vigilant about the physical condition of your fleet. You can also boost your chances of passing DOT audits and improving your FMCSA safety rating by partnering with Foley. The Foley Audit Risk Monitor keeps track of where you stand with the FMCSA, and if you're at risk of an audit due to your BASICs performance. Contact us today or request a FREE DOT compliance software demo to learn how we can help you remain in good standing when it comes to the BASICs and stay below FMCSA intervention thresholds!

Make sure you have the proper consent to run your annual Clearinghouse queries before the end of 2024. Since the official commencement of the FMCSA Drug & Alcohol Clearinghouse in January 2020, the federal government has proved that it is taking drug and alcohol testing and reporting seriously. FMCSA-regulated employers must run pre-employment and annual Clearinghouse queries on all current and prospective drivers. This is to ensure that they are not prohibited from operating commercial motor vehicles (CMVs)—or performing other safety-sensitive functions — due to unresolved drug or alcohol violations. Because the information contained in the FMCSA Clearinghouse is sensitive and can impact employment, employers must receive consent from drivers before conducting queries of the system. If they don’t, they will be in violation and subject to steep fines. Two Types of FMCSA Drug & Alcohol Clearinghouse Queries & What They Show As of January 2020, DOT-regulated employers are required by law to be registered within the FMCSA Clearinghouse system and use it to run queries on drivers. There are two different types of queries that these companies must run: limited and full. Both require driver consent, but the type of consent depends on the query. Limited Clearinghouse Queries Limited queries allow employers to determine if a driver’s Clearinghouse record contains any information about resolved or unresolved drug or alcohol program violations. However, they do not release any specific violation information contained in the driver’s Clearinghouse record. Limited queries are run: As annual checks on currently employed drivers. As ad hoc/periodic checks on drivers. Consent can be received outside of the Clearinghouse and via electronic or paper signature. The consent form must also specify a time range that allows the employer to run queries on the employee. Remember, you can only run a query if a driver provides consent—and you must then retain the consent form in a secure location. If a driver refuses to consent, they must be pulled from duty until the required queries have been run. If the Clearinghouse returns a record on a driver, you must: Conduct a full query to release violation and/or return-to-duty details. If this query is not conducted within 24 hours, the driver must be removed from operating a CMV or performing other safety-sensitive functions. Full Clearinghouse Queries In contrast to limited queries, full queries allow employers to see detailed information about any drug or alcohol program violations in a driver’s Clearinghouse record. They are run: As pre-employment checks on prospective drivers. As ad hoc/periodic checks on drivers. When a limited query has returned records on a driver. Consent must be received electronically within the Clearinghouse—for every full query performed for every individual driver. If consent is provided, a full query will be conducted, and full violations and/or return-to-duty details (if any) will be released. If a driver refuses to consent, however, you will be notified, a query will not be run, and the driver will be prohibited from performing safety-sensitive functions until they've provided their consent to run the query. Consequences for Non-Compliance with the FMCSA Drug & Alcohol Clearinghouse Because the FMCSA Clearinghouse is subject to the Fair Credit Reporting Act, there are consequences for running queries without consent. The Department of Transportation (DOT) set a fine of $5,833 for each violation of any provisions in the Clearinghouse. This applies to all drivers, employers, and medical review officers. For employers, that would be $5,833 per violation—so if you don’t receive consent for every driver as required, it could be costly. Bottom line: Follow the Clearinghouse query consent rules for all prospective and current drivers. Background on the FMCSA Clearinghouse The Clearinghouse is a secure online database providing real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. It was enacted by Congress to improve highway safety by keeping drivers in violation off the roads and ensuring that they receive required evaluation and treatment before operating a CMV or performing other safety-sensitive functions. It also makes it easier for employers to meet their pre-employment investigation and reporting obligations, as well as for the FMCSA to determine employer compliance with testing, investigation, and reporting requirements. The Clearinghouse contains the following information: Report for duty/remain on duty for safety-sensitive functions with alcohol concentrations of .04 or greater or while using any other drug other than those prescribed. Alcohol or drug use while performing or within four hours of performing a safety-sensitive function. Alcohol or drug use within eight hours of an accident or until the post-accident test is completed, whichever occurs first. Positive tests for use of specified drugs. Refusal to submit to a required alcohol or drug test. Per federal law, both employers and commercial motor vehicle drivers must register in the FMCSA Clearinghouse. Consortia/third-party administrators (C/TPAs), medical review officers, and substance abuse professionals must also register. Keeping up with these requirements can be overwhelming, and the statistics are startling: More than 230,000 violations have been recorded in the Clearinghouse, and more than 70% of those drivers are still in prohibited status, according to the latest Clearinghouse Monthly Summary Report. Partner with a Third-Party Administrator for Complete FMCSA Clearinghouse Compliance Foley offers comprehensive DOT Clearinghouse program management in our platform, Dash. Once you're enrolled, we'll collect timely consent from your drivers and run full, limited, and follow-up queries on your behalf. Hands-free Clearinghouse compliance is possible with Dash! If you still need to run your annual Clearinghouse queries for 2024, reach out to one of our compliance consultants now. Our team will ensure you're all set before the clock strikes midnight on New Year's Eve.

Now that the temperatures will start to drop in most regions of the US, more CDL drivers are hauling flammable liquids, explosives, and gases on our roadways. Hauling these hazardous materials, also known as hazmat, can be dangerous. These materials can cause damage and often pose a health risk to people, animals, and the environment, so it’s no surprise that the government requires drivers transporting these materials to have additional qualifications. These qualifications are known as hazmat endorsements. What is Hazmat Endorsement? Hazmat endorsement is a certification a driver can get to allow them to legally transport hazardous materials in the United States. To get a hazmat endorsement you need to pass a written exam and background screening (known as the Hazmat Endorsement Threat Assessment Program), and then you’ll be given your hazmat endorsement which is signified on your license with a capital “H.” Is Tanker Endorsement the Same as Hazmat? No, while they both involve transporting hazardous materials, drivers need additional knowledge to drive tankers. You can, however, obtain both a hazmat endorsement and a tanker endorsement. If you do both, you’ll have an “X” on your license instead of an “H.” When is Hazmat Endorsement Required? A hazmat endorsement is required whenever transporting hazmat that requires the display of placards (i.e., any hazmat in classes 1-8). What are the Requirements to Get Hazmat Endorsement? The general requirements are: Be 21 or older Hold a valid CDL (commercial driver’s license) or CDL permit in the state you’re applying Do not have any disqualifying criminal offenses (we’ll cover this in another section shortly) Complete the TSA Threat Assessment in either of the following ways: You can complete an online application Complete the entire process at an application center OR at your local DMV if you are in FL, MD, MS, NY, PA, TX, VA, or WI Go to the DMV and present: Proof of identity and birth date with your US passport, birth certificate, certificate of naturalization, or certificate of US citizenship OR Proof that you are a lawful permanent resident with your permanent resident card, alien registration receipt card, temporary I-551 stamp in your foreign passport or on form I-94 with arrival/departure record and a photograph, OR Reentry permit (form I-327) Valid DOT card (and medical waiver if applicable) You’ll also need to: Pass a vision test Willingly give your fingerprints Pass the Hazmat CDL written exam at an application center Pay test and endorsement fees Note that some differences may exist depending on what state you’re applying in, so make sure you check if there is any additional information or differences for your state. How to Get a Hazmat Endorsement Getting hazmat endorsement isn’t a complicated process, you simply need to: Apply and pay for your hazmat endorsement and have a background check (this can be done online, at an application center, or at your DMV depending on your state requirements) Take a vision test Take the written test How Long Does it Take to Get Hazmat Endorsement? The first step, which is applying and having a background check completed, shouldn’t take any longer than 60 days. You can check the status of your application here. How Do You Apply for a Hazmat Endorsement? You can apply online, at your local application center, or your local DMV, depending on the requirements of the state you’re in. To start your application, click here. How Much is the Hazmat Endorsement? The fee for getting a hazmat endorsement is usually around $90. About the Hazmat Endorsement Test How many questions are on the hazmat endorsement test? The hazmat endorsement test is made up of 30 questions, though this can differ from state to state. How much does the hazmat test cost? The cost of the test itself depends on your state, but they’re generally minimal, at about $15-$20. You may choose to purchase study materials to help you pass, and this rarely exceeds $20. What do you need to pass the hazmat endorsement test? You’ll need a score of 80% to pass, so around 24 answers right out of 30. How hard is the test? If you spend some time studying, you won’t find it difficult. The test covers topics like: Why the regulations are in place Bulk tank marking, unloading, and loading Your responsibilities as a hazmat driver Parking and driving regulations Communication rules What to do in emergencies Safety procedures when loading and unloading You can find plenty of study materials online, so take advantage of those to prepare. If you’ve been encouraged to take the test by your employer, ask if they have any recommended materials you can use. What’s Involved With the Hazmat Endorsement Background Check? The requirement for a hazmat endorsement background check was introduced after the events of September 11, 2001, so the main thing they’re looking for is any previous criminal history that may indicate that you pose a risk to public safety. It involves: Fingerprint FBI criminal history record check Intelligence-related history check Immigration status verification Where Do I Go to Get Fingerprinted? This varies somewhat depending on what state you’re in, so check what your state requires. That said, most states will either allow you to have your fingerprints taken at an application center or at your local DMV. What Can Disqualify You From Getting a Hazmat Endorsement? Since the background check is to ensure you won’t pose a serious threat to personal safety and national security, the crimes that will disqualify you are serious in nature. They are: Espionage Illegal handling, purchase, use, dealing, or possession of explosives Improper transportation of hazardous material Murder Sedition Transportation security incident Terrorism Treason Conspiracy or an attempt to commit any of the above crimes will also disqualify you. There are some other crimes that, if convicted within the past 5 years, will disqualify you temporarily. They are: Aggravated sexual abuse Arson Assault with intent to kill Bribery Drug dealing Extortion Fraud Immigration violations Kidnapping Rape Robbery Smuggling Weapons violation (such as unlawful possession, use, sale, or dealing of a firearm) Your state may differ slightly, so check their requirements if you’re not sure. What Happens if You Fail the Background Check? If you believe you have failed in error, you can appeal the decision. Otherwise, there are no consequences of failing the background check and you will be able to continue your job as normal. What’s the Penalty for Hauling Hazmat Without Endorsement? If you knowingly haul hazmat without an endorsement, the penalties can be serious. You can face a $55,000 – $75,000 fine, and if serious harm is caused to a person or property, this increases to $110,000 to $175,000 – though it is worth noting that these fines are for the business. Penalties for a driver may be different but are likely to be just as serious (such as job loss). How Long is a Hazmat Endorsement Good for? A hazmat endorsement is good for five years, though this can vary from state to state. You will need to submit new fingerprints at each renewal and you may need to complete another test if it has changed since you last completed it. Does a Hazmat Endorsement Enable You to Get Paid More? Yes, a hazmat endorsement will enable you to get higher-paying jobs. A general breakdown of salary is: Class A CDL salary: $53,948 With hazmat (“H”): $62,471 With hazmat and tanker (“X”): $71,461 Does Hazmat Endorsement Transfer From State to State? You only need the hazmat endorsement to be issued in your home state but if you move to a new state, you’ll need to transfer your hazmat endorsement. Check with the requirements of the state you’re moving to, but in most cases, you’ll need to resubmit to a background and fingerprint check to transfer your hazmat endorsement. Hazmat Endorsement FAQs Is the hazmat endorsement worth it? If your goal is to make the most money from your job — as it is for most of us — a hazmat endorsement is worth it. With this additional endorsement you can demand more money for your skills and the additional risk involved in transporting hazmat also increases the amount you’re paid. You will also be able to be pickier about the jobs you take and don’t because you’re more in demand. Can you get a hazmat endorsement without a CDL? No, you need to hold a valid CDL to get a hazmat endorsement. Are there hazmat and tanker endorsement classes? You can find online learning resources to help you pass your hazmat and tanker endorsement tests. Can you get a hazmat endorsement with a felony? Yes, though it does depend on the felony. The Disqualifications section above lists out the specific crimes that will disqualify you from a hazmat endorsement permanently or temporarily. Can you get a hazmat endorsement with a misdemeanor? Yes – or at least, it’s highly unlikely a misdemeanor will get you disqualified. The crimes that disqualify you from getting a hazmat endorsement are generally felonies. Check with the requirements of your state if you aren’t sure. Can you get a hazmat endorsement with a DUI? If your CDL is currently valid, then you shouldn’t have any problems getting a hazmat endorsement. That said, DUIs are taken seriously for commercial drivers and you will lose your CDL permanently if you are convicted of two DUIs. How do I know when my hazmat endorsement expires? It will expire 5 years after you get it, or sooner if that’s what your state requires. Do I need a hazmat endorsement to haul class 9 hazmat? No, you don’t need an endorsement for class 9 hazmat. You do for classes 1-8, however. Do I need a hazmat to haul batteries? No, in almost all cases batteries are class 9, and so while they need to be labeled appropriately, they do not need to be transported by a driver with a hazmat endorsement. That said, it’s good to have some additional knowledge of transporting hazmat if you are transporting class 9 hazmat regularly. How much hazmat can I carry without placards? You can only carry class 9 hazmat without placards, but you need to ensure you’re labeling as needed. Start Hauling Hazardous Materials with Your Hazmat Endorsement Getting a hazmat endorsement can open a lot of new doors for you as a driver and the process is straightforward and affordable. If you’re thinking about going through the process, it will be well worth it. Have additional questions about hazmat endorsements or other DOT compliance matters? Talk to a Foley compliance expert today. We're here to help!

Foley is here to answer your questions about DOT compliance and prepare your business for DOT audits. You may remember part one of this Foley article series we published earlier this month. As promised, here's part two!

Did you know your commercial vehicle maintenance can impact your CSA score, for better or worse?

The end of the year is approaching, and that means the annual Unified Carrier Registration (UCR) period will open soon. At that time, all motor carriers operating in 2025 will need to purchase an updated UCR registration. Registration officially opens on October 1, 2025.

This year’s Truck Driver Appreciation Week officially kicked off yesterday and will last through Saturday, September 21.

Hiring? Ensure you have qualified drivers who have all the right licensure and endorsements to operate your company's vehicles. Whether you’re a seasoned trucker or you’re considering a new career in trucking, you know that earning your commercial driver’s license (CDL) is the first step toward a promising career as a truck driver. But did you know that a lack of endorsements or having restrictions on your license could be holding you back from various truck driving jobs? The demand for commercial truck drivers is at an all-time high. Having certain endorsements and removing said restrictions can enhance your chances of being hired by a great company where you want to build a lifelong career. License endorsements also allow you to transport special types of goods as opposed to simply running general freight. As you continue driving a commercial motor vehicle (CMV), you should continue to earn endorsements and have restrictions removed. CDL Classes Let’s start with the three different CDL classes you can earn before you can consider adding endorsements. Class A CDL This is the most commonly issued CDL. With a Class A CDL, you have the authority to operate a vehicle with a gross combination weight rating (GCWR) of 26,001 or more pounds, including a towed object/vehicle with a gross vehicle weight rating (GVWR) over 10,000 pounds. You can operate the following vehicles with a Class A CDL: Tractor-trailers and flatbeds Livestock carriers Tankers Truck and trailer combinations Tractor-trailer buses Semi-truck with flatbed trailer If you’ve earned the appropriate Class A endorsements, you can even be authorized to operate some Class B and Class C trucks. Class B CDL You can operate a vehicle at or over 26,001 in GCWR with a Class B commercial license. If you are using the vehicle for towing purposes, the GCWR cannot exceed 10,000 pounds. Vehicles you can drive with a Class B CDL include: Straight trucks Public transport and tourist passenger buses Segmented buses School buses Delivery service box trucks Dump trucks with small trailers Tractor-trailers Just like you’re allowed to operate different vehicles with a Class A CDL, you can operate some Class C vehicles with the right Class B endorsements. Class C CDL You must obtain a Class C CDL to drive a vehicle with a GVWR of less than 26,001 pounds, a vehicle towing another vehicle that has a GVWR that does not exceed 10,000 pounds, as well as a passenger vehicle with 16 (including the driver) or more people. You must also hold this CDL class to drive a truck carrying hazardous material (HAZMAT) under federal guidelines. With a Class C CDL (and the right endorsements), you can drive: Small trucks equipped to transport HAZMAT Passenger vans Small trucks towing trailers CDL Endorsements The CDL endorsements you hold determine the different types of CMVs you can operate and the freight you can haul within them. Earning each type of endorsement requires passing its corresponding test. Just like there are different CDL Classes between different states, there are also different endorsement requirements per state. How much do CDL endorsements cost? The price tag attached to most endorsement tests (except HAZMAT, which is more involved) varies by state, but it is relatively affordable. Holding more endorsements only makes you a more desirable hire and increases the likelihood of earning more money and being a successful driver. Once you earn additional endorsements, you need to remember to renew them when you renew your CDL to keep them valid. H Endorsement Also known as the HAZMAT endorsement, an H endorsement is required to operate a vehicle that contains hazardous materials. Applicable CDL classifications: Class A, B, and C Required testing: written knowledge test N Endorsement Drivers with an N CDL endorsement can drive tankers, or vehicles that transport liquids and gases. Applicable CDL classifications: Class A and B Required testing: written knowledge test P Endorsement If you’d like to operate a vehicle or bus that seats upwards of 16 people, you’ll need to earn your P (passenger) endorsement. To be a school bus driver, you will need to fill out separate forms, earn another endorsement in addition to the P endorsement, and pass a federal background check. Applicable CDL classifications: Class A, B, and C Required testing: written knowledge test and road skills test S Endorsement The S (school bus) endorsement is the second endorsement noted above that’s required to be a school bus driver. Applicable CDL classifications: Class A, B, and C Required testing: written knowledge test, road skills test, and background check T Endorsement Once you’ve earned your T endorsement, you’ll be able to haul double or triple trailers. Applicable CDL classifications: Class A Required testing: written knowledge test X Endorsement A combination endorsement by nature, the X endorsement permits you to transport HAZMAT within a tank. Applicable CDL classifications: Class A and B Required testing: written knowledge test CDL Restrictions In contrast to earning endorsements, you can also receive CDL restrictions during the testing portions of your trucking career. It’s best to avoid these as much as possible since they will limit the types of vehicles you can legally operate. The good news is, that most restrictions can be lifted by taking the right restorative actions, but the removal requirements do vary by state. Here are the seven most common CDL driving restrictions you can be marked with. E Restriction The type of transmission the CMV has during your road skill test determines if you’ll receive this restriction. If you complete the test operating a CMV with an automatic transmission, your CDL will be marked with an E restriction, and you will not be able to drive a CMV with a manual transmission. To remove it, you must re-take the road test driving a rig with a manual transmission. L Restriction Having an L restriction on your CDL means you cannot operate a vehicle with a full air brake system. You will receive an L restriction in one of two circumstances: by driving a CMV without a full air brake system, or by failing to pass the air brakes knowledge exam. To remove the restriction, you must pass all sections of the CDL exam relating to air brakes. M Restriction If you have a Class A CDL and passed your P or S endorsements with a Class B or C passenger vehicle, you’ll receive an M restriction on your license, and you’ll be excluded from operating any Class A passenger vehicles. Passing the skills test in a Class A passenger vehicle is required to remove the restriction. N Restriction Like the M restriction, if you have a Class B CDL and obtained your P or S endorsement in a Class C passenger vehicle, you’ll acquire an N restriction on your CDL and be prohibited from operating a Class B passenger vehicle. Removing it involves passing the skills test in a Class B passenger vehicle. O Restriction You will have an O restriction added to your license if you’re a Class A CDL driver and you took your road skill test in a vehicle that did not have a fifth-wheel connection, such as a gooseneck, ball and chain hook up, or pintle hook. From there, you will be able to operate only CMVs without a fifth-wheel connection. Passing the road skills test using a vehicle with a fifth-wheel connection will remove the restriction. V Restriction If you have a reported medical variance as defined by the Federal Motor Carrier Safety Administration (FMCSA), your CDL will have a V restriction on it. Medical variances are impairments that can present safety hazards while operating a vehicle. The most common medical variances are: Diabetes Seizures Hearing problems Eyesight impairment As long as your medical certificate states you have any of these conditions, the restriction will remain on your license; however, the FMCSA may provide you with an exemption. Z Restriction You are not authorized to operate a CMV with full air brakes if your license has a Z restriction placed on it. The Z restriction means you performed the road skills test with a vehicle that had a partial air system or hydraulic system. You will need to complete the driving test with a vehicle that has a full air brake system to remove the Z restriction. Be the Best CDL Driver You Can Be Moving forward with your career as a truck driver means knowing which types of vehicles you want to drive and how to legally do so, avoiding license restrictions as much as possible, and working toward the endorsements you can earn along the way. In today’s hot trucking industry, almost nothing is stopping you from working for your ideal company and being a safe, successful driver!

How sleep apnea may impact your DOT physical exam results is a hot topic in the trucking industry. Becoming the driver of a commercial vehicle over 10,000 pounds means that you must pass the DOT physical, which must then be retaken at least once every 2 years. The DOT physical exam is done to ensure you are fit and healthy enough to safely operate such a large vehicle. The DOT physical assesses many areas of your health, but one of the areas that has received a lot of focus in the past few years is the detection of sleep apnea. In this article, we’ll guide you through the DOT physical requirements around sleep apnea, and whether you can pass if you have it. If you are new to DOT physicals, make sure you head over to read our overview first to understand what the physical involves. What is Sleep Apnea? Sleep apnea is a disorder that causes your breathing to stop involuntarily for short periods when you are sleeping. It is a serious condition that may lead to hypertension (high blood pressure), stroke, heart problems, and diabetes, so it needs to be treated and monitored carefully. If left untreated, it may impair the ability to do your job as a CMV driver and cause motor vehicle accidents. There are three forms of sleep apnea: Obstructive sleep apnea – caused by the airway becoming narrowed, blocked, or weakened. This is the most prevalent sleep apnea. Central sleep apnea – where there is no airway problem but the brain fails to send the correct signals to the respiratory system. Mixed sleep apnea – a combination of the above. Obstructive sleep apnea (OSA) is a common health issue in the US. It affects 2 – 9% of adults, though it is believed that many more cases remain undiagnosed, and is more prevalent among men than women. Can You Pass the DOT Physical if You Have Sleep Apnea? Yes, but to pass your DOT physical, your OSA needs to be under control. Like many other “serious” health conditions, having OSA does not mean you are immediately disqualified from operating a CMV, the DOT just wants to know that the condition is under control and so you are healthy enough to operate such a large vehicle. By its nature, OSA disrupts your sleep quality and patterns, and so can negatively impact your alertness and reaction times – two things that are necessary to avoid accidents. Provided your sleep apnea is diagnosed and treated, you will pass the DOT physical. Can I Pass the DOT Physical if I Have Undiagnosed Sleep Apnea? The DOT physical has been updated in recent years to make sure drivers who are likely to suffer from sleep apnea are tested. This means that if you have a high BMI or a certain neck width, you will need to submit to a sleep study. If you have a BMI of over 40, or 33 and meet certain conditions, you will need to undergo further testing. To find out more about these requirements, read our article on BMI and the DOT physical. Being diagnosed with a condition is always stressful, especially if you feel as though it can affect your livelihood. However, as soon as you have the right treatment you can pass your DOT and carry on with your work. This could take as little as 30 days. Is a Sleep Apnea Test Required for a DOT Physical? A sleep apnea test is not required for a DOT physical unless you meet certain requirements, which includes having a BMI over 40, a neck-width of over 17 inches for males or 15.5 inches for females, or a BMI over 33 while meeting other requirements, which you can find in our article about BMI requirements for the DOT physical. How is Sleep Apnea Treated? The FMSCA states that Positive Airway Pressure (PAP) therapy is the (and their) preferred treatment for OSA. This can be provided by an AutoPAP (Automatic Positive Airway Pressure) machine or the more well-known CPAP (Continuous Positive Airway Pressure) machine. A CPAP machine provides pressurized, filtered air that keeps your airway open, allowing you to breathe easily. An AutoPAP essentially does the same thing, but changes with the sleeper’s needs. Does DOT Require a CPAP for Mild Sleep Apnea? If you have been diagnosed with sleep apnea, then this will depend on the results of your sleep study, and how recently you had that diagnosis. Largely, the DOT does require someone diagnosed with sleep apnea to have some form of PAP machine. These machines ensure you get a full and refreshing night’s sleep and are fully prepared for the next working day. It’s a win-win situation, and drivers who have PAP machines report having an incredible quality of sleep and an all-around improved quality of life! What are the CPAP Requirements for the DOT Physical in 2024? If you are diagnosed with sleep apnea and have a PAP machine, you will need to have a DOT physical once every 12 months to ensure you are still managing your condition properly. This involves documenting your PAP use for 30 consecutive days (or, ideally, more) and showing that you have used your PAP device for at least 4 hours on 70% of nights in the past 30 days, you also need to report no major sleepiness or fatigue for your first DOT physical. For your yearly DOT physical, you’ll need to show the CPAP report for the entire time period since the last medical card expired and the date of the physical. The DOT wants to monitor your condition closely to ensure you are managing it well, because more than 60-90% of people with sleep apnea have it as a symptom of obesity. Obesity can lead to many health complications that may make you a risk behind the wheel of a CMV, so frequent physicals will ensure no condition goes unnoticed. Do You Need a CPAP Report for a DOT Physical? As we covered above, if you have a CPAP (or AutoPAP) machine, you will need to bring a report to your DOT physical to demonstrate that your sleep apnea is under control and that you take it seriously. If it is your first DOT physical, this will be 30 days of records, and for your yearly physical, this will be a report that covers the time from the expiration of your last medical card until the date of your DOT examination. If you cannot meet these requirements, your medical examiner may give you a 30-day certification to allow you to continue working while collecting 30 days of continuous data. If this is done, they can extend it to 60 days, and if that requirement is also reached, they’ll extend it to 90 days, and finally, you’ll get your one-year medical certificate. In short, it’s well worth staying on top of your records! Can CDL Drivers Have Sleep Apnea? Yes – all of the above advice applies. You can have sleep apnea, but it just needs to be under control. Should you refuse treatment once OSA has been identified, you will be denied your CDL. Remember that every element of the DOT physical is geared toward ensuring that you and the public are safe. OSA treatments are easy to use and once your OSA is under control, you’ll not only feel better thanks to better sleep, but you can have a long career. What is the Maximum DOT Physical Sleep Apnea BMI? If you have a BMI of over 40, you’ll need to have a sleep study if you have not been diagnosed with sleep apnea. Finding out you have sleep apnea is never the end of your career – it simply requires treatment so you can sleep better and thrive in your daily life. Once you have a diagnosis, all you need to do is keep a record of your usage and you won’t have a problem passing the DOT physical in the future. You’ll be able to continue enjoying your life and your job as much, if not more, than you did before, knowing that you are protecting your health and that of others. What are the New DOT Physical Requirements for Sleep Apnea in 2024? The new DOT physical requirements for sleep apnea are around detecting the likelihood of you having sleep apnea. If you meet certain conditions, your medical examiner is obligated to submit you for a sleep study to find out if you suffer from sleep apnea or not. If you do not meet these requirements, you will not have to submit to a sleep study. If you have a BMI over 33 and 3 to 4 of the following conditions, your medical examiner will need to submit you for a sleep study before allowing you to pass your physical: Over 42 years old Male or post-menopausal Hypothyroidism Neck size of over 17 inches for males, or 15.5 inches for females Small airway Loud snoring Hypertension (treated or not) Type 2 diabetes (treated or not) History of stroke, coronary artery disease, heart arrhythmias Micrognathia or retrognathia Witnessed sleep apneas Schedule DOT Physicals with Ease Foley's DOT physicals program allows you to schedule and send your drivers to a medical examiner that's convenient for them. No matter where they're headed, you can find a DOT physical exam location near them. Schedule your free demo of our DOT compliance software, Dash, and see how easy it is to manage your drivers' DOT physicals! Links to Related Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Vision Requirements for the Eye Exam DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physicals: Will I Pass with Diabetes? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: What if I have a Medical Condition? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

DOT compliance is complicated, but Foley's solutions make it simple. If you've moved into a new position that handles your company's DOT compliance and you don't know where to start, you're in the right place.

A motor vehicle report, or MVR check, is an effective way to look into your employees' driving histories and gauge how safe they'll be on the roads. What is an MVR background check? An MVR background check is a report of a person's driving history. It includes information, such as license expiration, status, license class, endorsements, restrictions, traffic violations, accidents, vehicular crimes, suspensions—even unpaid parking tickets and, in some states, unpaid child support.

Running Clearinghouse queries on themselves is just one part of owner-operators complying with the FMCSA Clearinghouse. Do you drive for your own company? Whether you’re the only driver or you manage a small fleet, you must comply with the FMCSA Drug and Alcohol Clearinghouse to avoid violations and fines of up to $5,833 for each one you may commit. Owner-operators must comply with the following FMCSA Clearinghouse requirements: Run an annual Clearinghouse query on themselves at least once during a 12-month rolling period. Designate a consortium/third-party administrator (C/TPA) in the Clearinghouse. Get the details about each of these requirements (and how DOT compliance software can help) below. Running Annual FMCSA Clearinghouse Queries Every owner-operator who is enrolled in a DOT drug and alcohol testing program must be registered in the FMCSA Clearinghouse. Once that process has been completed, they are expected to log in to their Clearinghouse account and run a limited query on themselves annually. The designated C/TPA may also run these annual queries on their behalf. If you haven't run a Clearinghouse query on yourself or CDL drivers, this Foley article explains how to do it: Five Steps to Querying the FMCSA Clearinghouse Owner-operators must also keep a record of their annual Clearinghouse query in their own driver qualification file. The FMCSA allows owner-operators to self-manage their driver files, which means it is solely up to them to ensure their qualification documents, such as their employment application, CDL, and medical certificate, meet federal standards and are not expired. DOT compliance software automatically tracks these expiration dates and manages your driver files on an ongoing basis. That way, you don't need to worry about missing key documents if you're ever faced with a DOT audit. How to Find an FMCSA Clearinghouse C/TPA To ensure that owner-operators have a third party who can report drug and alcohol testing violations they or other company drivers have committed, the DOT required that all owner-drivers have a C/TPA designated in the FMCSA Clearinghouse before the January 6, 2020 implementation date. If you haven’t yet designated a C/TPA, you’ll want to do so immediately. Look for a C/TPA who is both an expert in DOT drug and alcohol testing and has kept up with the latest FMCSA Clearinghouse regulations. If you choose the right provider, they’ll be able to manage all of the Clearinghouse requirements on your behalf, which may multiply if you have numerous drivers working for you. These requirements include: Reporting drug and alcohol violations to the Clearinghouse Reporting negative return-to-duty results, as well as updates when a driver completes their follow-up testing plan Running pre-employment Clearinghouse queries on each new hire Running annual Clearinghouse queries on all current drivers Keeping thorough records of all Clearinghouse queries run on all company drivers If you don’t yet have a C/TPA, start your research now so you have plenty of time to find and designate your third-party administrator before this year's annual query deadline. How to Designate Your FMCSA Clearinghouse C/TPA As you work your way through the FMCSA Clearinghouse registration process, you’ll be prompted to designate your C/TPAs. In the search box on this page, simply begin typing in the name of the third-party administrator you’re working with and select them from the results below. If your C/TPA doesn’t show up, it means that they haven’t yet created a Clearinghouse account. If this happens, you should contact them to make sure they’ve completed their Clearinghouse registration. If they are registered, you should click the blue “Designate” button next to their name. You’ll then have an opportunity to select what tasks you’d like to authorize the C/TPA to perform on your behalf. The options include: Reporting violations Reporting return-to-duty information Conducting Clearinghouse queries You can then complete your Clearinghouse registration process. Trust Foley as Your FMCSA Clearinghouse C/TPA At Foley, we have DOT Clearinghouse packages available for owner-operators that will manage your federally mandated requirements and ensure you’re compliant with the ever-changing regulations (like the Clearinghouse-II coming this November). We're ready to take one less compliance task off your already-full plate. To get a FREE demo of our FMCSA Clearinghouse program and DOT compliance software, click here, or fill out the form below.

Fall 2024 DOT compliance and safety events are almost here. Check out what's happening across the transportation industry this month.

Onboarding automation and driver qualification file management software are just two of Foley’s many programs that can help grow your fleet quickly and compliantly. It takes about 28 days to turn an applicant into an official hire for the transportation industry, according to research by the DHI Group. If your employee onboarding process is taking this much time (or longer), you need to address what’s slowing down your process of getting new employees behind the wheel.

What DOT files do you need to keep and for how long? The Federal Motor Carrier Safety Administration (FMCSA) requires the companies they regulate to keep records to document their compliance with safety regulations. This documentation must be saved for varying lengths of time as established by the related regulations. During safety audits and DOT compliance reviews, auditors will carefully comb through your DOT records. By purging unnecessary records and properly organizing your files, you will simplify and streamline the review process — which can go a long way with a DOT officer. Below, we cover some of the most important DOT record-keeping requirements to help companies organize and maintain their files regularly. How Long to Keep DOT Records The following is a quick review of record-retention requirements in a few key DOT compliance areas. DOT Drug & Alcohol Testing Records Remember all DOT drug and alcohol test (DAT) records must be maintained in a secure location with controlled access. This means all DAT records must be kept in a separate file under lock and key; they should not be stored with personnel files. Because the rules make no exceptions for one-driver companies, we advise owner-operators to maintain their DAT files separately as well. The following records must be maintained for at least five years: Alcohol test results indicating a BAC of 0.02 or greater Verified positive controlled substances test results Refusal-to-test documentation Substance Abuse Professional (SAP) evaluation reports Copy of annual calendar year summary if required by 49 CFR 382.403 The following records must be maintained for at least two years: Random selections Reasonable-suspicion testing documentation Medical evaluations for "shy lung" and "shy bladder" situations The following records must be maintained for at least one year: Negative and canceled drug test results Alcohol test results with a BAC below 0.02 Additional record retention requirements: The employer’s policy, driver’s signed receipt, and all records related to employer and supervisor education and training must be retained while the individual performs safety-sensitive and/or supervisory functions and for two years thereafter. Driver Qualification Files Both the Driver Qualification and Safety Performance History Files must be retained for as long as the safety-sensitive individual is employed by the company, and for three years thereafter. The following documentation may be discarded from the Driver Qualification File three years from the date of execution: Annual List of Violations Annual Inquiry to State Agencies Annual Review of Driving Record Medical Examiner’s Certificate Safety Performance Evaluation Certificate (if applicable) Hours-of-Service Records The following hours-of-service records must be maintained for six months: Drivers' records of duty status (RODS) A backup copy of ELD records on a separate device from which the original is stored Supporting documents, such as: Dispatch records Receipts Statements Bills of lading Weight station tickets Phone bill statements If your drivers operate strictly on short-haul runs, you are required to document the time your drivers clock in and out, the total time worked during the current period, and the total time worked during the previous seven days. Vehicle Maintenance Records For every vehicle in their control for 30 days or more, DOT-regulated companies must retain the following records for one year at the location where the vehicle is garaged and for six months after the vehicle leaves the company’s control: Identifying information (company number, make, serial number, and tire size) Inspection schedule, including type and date Other vehicle maintenance recordkeeping requirements: Post-trip inspection reports must be retained for at least three months from the report date Periodic inspection report (or copy) must be retained for 14 months from the report date Evidence of an inspector’s qualifications for one year after the inspector ceases to perform inspections for the company Use an Organized DOT Record-Keeping System from the Start Remember, it's easier to create a clean, organized DOT record-keeping system from the very beginning. Too much time can be wasted trying to use or fix a recordkeeping system that's barely keeping up with the latest federal regulations. Setting up (or switching) your DOT recordkeeping system in a secure, 100% online platform is the best way to ensure all your DOT files are organized and kept up to date according to FMCSA requirements. Ready to make your recordkeeping easier? You don't have to go very far. Foley's DOT recordkeeping experts are here to help you transfer your files to our platform and help ensure you're audit-ready every day. Get a free demo of our DOT recordkeeping software now by clicking here. Or, fill out the form below and one of our DOT compliance specialists will reach out to you shortly.

Are you prepared to follow the 2024 DOT drug testing requirements? Foley can help ensure you know if your drivers test positive for any of the substances below. The FMCSA Drug and Alcohol Clearinghouse is here to stay, and unfortunately, so are the violations reported to it.

Brake Safety Week started Sunday, August 25th, and will continue through the 31st. Inspectors are now on the roads pulling over commercial motor vehicles (CMVs) to look at brake systems and conduct full roadside inspections throughout the US, Canada, and Mexico.

What questions do you have about the FMCSA Clearinghouse? Get the information you need from Foley, your trusted compliance partner. Are you still wondering if you’re compliant with the DOT Clearinghouse? Now is the time to make sure, especially with the new regulations coming into effect on November 18, 2024

The terms "background check" and "criminal record check" are often used interchangeably, but they are two different things. Let's clarify what they mean. What is a background check? Pre-employment background checks provide employers with critical insights into their candidates. These insights enable employers to hire with more confidence. Why is this so important? Simple. Bad hires can cost companies big bucks.

It's time to plan how you’re going to thank your fleet of hard-working truckers.

Foley fields many questions regarding instant drug tests vs. lab-based testing. Below, our drug screening experts give our readers the scoop. What is an instant drug test? What is a lab-based drug test? An instant drug test is exactly as its name implies—you get the results right away, at the point where it's collected, usually within a few minutes. It's what we call an immunoassay screening; its purpose is to detect any presence of that category of drugs in the specimen. The result is either negative (it's not present) or non-negative (it is present). An instant drug test can't officially give a "positive" result.

When done correctly, the truck driver job application completed by your commercial drivers can help kickstart the DOT driver qualification file creation process. Your CDL drivers are one of your most valuable assets. They help keep your business running, successful, and thriving. Still, it’s a common complaint that reliable and hardworking people can be hard to find. So, when you do go through the process of finding and hiring a new driver — and you find someone that you’re excited to bring on board with your company — it’s important that you get the process right. Not only will this ensure that you’re able to get the relationship started on a positive note, but also that you’re hiring compliantly. Remember, as a business operating under the Department of Transportation’s (DOT’s) Federal Motor Carrier Safety Administration (FMCSA), there are hiring processes you MUST have in place to comply with 49 CFR Part 391 – Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors. There are also best practices you SHOULD follow — including running criminal background screens — to ensure you recruit and retain the best possible drivers for your business. What is Regulation Part 391? Regulation Part 391 helps ensure that all federally-regulated motor carriers are qualified to be on our nation’s roadways — in terms of their physical health, professional experience, and motor vehicle record. These regulations apply to any carrier, no matter how many drivers they employ, that operates a vehicle involved in interstate commerce that: Weighs at least 10,001 pounds Carries more than nine or more passengers Transports materials deemed hazardous under the Hazardous Materials Transportation Act Intrastate carriers that operate in a state that adheres to the federal regulations must also comply. If you are an intrastate carrier, it’s important to understand the requirements in the state where your trucks operate. It All Starts With the Truck Driver Job Application There are specific rules for how you collect information from candidates. To comply with DOT regulations, the application must be signed and dated by the applicant and include very specific information. Upon hire, this application kicks off the required background check process and becomes part of the Driver Qualification File. But what specific candidate information do you need to get in the job application to begin the driver qualification file creation process? This Foley article explains exactly what a DOT-compliant job application asks for: 10 Steps to a DOT-Compliant Job Application. Drivers must also get a Summary of Rights because the information in this application will be used for background screening. This summary informs drivers that they have the right to review the information provided by previous employers and dispute any findings. This could require a previous employer to resend the correct information, or, if an agreement can’t be made, allow the driver to include a rebuttal statement with the information. Drivers can submit a written request immediately upon applying or up to 30 days after being employed or denied employment. Prospective employers must provide information within five business days of the request. Make the switch to digital driver files now! How to Get Commercial Drivers on the Road Faster The DOT driver job application is a critical part of the driver file process, as it contains all of the information needed to compile the files from the start of their employment. To streamline the hiring process and get drivers on the road more quickly, you should have all prospective drivers fill out a full DOT-compliant application if they’re interested in a position with your company. This will ensure you have all the information required to both complete the required background checks and create the driver qualification file once you’ve made a hiring decision. To further streamline the process, consider working with a DOT compliance partner who can set you up with a mobile-friendly, digital application. Not only are these applications easy for drivers to fill out and submit while they’re on the road, but all of the information collected in the application will be uploaded to a secure digital file where you can review their qualifications. Foley's Apply By License feature in our Dash Platform allows candidates to take a picture of their driver's license to start the job application process and quickly provide basic information regarding their qualifications. The Right Platform for Quick Hiring & Easy DOT Driver File Creation If you’re working with a partner like Foley, your driver's application information can be used to automatically begin the process of completing the driver’s required DOT background checks and compiling their driver qualification file with our exclusive Dash Platform. For Foley customers, this file is saved securely in their Dash Platform account where it can be easily downloaded for an offsite audit. We’ll also send alerts and notifications during the entirety of the driver’s employment to help you stay on top of upcoming due dates (for CDL and medical card renewals, for example). To learn more about our DOT driver qualification file creation and management program, or get a free demo of the Dash Platform, click here!

Your CSA score can be the difference between operating a safe fleet and paying top dollar for insurance premiums. We've discussed Compliance, Safety, and Accountability (CSA) scores on the Foley blog before, but there are still too many transportation companies that fail to regularly monitor their scores. As a DOT-regulated company, you have to remain compliant. Following federal safety regulations not only helps keep you in business from a legal standpoint, but it also helps your business succeed. You can remain fine- and-violation-free while building up a strong, steady, reliable company with trusted, satisfied partners. A crucial element of this is maintaining a low profile and avoiding extra scrutiny from the Federal Motor Carrier Safety Administration (FMCSA). Specifically, one of your top goals should be to stay off FMCSA risk-based priority lists. Where companies land on these lists is based on their safety data, but no matter where they rank, they're flagged to be selected first for DOT safety audits. What's Your Priority? Don't Be a Priority on FMCSA Safety Audit Lists. Much as the name suggests, FMCSA priority lists identify companies that pose varying levels of safety risk based on past audit results, overall performance, and safety ratings calculated by the agency’s Compliance, Safety, Accountability (CSA) scoring program. Although the CSA program may be subject to change, it remains an important source for the FMCSA in determining safety and compliance. To calculate their unique CSA scores, companies are ranked in seven Behavior Analysis and Safety Improvement Categories (BASICs) based on roadside and crash inspection data, intervention history, and violation status. As a refresher, the BASICs include: Unsafe Driving Crash Indicator Hours of Service (HOS) Compliance Vehicle Maintenance Controlled Substances/Alcohol Hazardous Materials Compliance Driver Fitness Companies are grouped by BASIC with others with a similar number of safety events, then assigned a percentile from 0 to 100, prioritizing them for interventions. The higher the percentile, the worse the performance. Companies can be assigned “High Risk,” “Moderate Risk,” Risk,” “Monitor,” or “Warning Level” based on their failure to meet acceptable BASIC thresholds. The most serious is “High Risk,” resulting from two or more consecutive months at or above the 90th percentile for several BASICs. These companies are subject to immediate action and will be investigated by the FMCSA within 90 days of their assignment to the prioritization list. High CSA scores are red flags for the FMCSA — and the more your business is audited, the more you are likely to continue to be audited until you correct issues found by the FMCSA. Top 2024 FMCSA Violations that Impact CSA Scores Here are the top FMCSA violations of 2024 so far that negatively impact performance in the BASIC categories. DOT Driver Qualification Violations Inquiries into driving records not kept in driver qualification file - 849 violations Incomplete or no employment application - 656 violations Failing to maintain a driver qualification file on each driver - 630 violations Drug & Alcohol Testing Violations Using a driver before receiving a pre-employment result - 991 violations Using an unqualified driver (positive or refused drug test) - 628 violations Failing to get "reasonable suspicion" designee 60 min training - 595 violations Hours of Service Violations False reports of records of duty status - 2,247 violations Not using the appropriate method to record hours of service - 1,075 violations Requiring or permitting a driver to drive after 15 hours on duty - 899 violations Vehicle Maintenance Violations Failing to have a means of indicating maintenance due dates - 1,110 violations Failing to keep a maintenance record identifying the vehicle - 1,001 violations Using a CMV that is not periodically inspected - 838 violations The main takeaway? Be diligent with your CSA safety and violation data. Get more information about CSA scores in our new webinar, CSA Scores: The Secrets to Risk Prevention for 2024 Track Your Safety & Compliance Data with Foley's CSA Monitor Knowing where you stand with the FMCSA isn't easy, and finding time to manually check your CSA score is nearly impossible when you have a growing fleet of drivers and trucks to manage. With Foley’s CSA Monitor, you get a 360-degree view of your fleet with daily insights you can access right from your email inbox. You can easily view critical data that includes all updated CSA violations, compliance scores, crash reports, violation reports, and more. You can then use this data to monitor fleet performance, understand your drivers, and manage risk — all of which can turn into fewer accidents, lower insurance premiums, and reduced chances of FMCSA safety audits. Get the safety and compliance data your business needs, right at your fingertips. Request a FREE demo of Foley's CSA Monitor now, or fill out the form below to get started.

Owner-operator insurance costs, semi-truck expenses, and annual registrations can add up and be the demise of any business — unless you have a careful financial plan in place.

The DOT physical eye test must be passed to ensure the safe operation of your company's vehicles and maintain your DOT compliance. Over 12 million people over 40 in the US have vision impairment, so it’s certainly not an uncommon issue to come up in a DOT physical. The DOT (Department of Transportation) physical is designed to ensure any driver of a large commercial vehicle (CMV) weighing over 10,000 lbs is healthy enough to safely operate the vehicle. If you’ve recently found out that your vision has deteriorated, or if you are preparing for your first DOT physical, it’s a good idea to familiarize yourself with the DOT vision requirements so you can walk into your physical feeling confident about your ability to pass and get your medical card. If you’re not sure what to expect from your DOT physical exam, make sure you read our overview here, but to find out about what the eye exam entails, read on. What Eye Chart is Used for the DOT Physical? The DOT physical eye chart is the Snellen eye chart, which can be found in any doctor’s office or optician’s office. You stand or sit 10 feet away from the chart and are asked to read the lines. Alternatively, the Titmus Vision Tester, which is a small device that measures vision, may be used, though this is rare. What are the Vision Requirements for a DOT Physical? To pass the DOT physical, you need to have 20/40 vision in each eye with or without glasses, and a field of vision of at least 70 degrees in each eye. You also need to have the ability to recognize different colors of traffic lights and signals that show red, green, and amber. If you require glasses to correct your vision to this level, you must wear them at all times while driving, and this will be noted on your certificate saying “Qualified only if wearing corrective lenses.” If you choose to use contact lenses, this is also permissible, provided you are used to wearing and using them. The use of telescopic lenses is not acceptable for driving CMVs. You can apply for the Federal vision exemption if you do not meet the Federal vision standard, provided you meet all other physical standards. Click here to find out more. What is the DOT Eye Test for? The DOT eye test is designed to ensure you have sufficient natural vision or sufficient corrected vision to allow you to safely operate a CMV. It tests for your distance vision, peripheral vision, and color blindness. Should I Wear My Glasses or Contact Lenses for the DOT Vision Test? If you normally wear your glasses or contact lenses for most of the day, then it’s a good idea to go to your physical wearing them as normal. You can then tell the Medical Examiner that you wear them all the time, and you can tell them about your quality of vision. They will likely allow you to complete the vision test wearing your glasses or contact lenses. What Does Your Eyesight Have to Be to Pass a DOT Physical? To pass the DOT physical eye test, your eyesight needs to be at least 20/40 on the Snellen eye chart, with or without corrective eyewear in each eye, and both eyes. Your peripheral vision needs to be 70 degrees or better in both eyes. Can I Pass the DOT Physical Eye Exam with Monocular Vision? You cannot pass the DOT physical eye exam with monocular vision, but if you pass the physical in all other aspects, then you can apply for a Federal Vision Exemption. To be applicable for the Federal Vision Exemption, you need to have at least 20/40 vision in your good eye, and 70 degrees peripheral vision in that eye too. New Webinar Series: Clearinghouse Recordkeeping & Data Management Can I Pass the DOT Physical if I’ve Had Laser Eye Surgery? If you’ve had laser eye surgery, then you should have an extremely good quality of vision and won’t have any problems passing the eye test. What Happens if You Fail the DOT Eye Exam? If you fail the DOT physical eye exam but pass all other aspects of the exam, you can apply for Federal Vision Exemption. Your Medical Examiner may refer you to have your vision tested by a specialist to determine if you are safe to operate CMVs or they may recommend you apply for the Federal Vision Exemption. Make sure your Medical Examiner continues to complete your physical so you can apply for the exemption. What Does the DOT Physical Eye Exam Involve? Your Medical Examiner will ask you about any changes to your vision, ability to see in the dark, and other changes to your eye health. If you have experienced any changes, they may inquire about how those issues are being treated or kept under control. They will then examine your eyes to look for abnormalities and any other issues that may disrupt your vision or cause problems in the future if it goes unchecked. Once the physical examination is over, your Medical Examiner will test your distant visual acuity in each eye, and your distant binocular vision acuity. You must score 20/40 for all 3. This is usually done with a Snellen eye chart but is sometimes used with a Titmus screening instrument. Next, they will test your peripheral vision. Your peripheral vision needs to be at least 70 degrees in the horizontal meridian in each eye. This is usually tested using the confrontational method, which is simply where you look at the Medical Examiner’s nose and are asked to tell them how many fingers they’re holding up in your peripheral. Alternatively, the Titmus device will be used. Finally, they’ll check your ability to identify different colors to ensure you can distinguish between red, amber, and green. Should I Get an Eye Test Before My DOT Physical? Passing your DOT physical eye test isn’t something you need to worry about, provided you are looking after your eye health and vision. If you are worried that your vision has deteriorated or may not be good enough to pass the DOT physical eye test, it may be a good idea to get an eye test before your DOT physical so you can have the correct glasses or contact lenses that will allow you to pass the physical. The DOT physical eye exam does not need to be stressful, and if you look after your eye health and wear corrective eyewear, you shouldn’t have a problem passing the eye test. If you are concerned, consider getting an eye test before your DOT physical so you know where you stand, and won’t have any avoidable surprises. The last thing you want is to go to the physical, find out you need corrective eyewear, and have to retake the physical to pass. If you have any other concerns about what you need to pass, you can find all of our DOT physical articles here. Schedule Your Drivers' DOT Physical Exams with Foley Worrying about whether your CDL drivers will pass their DOT physicals is stressful enough; you don't have to add scheduling these physicals before your drivers' medical certificates expire to the list. Dash, Foley's DOT compliance platform, takes the stress out of managing DOT physicals for fleets of all sizes. Plus, with its intuitive, immediate notifications, you get plenty of a heads-up to ensure your drivers' physical exams are scheduled ahead of their med card expirations. Click here to schedule a free demo of Dash and see how easy DOT physical management can be for you and your team. Links to Related Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physicals: Will I Pass with Diabetes? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: What if I have a Medical Condition? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

Wondering how to run a Clearinghouse query? The process may be much easier than you think.

Safety enforcement events and roadside inspections are always at their height during the summer season. As we continue to enjoy summer vacations and the warmer weather, it's important to remember safety and DOT compliance never stop. This month, we're reminding you of IFTA filings, driving sober campaigns, and Brake Safety Week. 2nd Quarter IFTA Filings Due on July 31, 2024 This is an important reminder that second-quarter IFTA filings were due July 31, 2024. Remember, the International Fuel Tax Agreement (IFTA) is a tax collection agreement in the US and Canada. It aims to make it easier for truckers and trucking companies to pay taxes on fuel. Are you struggling with keeping track of your fuel purchases? Foley knows IFTA inside out! Let us help you navigate it. The next IFTA filing deadline is October 31, 2024, which will be here before we know it. Drive Sober or Get Pulled Over: August 16 – September 2, 2024 “Drive Sober or Get Pulled Over” is an annual enforcement event aimed at preventing impaired driving among motorists and truck drivers. This year, it goes into effect across the country from August 16 to September 2, 2024. During this time, law enforcement steps up their efforts in searching for drunk drivers — all in the hopes that these increased efforts will serve as a deterrent as well. According to the NHTSA, one person is killed about every 39 minutes in a drunk-driving crash. That amounts to more than 13,000 people each year. The timing of this annual event is no coincidence, either. Sadly, drunk-driving deaths tend to increase over Labor Day weekend. Now is an excellent time to make sure you’re up to date with the latest DOT drug and alcohol testing regulations. This Foley article is a great place to start. Brake Safety Week: August 25 – August 31, 2024 This week-long enforcement initiative kicks off on August 25 this year. The sponsor of the event — the Commercial Vehicle Safety Alliance (CVSA)—notes that during this week “commercial motor vehicle inspectors conduct brake system inspections (primarily Level IV Inspections) on large trucks and buses throughout North America to identify brake-system violations.” Don’t let the name “Brake Safety Week” fool you, however. While the emphasis is on brake systems, inspectors will be conducting full roadside inspections during the event. Here’s what you can expect. Start Preparing for Annual DOT Compliance Requirements Now Once Labor Day passes, it’s a hop, skip, and jump to Q4 and all those end-of-year DOT requirements. Don't wait until the last minute to finish your yearly tasks, like Clearinghouse driver queries and UCR filings! Or better yet — get on an automated system like Dash, the Foley Platform, so you don’t have to think about them every year. Get a free DOT compliance software demo today or fill out the form for more information on our solution.

On Tuesday, the Federal Motor Carrier Safety Administration announced that four electronic logging devices — CTE-LOG ELD, ELD VOLT, PowerTrucks ELD, and TFM ELD — have been removed from its Registered Devices list.

What is MVR monitoring? Motor vehicle record monitoring, or MVR monitoring, is a digital solution that continuously keeps track of each of your drivers’ motor vehicle reports. If any changes – or “hits” as they’re often called – happen at any time, a new report is uploaded, then scanned for accuracy, and you are notified immediately. These “hits” can be good or bad, depending on the situation. Some of the negative “hits” can be any of the following: Accidents DUIs Speeding tickets or other motor vehicle violations or convictions CDL suspensions or revocations Safety violations Medical certificate downgrades On the other hand, continuous MVR monitoring can also let you know when any driver renews or updates their DOT medical card or CDL. Benefits of Continuous MVR Monitoring There are specific benefits to utilizing an MVR check for employers, including identifying high-risk drivers, improving driver behavior, and avoiding driver violations and legal penalties. We'll dive into each of these advantages below. Easily Identify High-Risk Drivers Just as you know pre-employment and annual MVR checks are required, you also know that unsafe drivers are a huge liability. A single unsafe driver can commit numerous driving violations. These are the top violations for commercial motor vehicles (CMVs) from the DOT: Moving violations: Speeding; following too closely; improper lane changing; reckless driving; improper turning; failure to yield to right of way; railroad grade crossing violations; and failure to obey traffic control devices. Driving with a suspended or revoked license Expired medical certificate Driving under the influence of drugs or while in possession of an intoxicating substance Not wearing a seat belt Using a hand-held device Having an unauthorized passenger on board Failing to conduct pre-trip inspections Failing to use/improper placement of warning devices If all these violations have you seeing dollar signs, you’re in the right mindset. Each infraction can cost you thousands of dollars. You’ll also lose money and precious time if a driver is placed out of service, and you need to find someone to take their place behind the wheel until they are once again fit for duty. Protect Your CSA Score & FMCSA Safety Rating Driver violations can cause your Compliance, Safety, Accountability (CSA) score and safety rating to suffer as well. Depending on the severity (and number) of the offense(s), you could even be downgraded to a Conditional or Unsatisfactory rating – both of which can be incredibly costly and involve a long road to recovery – think a lot of paperwork and proving to the Federal Motor Carrier Safety Association (FMCSA) that your company really does prioritize safety. Save on Insurance Premiums Your insurance premiums can be majorly impacted by driver violations – or your provider may even decide to drop your coverage altogether. Your valued partners and customers may be hesitant to work with you after the fact, and they may decide to take their business elsewhere. No matter what happens, you’ll lose the precious resources you need to run a safe, successful business. Quickly Improve Driver Behavior Before it gets to the point of no return – or, in other terms, losing those invaluable resources we mentioned above – you have an opportunity to correct any questionable, risky, or unsafe driving habits you're seeing across your fleet once you have an MVR report for employers on your side. If one of your drivers gets a DUI or commits a serious traffic or safety violation a day, week, or month after you pull their annual report, or if their license is suspended for another significant offense, you could be in the dark until you run their next annual MVR report or an auditor finds the offenses for you. It can be difficult to always keep track of all your drivers, especially if your fleet is not-so-small. MVR monitoring consistently checks your employees' driving records so you can pinpoint who is driving erratically and needs corrective action put in place. Avoid Penalties, Fines & Legal Fees Before you order an MVR for a driver applicant or current employee, you should familiarize yourself with the federal regulations surrounding them. From how to notify individuals about an MVR compliance check, to disposing of sensitive information, the Fair Credit Reporting Act (FCRA) has steps you must take to stay compliant. Please note, the steps below deal only with the FCRA and do not address applicable state laws. Employers should familiarize themselves with the laws in their governing state, as well as other applicable laws. For your MVR check to be completely FCRA compliant, the driver will need to be supplied with three documents: Disclosure: This notice must be given to the applicant or employee independently of other paperwork. For applicants, for example, you cannot include the disclosure statement on the application. The disclosure must be clear and conspicuous, in writing, and consist solely of the disclosure. If you intend to run periodic MVRs on a driver after they’re hired (as part of an MVR Monitoring program, for example), that information must be very clearly stated within the disclosure. Authorization: You must receive authorization from the driver that acknowledges they received the disclosure. The driver must also give their consent before you can obtain their motor vehicle report. Summary of Rights: The driver must be provided with a copy of the “Summary of Your Rights Under the Fair Credit Reporting Act.” In addition to providing your driver with the above, you must certify that you’re running compliant MVR checks with the company that is conducting them for you. Through this process, you must verify you’ve provided the driver with the disclosure, received authorization, and will not misuse the information or discriminate based on the results. When you order your MVR check for employers through a DOT background check company that understands the federal regulatory requirements you need to meet, you don’t have to worry about missing any steps in the MVR check process or putting your company at risk for hefty fines. You’ll also have a dedicated account manager to walk you through the process the first time around, and from there, they’ll run each MVR check you need for every new or existing employee you have on your roster. This is then added to your driver qualification files to meet DOT recordkeeping requirements. How does continuous MVR monitoring prevent accidents? Although employers are only required to do an MVR check annually, it has become standard practice to monitor drivers’ MVRs throughout the year. Unless drivers come clean and voluntarily tell you about their run-ins with the law, you won't be aware of them. MVR monitoring solves this problem by providing you with valuable insights into your drivers' habits so you can address any red flags as soon as possible, and hopefully prevent accidents through corrective action plans. Can MVR monitoring help me avoid DOT audits? As we've explained above, drivers may be cited for moving violations or accidents may occur between their annual MVR checks, and drivers may not take it upon themselves to report them to you. They may withhold the information for fear of losing their jobs, simply forget about the violations, or may not realize they are required to notify you about them. The last thing you want (or need) to come up during an audit is a serious infraction that you had no idea about – especially if many months have passed since it happened! Regular MVR monitoring can save you from this potential nightmare. Plus, it shows auditors you've taken additional proactive steps to prioritize driver safety and ensure you're operating a compliant fleet. How does continuous MVR monitoring help with DOT recordkeeping? MVR checks must be run on new job applicants for the previous three years in all states where the applicant held a license. It is the employer’s responsibility to ensure MVR checks are run no less than once every 12 months once the applicant is employed. Along with the annual MVR checks, employers must require drivers to submit a list of any moving violations they received over the previous 12 months. If no violations occurred, documentation must be maintained that the employee has indicated such. After you've run the initial MVR check on new employees, enrolling them in a continuous MVR monitoring program means you'll automatically meet the annual check requirement. With Foley's exclusive DOT compliance software, the results of that MVR check are also added to their driver file for seamless recordkeeping compliance. Enroll in Foley's MVR Monitor Program Not all MVR monitoring programs are created equal. At Foley, we help protect you and your fleet from hefty fines and legal ramifications by providing you with ongoing MVR checks. Whenever new information is detected, their updated MVR report is immediately uploaded to your secure online platform, and you receive real-time e-notifications. Purchasing a continuous MVR Monitor program is inexpensive when you compare it to the costs your company could incur for an infraction or violation. Plus, it can also help lower insurance premiums. Get a free demo of Foley's MVR check program today and see how easy it can be to track your employees' driving habits, pinpoint problem areas, and correct them before they risk the safety of our roadways and the success of your business. Fill out the form now to get started.

The blood pressure requirements for DOT physicals can seem daunting. Here's what you need to know if you have high blood pressure. High blood pressure, also known as hypertension, is an extremely common health problem in the US. Almost 50% of adults, that’s over 100 million people, have blood pressure exceeding 130 mm Hg for their systolic blood pressure or 80 mm Hg for their diastolic blood pressure, or are on medication for their hypertension. Even more surprising is that 76% of this group are not aware or in control of their condition. Besides the need to get high blood pressure under control to maintain good health well into your twilight years, as a commercial truck driver, you need to keep your blood pressure under control to pass the DOT physical every 1–2 years. To help you understand what is required of you in terms of blood pressure to pass the DOT physical, we’ve answered all the most common questions below and outlined some tips that can help you lower your blood pressure quickly before your upcoming exam. If you’re looking for an overview of DOT Physicals, you’ll find that here. Can You Pass the DOT Physical with High Blood Pressure? Blood pressure is measured with two figures. The systolic blood pressure (higher figure) is the force at which your heart pumps blood around the body while the diastolic pressure (lower figure) is the pressure in your blood vessels between heartbeats. Both are measured in millimeters of mercury – mm Hg. You can pass your physical with above-normal blood pressure, but if your blood pressure is too high, you will not pass. If your blood pressure is normal, you will pass with no conditions. If your blood pressure is high, between 140-159 systolic and/or 90-99 mm Hg diastolic, it is described as “Stage 1” high blood pressure. If your blood pressure is in this range, you will pass but you will be required to take the DOT physical annually. If your blood pressure is between 160-179 systolic and/or 100-109 diastolic it is considered “Stage 2” high blood pressure, and you will only be granted a 3-month certificate in which you will be asked to take action to reduce your blood pressure down to 140/90 or better. If your blood pressure is higher than 180 systolic and 110 diastolic, you are considered “Stage 3” high blood pressure, are high risk, and you will not pass the DOT physical. At Stage 3, no certification will be granted. To continue driving a commercial motor vehicle, you must reduce your blood pressure to or below 140/90. Should they do so they will be approved to drive for six months before they have to get another physical. The biannual checks will continue provided the figures are maintained. What is Considered Normal Blood Pressure for the DOT Physical? Normal blood pressure is defined as anything below 120/80 mm Hg – you’ll often hear this as 120-over-80. Elevated blood pressure for the DOT physical is defined as 120-139 systolic and/or 80-89 diastolic, and blood pressure within this range will also not flag any problems during your exam. What is Considered High Blood Pressure for the DOT Physical? The blood pressure limits set anything above 140 systolic and/or 90 diastolic as high blood pressure. If you are below these numbers no action is taken. Anything above and some form of restriction will be imposed. At Stage 1, you will be required to take the DOT physical annually rather than the normal biannual. At Stage 2 you will be allowed to drive but have to reduce your blood pressure to Stage 1 levels within three months. At Stage 3, you will have to stop driving a truck until your blood pressure is under control. What is the Highest Blood Pressure for the DOT Physical? The highest blood pressure you can have as a commercial truck driver and still pass, though not without restriction, is 179/109, though it’s likely your Medical Examiner will have some concerns. If your blood pressure is over 140/90, it’s a good idea to start tackling your high blood pressure, both for your well-being and so you do not encounter future problems passing the DOT physical. Treatment usually includes both medication and lifestyle changes but results are often swift. What is the Blood Pressure Range for the DOT Physical? The blood pressure requirements are simple – anything below 140/90 and you pass. Anything above, and some action is necessary. Blood pressure regulations for the DOT physical help to make sure that truck drivers remain safe. Hypertension is an overlooked risk factor for everyone and catching it early and controlling it is key for a healthy life. The blood pressure guidelines from the American Heart Association, along with other health authorities, lowered the Stage 1 figures to 130/80 showing how seriously high blood pressure should be taken. Can you Pass the DOT Physical on Blood Pressure Medication? There is no problem if you routinely take prescribed medication for high blood pressure. Taking such medication is common and allows blood pressure to return to safe levels offering an improved long-term outlook. What are the New 2023 DOT Physical Requirements for Blood Pressure? The figures listed above are the current 2023 DOT physical requirements for blood pressure, though they may change to reflect the medical profession’s raised awareness of the problems hypertension can cause. Can You Fail a DOT Physical for High Blood Pressure? Once your blood pressure rises to more than 140/90 you will have to take action to continue to get certification on a long-term basis. Once it rises above 180/110 you will fail the physical examination, but if you can go away and reduce your blood pressure levels below 140/90 you can reapply. How to Lower Your Blood Pressure to Pass the DOT Physical If your blood pressure is high, the best thing to do is start taking action to lower your blood pressure for your well-being so you can continue doing your job as a commercial truck driver. There are several ways to lower your blood pressure to allow you to pass the DOT physical, though many are not quick fixes. Lose unnecessary pounds. Being overweight can cause all sorts of health issues and nearly always leads to increased blood pressure – even losing a little will help reduce your blood pressure as your heart won’t have to work so hard to pump blood around your body. Exercise regularly. Even as little as 20 minutes of purposeful walking every day can make a real difference, lowering your blood pressure by up to 8 mm Hg. Commercial drivers often don’t get time to get to the gym so walking can be important. Try parking at the back of the lot so you naturally walk a little further when stopping to eat or shop. Reduce sodium. Too much sodium will push up your blood pressure. Cut down on salt and where possible use low sodium salt. Eat healthily. That doesn’t mean just vegetables, lean protein is great too. It is so easy to get fast food but they tend to be loaded with sugar and salt. And cut out sugary drinks and go to the low-cal alternatives. Limit your alcohol. A little can be good for lowering your blood pressure but too much will raise it. By a little we are talking a small glass of beer or wine, so stay aware. Stop smoking. Apart from other health problems it can cause, smoking does increase your blood pressure for a period after you smoke. At the very least, don’t smoke before you take the DOT physical. Reduce stress. Learn to relax. Practice breathing exercises and avoid stress triggers. Buy a blood pressure monitor. They only cost a few dollars and allow you to monitor regularly what your blood pressure is and if it changes. Talk to your doctor about medication. This is a good idea even if you plan to make lifestyle changes, especially if your blood pressure is dangerously high. Your heart health is not a matter to be taken lightly, so take care of yourself! Hypertension is a potential killer. We should all be more aware of high blood pressure and the DOT physical is a good place to start. If the examination shows inflated figures, use it as an opportunity to start making positive changes for a better, healthier future. Quicker & Easier DOT Physical Exam Scheduling Now that you know the DOT physical blood pressure requirements for 2023, it's time to schedule your DOT physical. Scheduling DOT physicals for drivers is easier than ever for owner-operators and fleet managers. Foley's automated DOT physicals software automatically sends reminders whenever drivers need an exam and auto-orders them for you. Plus, the drivers' new medical certificates are uploaded to their digital files once they pass their DOT physical exams. Get a FREE demo of the Foley DOT physical software today. Links to Related Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Vision Requirements for the Eye Exam DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physicals: Will I Pass with Diabetes? DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: What if I have a Medical Condition? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

Time is running out to prepare your commercial vehicles for Brake Safety Week. Yes, you read that right: Brake Safety Week is once again nearly upon us. The annual Commercial Vehicle Safety Alliance (CVSA)-sponsored event is scheduled for August 25–31, 2024. Still, don't let the name fool you — this year's focus is on brake line/pad violations, but inspectors will be checking commercial motor vehicles on the road during the event (like the CVSA Roadcheck 2024 in May). Some inspectors may use performance-based brake testers (PBBT) to assess the braking performance of a vehicle. Just making sure your fleet's brake systems are safe isn't enough. You also need to teach your drivers about the importance of brake system safety. You must make sure that you are compliant in all areas, or you could put yourself and your drivers at risk of fines or out-of-service orders. Now that Brake Safety Week 2024 is exactly one month away, it's time to educate and protect your fleet. What to Expect During Brake Safety Week During Brake Safety Week, inspectors pull over commercial motor vehicles to conduct North American Standard Inspections. They hone in on brake systems and components, including the following: Mechanical components of air brakes and steering axle air brakes Brake adjustments Antilock braking systems Air loss rate Low air pressure warning devices Tractor protection systems Leaks or cracks in any system components But more broadly, inspectors will also examine: Drivers’ licenses and medical examiner’s certificates Hours of service and record of duty status Evidence of drug or alcohol use or possession Seat belt use Vehicle inspection reports (if applicable) Cargo securement Other critical components, such as coupling devices; driveline/driveshaft; exhaust and fuel systems; frames; lighting devices; steering mechanisms; suspensions; tires, wheels, rims, and hubs. Commercial vehicles found to have brake-related out-of-service violations — or other driver or vehicle violations — will be immediately pulled from the roadways and prohibited from operating until issues are corrected. Vehicles that don’t have any critical violations, however, will receive a CVSA decal indicating that they passed the inspection. The Importance of Brake Safety Week Having reliable brakes not only keeps your fleet and drivers compliant and safe, but it also protects others on the road. According to 2023 vehicle violation data from the Federal Motor Carrier Safety Administration, six out of the top 20 vehicle violations were brake-related. Results of the CVSA Roadcheck 2023 showed that brake-system violations were the top vehicle violation, making up 25.2% of all vehicle out-of-service violations during the roadside inspection event. Furthermore, according to the FMCSA: “Brake systems” were the third most cited vehicle-related factor in fatal commercial vehicle and passenger vehicle crashes. View other critical details on large truck and bus crash facts here. Brake-related violations accounted for five out of the top 20 vehicle violations in 2021. How to Prepare for Brake Safety Week 2024 You don’t want to take any chances with your fleet’s brakes — the whole point of Brake Safety Week is to ensure that commercial motor vehicles are safe and in good working condition. August has also been designated Brake Safety Awareness Month, meaning that law enforcement agencies will actively perform outreach, education, and awareness campaigns to educate drivers, carriers, mechanics, and others on the importance of proper brake maintenance, operation, and performance. Now is the time to be proactive and protect your business. To avoid having any of your trucks pulled from the road, perform full inspections of your fleet. While this may seem like a significant, time-consuming task, it will pay off in the long run by keeping you in compliance and violation-free. Remember: You are ultimately responsible for any vehicle operating under your authority. Just as importantly, you must ensure you are compliant in all other required areas to avoid fines and out-of-service orders. This includes everything from keeping your fleet's driver qualification files, CDLs, and medical certificates up to date, to performing and documenting required drug and alcohol tests and FMCSA Clearinghouse checks. Foley's DOT compliance software, Dash, can help you out in all these areas. Schedule a free demo today to make your company's safety and compliance easier to manage!

Are you prepared for the new 2024 Drug and Alcohol Clearinghouse regulations? The FMCSA Drug and Alcohol Clearinghouse has felt like a burden for many companies since it was established in January 2020, but its advantages have become clear over the past year.

A DOT driver application must contain specific candidate information to comply with federal regulations.

What FMCSA regulations do school bus companies need to follow?

The FMCSA hours of service (HOS) regulations are a complex set of rules to ensure drivers of large vehicles aren't too tired or overworked to drive safely.

Small trucking companies need to do their homework to boost their chances of passing DOT roadside inspections and compliance audits. If you've completed the process of obtaining a DOT number, you've already had some experience with the Federal Motor Carrier Safety Administration (FMCSA). Many small trucking business owners assume their time with the FMCSA ends when that process is complete. After all, we tend to think of them as the agency whose primary responsibility is to monitor long-haul trucking fleets with numerous drivers. Interestingly enough, many large trucking fleets remain in fairly good standing with the FMCSA while the “little guys” tend to find themselves in hot water. Why is that? You may think that larger trucking companies would encounter more problems with the DOT, but as any small business owner who has undergone a DOT inspection or DOT audit can confirm, that's not always the case. How does the FMCSA differentiate between small trucking companies and large motor carriers? In a nutshell, it doesn’t. The FMCSA holds any company that is required to have a DOT number (and, depending on where they operate, motor carrier number) to the same standards regardless of their type of business or the size of their company. If your business owns or leases at least one Commercial Motor Vehicle (CMV) with a Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) of 10,001 pounds or more, or if you are a hazmat carrier and require placarding, you are subject to an FMCSA audit and must be in compliance with federal regulations. Many small trucking company owners don’t believe that maintaining compliance with federal regulations is a component of their business that deserves time and effort. The thinking is, after all, I am just a small business… Why does the FMCSA care about me? This exact mindset can get you in trouble. Just as filing your taxes with the IRS is a necessary component of your business, so is maintaining compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). How can I make sure I comply with the FMCSRs? There are several steps you can take to assess your compliance. #1: Learn the Federal Regulations that Apply to You Pick up an FMCSRs book or log on to the FMCSA website to familiarize yourself with the regulations. Foley's compliance experts can also walk you through your company's specific requirements, based on the vehicles you drive, where you travel, and the freight you haul. #2: Get Organized with DOT Compliance Software Organization is crucial to meeting the FMCSRs. You should create a digital filing system specifically designed for keeping the following records, at a minimum: Driver Qualification Files Driver Logs/Time Records Vehicle Maintenance Records Drug & Alcohol Testing Documents Roadside Inspection Reports Accident Reports Do you struggle to keep up with paperwork or manage your digital files? Consider outsourcing the work to a company that specializes in DOT record-keeping requirements. Using DOT compliance software that tracks your regulatory documents for you will cost a lot less money, time, and stress than trying to iron out a problematic audit with the FMCSA. #3: Explore DOT Compliance Training Resources Complying with the FMCSRs doesn't come naturally or happen overnight. You need to be well-educated in your federal requirements in order to succeed as a small trucking company and continue to grow. Foley's resource library contains an extensive amount of free educational content to help you get started, including: On-Demand Webinars Downloadable Guides Interactive Quizzes How do I know if I'm at risk of being audited by the FMCSA? Although an FMCSA audit is always a possibility, certain factors can increase your risk of being selected. #1: Accidents Even one accident can put you on the FMCSA’s radar. If an accident does occur, it's crucial to set up a file specifically containing documents related to the accident and maintain any and all documentation for at least 3 years after the crash. #2: Roadside DOT Inspections There tends to be some confusion around whether a roadside inspection can negatively affect your safety rating, but it's very straightforward. If you or another company driver is pulled into a DOT inspection, the goal is to avoid being cited for any violations — including both driver and vehicle violations. If an officer logs a violation of an FMCSA regulation, even if it's not an out-of-service violation, it can be used against your company, and possibly alert the FMCSA to pay more attention to you in the form of additional roadside inspections or DOT audits. #3: Failure of a New Entrant Safety Audit It is never a good thing to start on the wrong foot. The FMCSA tends to monitor companies that did not pass their New Entrant Safety Audit. Can I track my FMCSA audit risk? With Foley, the answer is yes. You don't need to be in the dark about where your company stands with the FMCSA. Foley's Audit Risk Monitor (ARM) program tracks your audit risk and updates you on a monthly basis, that way you can pinpoint any problem areas with your safety or compliance and fix them before an auditor contacts you. Our compliance experts at Foley understand that federal regulations are vast, complex, and daunting. It's easy to feel as if the FMCSA is “out to get the little guy,” but safety is the primary objective of the agency's many requirements. Having an adequate understanding of the regulations and implementing effective DOT compliance software can go a long way in avoiding FMCSA interventions and reducing your risk of a DOT audit. Schedule a free demo of our all-in-one DOT compliance software, Dash, today and get the peace of mind you need to operate your small trucking business safely and compliantly.

Foley’s DOT drug and alcohol testing program can help you during this confusing time.

The annual safety event kicked off July 7 and will last through July 13. The 2024 Commercial Vehicle Safety Alliance (CVSA) Operation Safe Driver Week has officially started. Throughout the week, law enforcement officials will be on the lookout for unsafe driving behaviors such as speeding, texting, operating a motor vehicle without wearing a seatbelt, improper lane change, and aggressive driving. Bringing awareness to and preventing these risky driving habits to encourage safer roadways is the goal. What We Learned from Operation Safe Driver Week 2023 Speeding was the top unsafe driving behavior drivers received warnings or citations for during Operation Safe Driver Week 2023. Between the US and Canada, 4,592 warnings and 2,634 tickets were given to commercial motor vehicle drivers, and officers issued 1,164 warnings and 1,860 tickets to passenger vehicle drivers. The CVSA has selected reckless, careless, and dangerous driving as the focus areas for this year's enforcement event as they continue to threaten the safety of our roadways. “As unpopular as traffic citations are among drivers, we know that driver behavior does respond to contacts with law enforcement and warnings and citations,” said CVSA President Chief Jay Thompson of the Arkansas Highway Police. “Roadway safety is our top priority and this traffic enforcement initiative supports our goal of making sure everyone driving on our roadways is doing so safely.” Use MVR Monitoring to Track & Flag Unsafe Driving Behaviors If your company's drivers are caught speeding or cited for any other risky driving habits this week, it's the perfect time to address their potentially hazardous driving behaviors. Motor vehicle report (MVR) monitoring programs make it easy to keep an eye on your drivers while they're behind the wheel. Any traffic citations that are reported to their driving record automatically trigger a notification, so you're the first to know. Your drivers may not tell you about their speeding tickets otherwise! Stay in the know about your drivers' risky behaviors with Foley's MVR Monitor. It can help you operate a safer fleet, and potentially save you on all-time-high insurance premiums. Be the First to Know About Roadside Inspections & Traffic Violations with CSA Monitor Would all of your drivers tell you if they were pulled over during their shift? Even if they did, would they let you know if they received a citation? Foley's CSA Monitor provides you with complete visibility by watching for roadside inspections and citations for violations, such as speeding, so you don't need to worry about these factors impacting your Compliance, Safety, and Accountability score (and skyrocketing your risk of being audited by the FMCSA). Both MVR Monitor and CSA Monitor are hosted in Dash, the Foley Platform, for streamlined DOT compliance and driver data monitoring. Get a free platform demo now to start tracking your employees' habits in the driver's seat and have peace of mind about the safety of your fleet.

Effective employee monitoring can protect workers, clients, and your business. Home healthcare agencies face a unique challenge in maintaining a productive and professional workforce: How do you keep tabs on workers who are out and about in the world, driving in their cars and visiting homes, rather than sitting in cubicles for eight hours a day? Luckily, a smart solution exists: employee monitoring.

Motor vehicle reports (MVRs) give you key insight into anyone's driving record. But these MVR reports are also protected by the Fair Credit Reporting Act (FCRA). As a DOT-regulated employer, you run motor vehicle reports at various intervals during a driver’s employment: at the time they’re hired and every year thereafter. It’s a standard DOT compliance practice that helps protect the safety of our roadways — and your company’s compliance. However because an MVR check is a consumer report, there are additional requirements that must be met each time you request a new MVR compliance check for a driver — whether it’s run as part of the pre-employment background screening process or their annual review. Failure to follow these requirements can lead to big fines. Introduction to FCRA Compliance for MVR Reports Before you order an MVR report on an applicant or current employee, it’s important to familiarize yourself with the applicable federal regulations. From how to notify individuals about an MVR compliance check to disposing of sensitive information, the Fair Credit Reporting Act (FCRA) has steps you must take to stay compliant. The steps below deal only with the FCRA and do not address applicable state laws. Employers should familiarize themselves with the laws in their governing state, as well as other applicable state law. Before you order an MVR report, you must provide a disclosure that a background check will be done and get permission from the applicant or employee before the MVR is ordered. In total, the driver will need to be supplied with three documents: Disclosure: This notice must be given to the applicant or employee independently of other paperwork. For applicants, for example, you cannot include the disclosure statement on the application. The disclosure must be clear and conspicuous, in writing and consist solely of the disclosure. If you intend to run periodic MVRs on a driver after they’re hired (as part of an MVR Monitoring program, for example), that information must be very clearly stated within the disclosure. Authorization: You must receive authorization from the driver that acknowledges they received the Disclosure. The driver must also give their consent before you can obtain their motor vehicle report. Summary of Rights: The driver must be provided with a copy of the “Summary of Your Rights Under the Fair Credit Reporting Act.” Additionally, you must certify that you’re running compliant motor vehicle reports with the background check company that is running your searches. Through this process, you must certify you’ve provided the consumer with the disclosure, received authorization, and will not misuse the information or discriminate based on the results. Run Compliant MVR Checks with Foley Sound confusing? It doesn’t have to be. When you order your MVR reports through a DOT background check company that understands all of your federal regulatory requirements, they’ll ensure that all of your requirements are met — so that both your Part 391 and FCRA compliance requirements are fulfilled. To learn more about Foley’s DOT background screening service, including our MVR Monitor program, give us a call at (860) 815-0764 or click here for more information.

Summer celebrations are in full swing! Here are some important July 2024 safety events to take note of. NHTSA Vehicle Theft Prevention Month Most people probably think they’ll never have a vehicle stolen from them, but it’s actually a very common problem. Vehicle theft occurs every 39 seconds in the U.S., and 804,400 motor vehicles were stolen in 2020! That’s why the National Highway Traffic Safety Administration (NHTSA) encourages drivers everywhere to be more aware of the circumstances surrounding vehicle theft. This PDF from the NHTSA can provide your fleet with helpful reminders to recognize when it can happen and how to stay safe. UV Safety Awareness Month Yet another issue most drivers don’t take into consideration is the danger of ultraviolet (UV) rays, especially while on the open road. While the sun is shining and the temperatures are rising this month, consider stressing the importance of protecting the skin, eyes, and lips from UV rays to your employees. Exposure to UV rays, both from the sun and artificial sources like tanning beds or welding torches, causes most skin cancers. Taking extra precautions like applying (and re-applying) sunscreen, wearing sunglasses, and keeping lip balm with SPF handy can significantly reduce the risk of these cancers. Now go have some fun in the sun! Upcoming July 2024 Awareness & Safety Events Fourth of July Even after Independence Day has passed, the festivities may still carry on and have lingering effects, such as drinking and driving. According to Traffic Safety Marketing (TSM) data, 493 people died in motor vehicle crashes over the July 4th holiday period (6 p.m. July 2 – 5:59 a.m. July 6) in 2020. Alcohol-impaired driving crashes contributed to 41 percent of those fatalities. Now is the perfect time to emphasize to your employees that buzzed driving is drunk driving and that it's unacceptable on and off the job. It’s also a perfect opportunity to make sure your DOT drug and alcohol testing programs and policies are compliant and up to date. CVSA Operation Safe Driver Week The Commercial Vehicle Safety Alliance’s (CVSA) Operation Safe Driver Week will be taking place July 7-13, 2024. This year’s focus is reckless, careless, and dangerous driving. Law enforcement will be on the lookout for unsafe driving practices throughout the US, Canada, and Mexico. Remind your drivers to avoid speeding, driving drunk or under the influence, driving distracted, and other risky behaviors while behind the wheel. This should be their mindset every time they sit in the driver’s seat — and not just during this annual safety event. Find out more about Operation Safe Driver Week in this Foley article: Are You Ready for CVSA Operation Safe Driver Week? IFTA Fuel Tax Reminder Even though the month of July has just started, don’t forget – 2nd Quarter IFTA fuel taxes are due on July 31! Stay Up to Date on All Things DOT Compliance with Foley No matter how busy the summer 2024 season gets, Foley has your back with the latest DOT compliance updates.

HARTFORD, CT — Foley, a leading provider of DOT compliance, data monitoring, and hiring software solutions, is stepping up its efforts to assist companies in navigating the new phase of the FMCSA Drug and Alcohol Clearinghouse regulations set to take effect this year. With significant changes on the horizon, Foley is committed to ensuring that businesses employing commercial drivers are fully prepared and compliant.

Commercial truck insurance costs are rising. How can you save on your premiums while keeping the required coverage? If you’ve renewed your truck insurance policy recently, you may have been hit with some sticker shock: as the insurance market hardens in 2024, premiums are rising rapidly. “It’s a hardening market…carriers are coming to us as they are seeing a 25-30 percent increase in commercial insurance premiums across the board,” said Aaron Black, Director of Business Development for Keystone (formerly known as East Coast Risk Management). What does this mean for trucking companies? In addition to higher premiums, standards are also tightening, with underwriters scrutinizing carriers’ safety and compliance even more carefully. According to Black, “Underwriters are looking at risk much more closely than they did in the past.” It’s not just individual carrier risk that is important, but the type of trucks they operate and the industry they’re in,” Black said. “Insurance is a business, and if they’ve found in the past that the payouts for certain vehicle types were too high, for example, they might decide to stop writing policies for those vehicles across the board.” “This is why there aren’t a lot of options for towing or HAZMAT carriers right now. It’s a high risk that many insurance carriers don’t want to take.” Shopping for Truck Insurance? Reducing Your Company's Risk Level is Key to Securing Affordable Coverage. Although you can’t control the commercial trucking insurance market, something in your control can help you secure coverage and get the best possible rates: improving your risk profile. With high-risk companies often paying $100-200K a year more than a policy purchased through the standard insurance market, you’ll want to consider the following steps (at a minimum) to ensure you’re in a good spot before shopping around for coverage. #1: Track Your CSA Score Your company’s Compliance, Safety, and Accountability (CSA) score can influence your insurance premiums — for better or for worse. This score represents how well you've maintained roadway safety, compliance with DOT regulations, and avoiding crashes. Scores range from 0-100, with higher numbers showing an increased risk level due to accidents, DOT violations, failed roadside DOT inspections, or a combination of these factors. You can learn more about CSA scores in this Foley article: CSA Scores: What They Are & Why They Matter or watch our informative on-demand webinar: CSA Scores: The Secrets to Avoiding Audits in 2023. Foley's Audit Risk Monitor (ARM) program provides monthly CSA score updates so you can see where your company's risk level stands. If you see any changes to your CSA score, you can react accordingly to fix the problem that's raising your safety and compliance risk (and, potentially, your insurance premiums). #2: Audit Your Safety & DOT Compliance Programs “A big part of what we do at East Coast Risk Management [Keystone] is performing mock audits for carriers to ensure they don’t have any compliance and safety gaps,” Black said. “If there are gaps — that’s where Foley steps in. Together, we can help ensure motor carriers are operating compliantly.” No matter your company size or how long you've been in business, DOT compliance is complicated. But you don't have to try to meet all the DOT regulations on your own. Foley can help ensure you have compliant driver files, you're running the right FMCSA Clearinghouse queries, you're performing accurate DOT drug and alcohol tests on your drivers, and more. #3: Evaluate Your Company's Loss History Your total incurred claims shouldn’t be more than the amount you paid for coverage in any given year. PLUS, insurance companies also have to pay costs to underwrite, purchase reinsurance, and adjust claims on top of claim payments. Remember: insurance companies are a business, and if they think they’re going to lose money on you, they’ll be less likely to provide you with a quote. Or, if they do quote, they will charge you far more than you would like to pay. Simply put, insurance companies will charge you what they believe it will take to make money on you. Therefore, insurance companies usually price what they view as the best-performing companies at two times the expected or average annual claim costs. For those they believe to be poorer performing companies, the costs are often three to four times the expected or average claim costs. #4: Establish a Risk Management Plan Black recommends putting a risk management plan in place before shopping for insurance if a company’s CSA score is a concern. “Even if their scores aren’t great, if carriers can prove that they have a plan for improving their safety and compliance, and have shown they are serious about following through, it can drastically increase their odds of getting coverage.” #5: Implement an MVR Monitoring Program Insurance companies look at these programs very favorably because they help companies like yours effectively manage driver risk and often result in lower insurance premiums. “Companies are required to pull an MVR annually as a best practice, but what about the other 364 days that drivers are out on the road?” Black said. “That provides a lot of opportunities for violations to occur that an employer may not be aware of.” According to David R Leng, CPCU, CIC, CBWA, CWCA, CRM of the Duncan Insurance Group, “Risk Profile Improvement is a simple concept, but it is more complex to implement. As the expression goes, the devil is in the detail.” “If you can get insurance companies to believe you can mitigate future claims, they will discount those claims that did occur in the past and provide you with lower rates than your claims’ data merits from a straight actuarial math standpoint,” he said. “You can influence the assumptions an underwriter uses to set up the actuarial math calculation of your premium.” However, just having policies and procedures written down on paper is not enough. “Insurance companies live by the rule ‘Trust, But Verify’,” he said. “They will want to see proof of proactive programs, how they are managed, what decisions are being made, and what steps are taken when things pop up.” For example, if your telematics shows a driver that repeatedly speeds excessively, or their monitored motor vehicle report has repeated significant speeding violations, and your files show no actions of discipline or termination of the driver, the insurance companies will not believe that you use any of the Risk Profile Improvement programs you say you have implemented. “Unfortunately, insurance companies do not care that drivers are hard to find,” Leng said. “Insurance companies continually state that poor drivers and poor risk management processes lead to more claims, and they will act accordingly when it comes to quoting and pricing insurance policies.” Foley's MVR monitoring program has been proven to reduce driver violations by up to 34 percent. Start investing in the safety of your drivers and get a free demo of our MVR check software. Start Using DOT Compliance Software to Help You Save on Commercial Truck Insurance History tells us that these challenging market conditions could stick around for a while, as the last few hard market periods lasted an average of three years. With that in mind, it’s essential to take whatever risk mitigation steps you can to improve your likelihood of securing insurance — and getting the best possible rate for your business. If you're interested in learning more about the connection between DOT compliance software and lower insurance premiums, check out the Fixing Your Fleet with Foley Services episode on The Power Producers Podcast, where David Carothers interviews our CEO, Joel Sitak, and Head of Solutions Enablement, Scott Mogensen. Foley's compliance experts also offer FREE DOT compliance software demos to help you take control of your truck insurance costs. 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Get the answers to some of the most common questions small trucking company owners have about their DOT drug and alcohol testing requirements.

The Commercial Vehicle Safety Alliance has confirmed that Operation Safe Driver Week will proceed as planned this year, with enforcement scheduled for July 7-13, 2024. This year’s event will focus on reckless, careless, and dangerous driving. “Data shows that traffic stops and interactions with law enforcement help reduce problematic driving behaviors,” said Commercial Vehicle Safety Alliance (CVSA) President Sgt. John Samis with the Delaware State Police. “By making contact with drivers during Operation Safe Driver Week, law enforcement personnel aim to make our roadways safer by targeting high-risk driving behaviors.” What Happens During the CVSA Operation Safe Driver Week? During Operation Safe Driver Week, law enforcement officers across Canada, Mexico, and the U.S. will be monitoring both commercial and passenger vehicle drivers for unsafe driving practices including speeding, distracted driving, tailgating, and driving under the influence of alcohol or drugs. Drivers found engaging in these behaviors will be stopped by law enforcement and could receive a warning or citation. Why Does Operation Safe Driver Week Matter? According to the American Transportation Research Institute, a truck driver with a reckless driving violation is 114% more likely to be involved in a crash. Initiatives like Operation Safe Driver Week emphasize the importance of driving safely throughout the year and the consequences of not doing so. To help your drivers prepare for Operation Safe Driver Week, and every day they're on the road, the Commercial Vehicle Safety Alliance has free resources for commercial drivers available. Check out the printable materials on defeating distracted driving, safety tips for professional drivers, and videos from actual truck drivers and commercial vehicle inspectors on their website. How Driver Data Helps You Get Ahead of Driver Violations & Crashes By monitoring your drivers' behaviors behind the wheel, you can be alerted to new violations that increase their risk of being involved in an accident. Violations including speeding, DWI/DUIs, and license and DOT medical card downgrades, are all visible with a motor vehicle record (MVR) monitoring solution. After you're notified of a new violation, you can take the appropriate corrective action to help prevent these violations from turning into crashes — or expensive lawsuits — both of which can increase your commercial insurance premiums. Start tracking your employees' habits in the driver's seat with Foley's MVR Monitor before they're caught during Operation Safe Driver Week 2024. Get a free demo of the program by clicking here or filling out the form below.

At Foley, our sales team members are constantly reporting poor customer service is the biggest pain point our prospects deal with before partnering with us. We know this because we hear horror stories every day, which is one of many reasons why we strive to always deliver a six-star customer experience.

It’s no secret that the trucking industry is currently under strain. With driver shortages and an ever-increasing demand for shipping, things are feeling tight. Add to that the astronomically high driver turnover rates we’re seeing, and you can quickly understand why so many companies are starting to struggle when it comes to staffing — both in driver acquisition and driver retention. In fact, driver retention was the #2 issue for motor carriers, according to the 2023 American Transportation Research Institute’s (ATRI) annual survey. Just as we see with customers, driver retention is much easier and cheaper than constantly trying to find new staff to replace those you’ve lost. With some companies finding it difficult to hold onto drivers for more than a few months — or even weeks — driver retention must become a priority. The good news is that improving truck driver retention will trickle down (just as it does with customer retention) to improve your ability to attract and acquire new drivers. As you can see, driver retention should not be overlooked! In this article, we’ll guide you through the best truck driver retention ideas, programs, and strategies to reduce your turnover rate. Driver Retention Meaning: What are We Talking About? First, let’s get clear on what exactly driver retention means. Truck driver retention means that you retain (as in keep) employed drivers for the long term. Many companies in the trucking industry are experiencing high turnover, which means drivers are leaving almost as frequently as they’re coming. Any company’s goal should be to improve its driver retention rate and reduce its driver turnover rate. Why is Driver Turnover So High? The reasons for driver turnover being high vary from company to company, but there are a number of common factors. One reason for driver turnover is, of course, the pandemic. COVID-19 has undoubtedly been felt in the trucking industry, just as it has in all others. The National Institute of Health estimates that over 50% of all truck drivers are “obese,” which puts them at a much higher risk of severe or even life-threatening conditions that would make them more likely to stop driving. Of course, this isn’t the only reason for a high turnover rate. Some of the other reasons include: Feeling like they’re treated like a machine, not a person Finding their company has no work-life balance culture Spending too much time away from their family Poor management and scheduling Overwork (ironically, often due to the high turnover in the first place) Only hearing about their failings, never getting praise Underpaid or under-benefitted Concerns about poorly maintained equipment Knowing they are in demand and accepting better terms at another company Truck Driver Retention Statistics The trucking turnover rate rose to 91 percent in 2019, according to American Trucking Associations. This number suggests that if a company has 100 drivers, only nine of them would stay with them through the next year. Considering that each new hire costs an average of $8,000 just to get them in the driver’s seat, not including their wage or fuel in the vehicle, losing and replacing all those drivers isn’t something you can ignore. If you were to hire 90 new drivers, it could cost you a whopping $720,000. You could spend a fraction of that figure generating and implementing driver retention programs and strategies, and still walk away with money in your pocket. Another statistic you need to know is about driver shortages. We know they’re happening, but the ATA’s statistics are chilling. The ATA projects that we may be 1,000,000 drivers short in the next 10 years. That makes it more important than ever to develop truck driver retention strategies while working on new ways to foster new, talented drivers. What are Truck Driver Retention Programs? A driver retention program is designed to encourage drivers to stay with them long-term. We’ll discuss strategies you can use within your driver retention program shortly, but it’s important to understand that any program must be built on a foundation of honesty while aiming to constantly improve as a team. If you bait and switch new drivers (purposefully or not) with a rosy outlook of how it will be to work for you, only to drop the façade a few weeks in, you’ll find your new drivers leave almost as quickly as they come. You have to avoid having a “honeymoon” phase and maintain a positive work environment at all times. That doesn’t mean it has to be unrealistically positive all the time, but it does mean that the teams supporting and managing your drivers need to be organized and understand what is important to your drivers. Your drivers also need to be thought of as part of the team, not as someone who simply turns up, checks in, and checks out. They need to be aligned with the company’s values and understand the goals of the company. Now we understand what a driver retention program is, let’s dive into the strategies you can use to put together a winning program. How to Retain Truck Drivers: 7 Driver Retention Strategies 1. Understand the Value Exchange Money alone is rarely the answer. Yes, truck drivers want better pay (who doesn’t?), but we all know that money alone is not always the best motivator. If bills will still be paid, no amount of money will keep someone in a bad situation for long. That said, the exchange of value is important. Your drivers need to feel like they’re being compensated fairly for their time and skill. This shouldn’t just be the money that is deposited in their account at the end of each pay cycle, you also need to consider benefits that will make them feel safe and secure. Remember that drivers have other options, so being a full-time (or part-time) employee needs to be the easier option. That means you should ensure or consider offering an employment package that makes your drivers feel nurtured. This may include: Diverse pension options Health care (most people will switch jobs for this, especially if it covers their family) Dental and eye care Better, or more flexible hours Sufficient time off Free gym memberships (or similar offerings) Free phones/devices Bonuses and rewards If you’re not sure what would make your drivers happier, a raise, or an added benefit, ask them. It’s also worth checking that your pay is in line with what others are paying, or a little better. If they know they’re being well-compensated, they’ll be far more inclined to stick around. 2. Cultivate a Feedback Culture If you want to improve driver retention rates, you’ve got to get feedback from your drivers so they can tell you what you’re doing right (and wrong), and also complain when necessary. Give them an anonymous channel to speak to HR. There are some sophisticated solutions for this, but a Google Form will work just as well. Once you’ve opened channels to receive feedback, make sure you act on it. The feedback you gather is valuable data that can help you retain truck drivers for longer and save money. It can cost up to $25,000 to replace a driver, so take this feedback seriously. It’s important not to dismiss drivers’ gripes — make sure you have your ear to the ground and listen for potential problems. If you notice a pattern, take note and take action when necessary. Making changes can do wonders for improving your driver retention rate. But, you can’t keep everyone. Sometimes people will decide to move on to something different or move home to be closer to family, but sometimes, they’ve realized they’re just not a good fit for your company. No one likes the conflict of employees leaving, but you must know why drivers are leaving. Don’t be afraid to ask them to give you feedback — ideally, don’t do this face-to-face with a manager, since this can feel too intense. Instead, ask them to answer a few questions on their last day. 3. Make Health & Safety a Priority Trucking is a relatively high-risk profession, often making the Most Dangerous Job in America list. The more you can do to emphasize that you’re taking every (reasonable) precaution to keep them safe, the better. Schedule regular maintenance, get their concerns checked out when they tell you about them and invest in safety features. Don’t forget that health and safety isn’t just about the equipment and staying alert, but also mental health. For many, mental health is still difficult to talk about publicly, so try to encourage good habits that help drivers stay healthy, physically and mentally. Encourage drivers to take regular time off, get exercise and fresh air (whether it be lifting weights or going hunting, it all counts), and use techniques to lower stress. While suggesting they take up meditation may be a hard sell to some, make sure they have the tools to manage their mental health in whatever way works for them. Sometimes, simply ensuring they have a good Wi-Fi connection on the road (for long-haul) is enough to help them stay connected. For others, having the option to take a pet along for the ride will greatly improve not only their mental health but also their job satisfaction. 4. Recognize Stellar Performance No matter the industry, feeling like you’re undervalued or in a thankless position destroys job satisfaction and can quickly become a primary motivator for why an employee looks for a new position. Simply saying “thank you” every time they climb out of the truck isn’t enough. Instead, consider creating milestones and awards for your drivers. Offer gifts (can be small!) for longevity, and make sure you recognize when a driver goes above and beyond. Even just a quick text from a manager to say that they appreciated what they did will go a long way to keeping your drivers around. Make sure you don’t overlook introverted, quiet drivers who are always punctual and get the job done. These reliable drivers will leave if they feel overlooked and underappreciated for their natural ability to just get on with the job. Consider hosting an award ceremony at the end of the year (ideally at the end of the year party — more on that shortly) to recognize the employees that have excelled. You can also give out funny awards, just make sure they’re all in good humor. 5. Build a Team, Find a Family Using the word “family” to describe company culture can be a double-edged sword. On one hand, calling your team your “family” can accurately represent how you look after one another, but it can also represent a negative work environment. There’s a lot of businesses that call their team culture a “family” but weaponize the word to mean that everyone must do as everyone else does (no individualism) or keep quiet if they’re unhappy about something. Fortunately, you can have a positive family culture if you cultivate a team that looks out for one another, shares the same values, and works to excel individually and as a team. Done right, it means that you are happy to see workplace friendships and have yearly events, especially if you value being family-oriented. Arranging yearly events such as an Easter egg hunt for your employee’s children (or grandchildren) in spring, a BBQ in the summer, a Halloween costume competition in the fall (for adults or kids), and an annual end-of-year party in December will help bring your team together for fun a few times a year and start an annual tradition that will encourage longevity and excite new staff. 6. Make Work-Life Balance a Priority We’ve touched on this before, but work-life balance is one of the key reasons why drivers leave. They want to work reasonable hours and get to spend time with their families. How you manage your drivers will depend on the type of work they’re doing and your needs, but try to create an environment in which your drivers can thrive. First, try to optimize their routes. This has become the standard for delivery drivers who deliver to the end customer’s door but isn’t always done in other areas. Try to shorten trip times and keep in touch with your drivers to help them reduce their time on the road so they can get home quickly, without cutting corners. Next, talk to your drivers and ask them about their ideal working schedules. You may find that some would love to work early morning until early afternoon every day and never do late shifts. For long haul, you may find your drivers would prefer to do a few back-to-back trips and then have more time off to spend with family. This can take some scheduling, but if you get it right while working with your company's needs and regulations, you can find your stride and become the company to work for in your area. 7. Invest in High-Quality Equipment Where possible, invest in high-quality equipment. Truck drivers take pride in what they drive, so if they’re the only ones on the road driving around in an old truck or dealing with old equipment, it will reflect badly on your company. Keeping things well maintained is another part of this, which we already touched on in the health and safety point above. BONUS! 8. Set Up Drivers for Success from the Start with Better Onboarding Your drivers are a direct reflection of your company values. If you don't present yourself as a quality employer, they will likely hold themselves to a lower standard. The best way to prevent this is with a seamless, enjoyable onboarding process that gives them the best possible first impression of your HR and safety department, and your company as a whole. Using a mobile-friendly onboarding software solution makes it easy for drivers to provide you with all the necessary qualification information you need to get them behind the wheel legally (and quickly!). Not to mention, the ideal platform will keep you compliant with DOT and FMCSA requirements. Retaining More Drivers in 2024 The number one driver retention strategy is to speak to and listen to your drivers and be open to their honest opinions. If your retention rates are low, this can be a painful process, but it will pay dividends in the long run. Remember, if your drivers are happy, feel valued, and love working for you, they’re not only not going to want to leave, but they’ll attract other truck drivers who also want to work for a company like yours. With time and effort, you can become one of the sought-after trucking companies with low turnover rates everyone in the area wants to work for.

Have you renewed your annual hazmat registration yet? The Pipeline and Hazardous Materials Safety Administration (PHMSA) requires hazardous material transporters to register and pay a fee each year in return for a certificate of operations. The 2024-2025 registration year covers the period between July 1, 2024, and June 30, 2025. For the 2024-2025 registration year, payment must be received by July 1. Who Needs to File a Hazmat Registration? The annual hazardous materials registration applies to any interstate or intrastate business that requires a U.S. DOT hazmat placard. Current certificates must be kept in your vehicle at all times. How Much Does a Hazmat Registration Cost? The two-tier fee structure is based on a company’s size, with small trucking companies paying less than their larger counterparts. Whether or not your company qualifies for the lower small business fee depends on if you meet the size standard as set by the U.S. Small Business Administration. Those in the trucking or pipeline industries will typically qualify for the lower fee if they have fewer than 1,500 employees or less than $27.5 million in revenue. If you have questions about whether or not you qualify, you can find out here. What if I Don’t Meet the Hazmat Registration Deadline? Failure to register by the hazmat registration deadline, or failure to produce a current certificate during a roadside inspection, will result in a loss of operating authority in both intrastate and interstate commerce. Failure to produce a current certificate during a roadside stop can also result in a fine of up to $37,500 per day. Because there are multi-year registrations available, you may not need to renew by the July deadline. If you aren’t sure whether your registration is due this year, you can check your registration status here. File Your Hazmat Registration with Foley Now To avoid the steep penalties associated with failing to file your hazardous materials registration, Foley can help you now with a one, two, or three-year hazmat registration. We can also assist with the creation of a hazmat security plan, which can help you comply with additional hazardous materials transportation requirements. This plan must address topics such as personnel security, unauthorized access, employee training, and en route security. Give Foley a call at (800) 253-5506 to get started with your 2023-2024 hazmat registration, or click here for more information.

Carriers with poor CSA scores may be suspended from or denied access to the Amazon Relay load board. Amazon is one of the most widely known companies offering local and long-haul delivery opportunities for trucking companies, especially owner-operators, as part of its Amazon Relay program.

Driver qualification files stump many safety and compliance managers, which lead to DOT violations and hefty fines. But these consequences can be avoided. As a company regulated by the Federal Motor Carrier Safety Administration (FMCSA), you must maintain specific files on all your drivers — federal law requires it. Still, many companies continue to rack up violations and hefty fines because their driver qualification files aren’t complete or up-to-date. In fact, many violations result because companies don’t maintain fully compliant driver files — whether due to oversight, clerical error, because their drivers withhold information, or simply because they aren’t up to speed on the many Federal Motor Carrier Safety Administration (FMCSA) rules and regulations. No matter if you’re operating a fleet or running as an owner-operator, compliance is your priority No. 1, and maintaining complete driver files is a crucial element to this. Below are the most significant (and common) driver file infractions that you always want to avoid. The Top 5 Driver Qualification File Violations #1: Driving a Commercial Motor Vehicle while Disqualified It should go without saying that drivers should not get behind the wheel — ever — if they are disqualified from doing so due to various convictions. Yet this remains a top driver file violation. This is because a motor carrier is held liable whether or not a driver notifies them of a conviction or violation (even though, per law, drivers are required to tell their employers about revocations, suspensions, or withdrawals immediately upon receiving notice). Per federal regulation, you are on the hook either way: “So long as a motor carrier knows, or should have known, about a driver’s conviction for a disqualifying offense, it is prohibited from using the driver during the disqualification period.” Drivers are considered disqualified if their offense was committed during on-duty time and they were employed by a motor carrier engaged in commercial interstate, intrastate, or foreign commerce. Offenses that automatically disqualify drivers from driving vary in duration and are also based on their number of previous offenses. Some examples include: Driving a CMV with an alcohol concentration of .04 percent or more. Driving a CMV under the influence of a Schedule I-identified controlled substance, amphetamine, or other narcotic drug. Refusing to undergo alcohol testing as required by state or jurisdictional law. Leaving the scene of an accident while operating a CMV. For all of the above: Drivers are disqualified for at least 1 year for the first offense; and at least 3 years for subsequent offenses. Additional reasons for disqualification: Texting while driving a CMV. Using a hand-held device while driving a CMV. For both of the above: Drivers are disqualified for 60 days if they have two violations within a 3-year period; or for 120 days if they have three or more violations in a 3-year period. #2: Using a Physically Unqualified Driver All DOT-regulated drivers operating a vehicle weighing at least 10,001 pounds must meet the requirements to receive a medical card. This means they must have a DOT physical exam once every two years. These are conducted by certified medical examiners who perform general physical exams — looking at a driver’s eyes, heart, lungs, abdomen, and spine, for example — while also assessing their medical history and prescribed medications. Drivers deemed medically fit for duty are then issued a DOT medical card that is valid for two years. However, some medical conditions may disqualify drivers from operating a CMV, or may require more frequent monitoring/exams (which examiners will specify). #3: Not Keeping Inquiries into Driving Records in a Driver Qualification File Upon employing a driver, all motor carriers must investigate, document, and retain that driver's employment safety performance history for the previous three years. This involves contacting previous employers, and the history must include, at minimum: Any accident and accident details (where possible). Any alcohol or controlled substance prohibition violations. General driver identification and employment verification information. Companies must also run Motor Vehicle Reports (MVRs) in all states where drivers have held CDLs or permits for the previous three years. From then on, carriers must continue to obtain updated MVRs annually and closely review them to determine that drivers have had no disqualifying offenses. All of these inquiries into a driver’s safety performance history must be closely documented and retained for the length of employment and for three years thereafter. Critically, they must be kept in a secure — that is, under a lock and key — location. #4: Failing to Maintain a Driver File on Each Driver This is a basic notion. All companies must compile, maintain, and update a Driver Qualification File (DQF) for every driver. These must contain: Driver’s application for employment. Inquiries to previous employers for safety performance history. Inquiries to state agencies for a driver’s MVR and carrier’s annual review of record. Annual driver’s certification of violations. Driver’s road test certificate or equivalent. Medical examiner’s certificate. Inquiry about drug and alcohol tests. #5: Not Keeping a Medical Certificate in a Driver File As noted above, drivers must pass medical exams and be issued medical examiner’s certificates before they can legally operate a CMV. These must be kept in their driver file and updated every time they are issued new or modified certificates. The Ongoing Benefits of Digital DOT Driver Files Violations can be costly, and they can also impact your company’s Compliance, Safety, and Accountability (CSA) scores. The best way to ensure safety and compliance is to keep tabs on your driver files (and your drivers). Switching to a digital solution can make this much easier. With Dash, the Foley platform, you can convert all your files to digital (if you haven’t already), and then help manage upcoming deadlines such as CDL and medical card expiration dates. All your files are then kept in a secure, easy-to-access location on any mobile device. Don’t get caught off guard during annual reviews or when DOT auditors come calling. Stay compliant by contacting Foley today!

Obtaining your authority to operate can be a lengthy and complex process, but here's how to get your DOT operating authority quickly, compliantly, and affordably.

Does a DOT physical include a drug test? If you’re a commercial vehicle driver, fleet safety manager, or owner of a trucking company, then you know the drill: At least once every two years, drivers need to have a DOT physical exam to renew their DOT medical card. These exams are conducted by certified medical examiners whose job it is to evaluate drivers for a wide range of medical conditions and ensure they’re healthy enough to operate a motor vehicle safely. In addition to a general physical examination, your DOT physical will include a urinalysis. But unless the examiner requests a second sample be given for a DOT drug test (sometimes requested during the pre-employment process), the urine sample you provide during the exam isn’t used to detect drug use — but to screen for medical conditions such as diabetes instead. It’s important to note that if your employer does require a pre-employment drug test at the same time, the examiner will be very clear with you about the testing procedures during your appointment. Related: Learn What to Expect at Your DOT Physical Here What About Medications? What Prescription Drugs are Banned by DOT? Although a standard DOT drug test isn’t conducted during DOT physicals, the medical examiner will review your current medications with you — including those you take for diabetes, heart disease, neurological conditions, mental health conditions, and recent surgeries. Some of these medications may automatically disqualify you from driving a commercial motor vehicle (at least temporarily), but that decision is left up to the medical examiner’s discretion, as well as the advice of your doctor. In these cases, your medical examiner will want to see a note from your doctor that describes your condition, the medications you take, and the impact it will have on your ability to safely operate a motor vehicle. If you're wondering what specific drugs are prohibited by the DOT, check out this Foley article for more information: What Drugs Will Disqualify Drivers from Operating Commercial Vehicles? If the medical examiner deems that the medications you’re on cannot be used while driving a commercial motor vehicle, you may receive a temporary disqualification. Once you’ve been off the medication for a certain period of time, you can then be reevaluated for a medical card. In other cases, you may be granted a medical card, but you’ll need to have another DOT physical exam in the next 6–12 months instead of the normal two-year timeframe. Links to Related Foley Articles in the DOT Physicals Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Vision Requirements for the Eye Exam DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physicals: Will I Pass with Diabetes? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: What if I have a Medical Condition? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances

Summer 2024 is almost here, which means seasonal businesses will be ramping up their workforces. Think farms and orchards, amusement parks, landscaping companies, construction sites, golf courses — the list goes on. Some businesses hire the same seasonal workers year after year, while others hire new people each year, or a combination of new and old. For college kids, a summer job is an annual rite of passage. For other seasonal workers, the gig might supplement a full-time job.

Passenger vehicles may be subject to the same DOT compliance standards as commercial vehicles.

Summer 2024 is almost here, and so is a long list of safety awareness initiatives, fun and informative industry events, and an important DOT compliance registration deadline.

DOT drug testing violations can result in expensive fines. You can save your company from penalties of up to $16,864 by working with a third-party administrator (TPA). Drug and alcohol testing violations were some of the most common shortcomings auditors found during DOT compliance reviews in 2023.

Random roadside inspections aren’t so “random” after all, according to Mike Yonka, director of safety services for transportation at Sentry Insurance. In an interview with FleetOwner, the former truck driver, fleet safety director, and human resources director shared, “Drivers don’t understand that every time you are getting inspected or there’s a violation depending on what category it is, it drives up your score.” What score is he talking about? It’s often referred to as the ISS, which is the Federal Motor Carrier Safety Administration’s Inspection Selection System. Safety inspectors use it as a guide when selecting which commercial motor vehicles (CMVs) to inspect. Based on carriers’ safety performance data, ISS scores are based on crash history, inspection history, driver history, and safety management experience. ISS values are lumped into three different categories: Inspect (inspection warranted); scores between 75 and 100 Optional (could be worth a look); scores between 50 and 74 Pass (no inspection required); scores between one and 49 The lower your score, the less likely you are to face an unplanned inspection. On the other hand, if you’ve earned a score of 75 or above, you should expect to face one sooner rather than later. “Inspectors already know by looking at the profile of the carrier that they have an issue with inspections and vehicle maintenance,” said Yonka. Informing Your Fleet Can Save Your Score If you’re a safety manager, terminal manager, or if you hold any other influential position at your company, the responsibility of preparing your fleet for inspections weighs heavily on your shoulders. And if you’re not sharing your company’s ISS information with your drivers, you’re missing out on a key component of preventing future violations. Openly discussing out-of-service violation numbers and ISS scores with drivers can help them understand why they have been flagged and are being inspected more often. In addition, keeping up on regular preventative maintenance (PM), as well as reminding drivers to perform quality pre- and post-trip inspections goes a long way. The Payoff of Preventative Vehicle Maintenance Kevin Pfost, technical service coordinator for Bendix Commercial Vehicle Systems, firmly believes in the power of conducting PMs regularly to avoid issues during roadside inspections. He shared with FleetOwner that both technicians and drivers can measure strokes on drum brakes and ensure slack adjusters are all positioned at the same angle. This is also a bigger problem than you may think. According to the results of the 2021 Roadcheck, brake systems were the top violation in North America, accounting for 26.5% of all driver out-of-service conditions. Brake adjustments were number four, totaling 12.4% of overall violations. Enforcement Season is Here — Are You Ready? If an officer is looking at these wheel-end components, they’re performing a Level I inspection, which means they’re physically crawling underneath the cab and looking at the slack adjusters and the inside of the brake drums. At this point, any hope of hiding something from the officer is most likely gone. Not only are bad brakes an inspection violation, but they’re also dangerous! It’s crucial to bring any truck with brake issues in for maintenance immediately — especially before it’s rolling down the road at full speed without any way to stop it. The Power of Pre- & Post-Trip Inspections The point of conducting pre-trip inspections is to catch minor quick fixes that could have a major impact on the results of an official inspection. Simple things like checking the headlights, the horn, and if a fire extinguisher is in the truck should be done every time a driver is about to hit the road. Encouraging drivers to change their mindset about these pre- and post-trip inspections can make a real difference. If they have safety at the top of their priorities, they’re going to look at things differently while on the job. Looking out for themselves, co-workers who may use the same truck, and other drivers on the road should be their focus, and these inspections play a definitive role in that. Get Your FREE DOT Audit Survival Guide Today! Having proper documentation is also a crucial component of the inspection process, Yonka indicated. Drivers should be able to show law enforcement officers the steps that they followed during their pre-trip inspections. “If there is a severe accident and you are going into court, they are going to ask from an insurance perspective what you did,” Yonka said. “Do you have a process? Did you follow a certain way of handling those inspections? Did you do your pre-trip inspection and make sure everything was good before you hit the road?” Yonka often encourages carriers to train drivers on their processes, since high out-of-service violations and ISS scores can cause insurance premiums to skyrocket. And when drivers find a better way to conduct their inspections, carriers should take note and always listen to driver feedback. They’re the best source of on-the-job information. Prioritize Your Fleet’s Safety with the Right Partner “My comment to drivers is whenever you are driving, you have to think of it as your family in that car in front of you.” Yonka urged. Putting things into perspective like this can often remind drivers how dangerous their jobs can be. The last thing you, as a carrier, want to deal with is an accident — or worse — a lawsuit. Nuclear verdicts are taking the industry by storm (not in a good way) and becoming the detrimental fate of countless transport companies. The above advice can help improve your fleet’s safety and success, even if you are entangled in litigation. Having a compliance partner also goes a long way in ensuring you’re following all DOT regulations. Even if you’ve failed an inspection or safety audit, it’s not too late to get back on track. Foley’s experts offer reliable audit support to help you restore your safety rating and avoid future compliance issues. We also provide ongoing MVR Monitoring to keep track of your fleet’s driving habits, which can help save your company if you ever find yourself in a courtroom. Talk with a DOT compliance specialist today or fill out the form below to get started.

The Federal Motor Carrier Safety Administration (FMCSA) uses seven Behavior Analysis and Safety Improvement Categories (BASICs) to determine a motor carrier’s safety performance and compliance in comparison with other carriers. Five BASICs are available to the public online in the Safety Measurement System (SMS) – one of them being the Controlled Substances/Alcohol BASIC. This BASIC refers to regulation 49 CFR Parts 382 and 392.

Most Safety Managers and owners of DOT-regulated businesses understand the importance of keeping up with maintaining their commercial vehicles. What is not always clearly understood, however, is the vehicle maintenance records the Federal Motor Carrier Safety Administration (FMCSA) requires. According to FMCSA regulations, There are specific documents that must be kept for certain retention periods. These regulations apply to any owned or leased vehicle (provided the leased vehicle is being operated for at least 30 days) that meets one or more of the following requirements: Has a Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) of 10,001 pounds or more Carries hazardous materials and requires placarding Can transport eight or more passengers, including the driver DOT Vehicle Maintenance Files (VMFs) The FMCSA requires that individual files be maintained for all CMVs. Many companies do retain maintenance records, but they are often disorganized and kept in one file. In the event of an FMCSA audit, this can make it difficult for the safety auditor to make an accurate assessment of the company’s maintenance methods and paper files are not accepted during offsite DOT audits. That means headaches — and possibly hefty fines — for the company. Let's consider a hypothetical situation that is a common scenario with many DOT-regulated businesses: The owner of a home services company undergoes an FMCSA compliance review. When the safety auditor requests to see vehicle maintenance records, the owner is confident knowing that they are on top of maintaining their CMVs. They plunk down a large file that they have been keeping for years containing repair receipts, DMV records, insurance forms, etc. What they're not prepared for is the excruciating 4-hour examination of documents by a stringent DOT auditor who has to rummage through a mass of disorganized paperwork. They received several violations for failing to keep records of inspections and vehicle maintenance. The owner is shocked…they have been maintaining these records for years, isn’t it obvious they take care of their vehicles? Documentation & Filing Methods of Vehicle Repairs & Maintenance To ensure you set up acceptable Vehicle Maintenance Files (VMFs), we suggest putting yourself in the DOT auditor’s shoes for just a minute. Would you want to go through a jumbled mess of years of paperwork, trying to sift out important documents? Here are three steps to keep in mind when creating and maintaining your DOT vehicle maintenance files: 1. Create one separate file for each vehicle (including trailers) A DOT auditor wants to be able to select a vehicle file and be able to immediately and clearly identify the vehicle. Therefore, the first stand-alone document should be a Vehicle Identification Record that contains identifying information such as the make, model, year, and VIN. 2. Clearly identify receipts of repairs and regular maintenance It’s important to keep receipts, but the DOT auditor needs to be able to tell what the receipt is for. For example: You purchased new windshield wipers, light bulbs, and batteries. You also threw in some air fresheners, heavy-duty garbage bags, and a pack of gum. You should keep a document or form of the vehicle purchases and staple the receipt to it, highlighting the date and the purchases that pertain to the vehicle. 3. Document roadside inspections Whenever any of your vehicles are selected for a roadside inspection, whether violations are found or not, you need to keep the roadside inspection report in the vehicle’s file. If defects (violations) are found, it's crucial to get them fixed promptly and to staple evidence of the repair to the inspection report. Your VMFs need to reflect that you are on top of all regular maintenance needs and that you repair all defects promptly. An auditor wants to be certain that your vehicle can be safely operated on public roadways. Therefore, not only do you want to be able to document when you last had maintenance performed, but also when you project it will next be needed. DOT Record Retention Periods All vehicle maintenance records must be retained for a minimum of 12 months with one exception: Annual DOT inspection reports must be retained for 14 months. DOT Periodic/Annual Inspections and Reports Annual or periodic DOT inspection reports are a crucial aspect of maintenance records that are often overlooked. These are the inspections in which you receive a sticker on the CMV indicating that it has passed its annual inspection. Many DOT-regulated business owners believe that having the sticker is sufficient, yet the hard copy of the report is just as important. Get Your Vehicle Maintenance DOT Records Organized & Digitized Even if you aren't expecting an FMCSA audit soon, do not put off getting organized and implementing an effective vehicle maintenance filing system. As your business grows and you add additional trucks to your fleet, the more difficult it will become to keep up with your DOT recordkeeping requirements. Dash, Foley's DOT recordkeeping software solution, makes it easy to transfer all your paper files to an electronic format, so you're always ready for DOT compliance reviews. Get a free demo of Dash now by clicking here or filling out the form below.

Now that the 2024 CVSA International Roadcheck inspection blitz has concluded, you may think your commercial vehicles and employees who drive are in the clear from federal interventions. If either were cited for violations during the inspection process, this isn’t the case. Companies with drivers or trucks that were cited for violations or placed out of service during the Roadcheck 2024 inspections will be prioritized for DOT audits, including offsite audits, during the following months. What are Offsite Audits? As the name suggests, offsite audits are held remotely – without the auditor coming to a company's s place of business. Instead, auditors will often ask questions over the phone and request various compliance documents to be sent electronically using the FMCSA portal. For companies that are already using a digital recordkeeping system, this process is fairly straightforward – especially if it’s part of their DOT compliance management system. Foley customers, for example, can download files from their company platform and provide them to the auditor in just a few minutes. Those with digital DOT recordkeeping in place are also much less likely to have incomplete files, as the software monitors the compliance of each driver and sends alerts and notifications when files are outdated or incomplete. For companies that are still using paper recordkeeping systems, the process is more tedious. Upon the auditor’s request, all documents must be scanned, saved as digital files, and then either uploaded to the FMCSA portal or emailed directly to the auditor. Companies are typically given only about 48 hours to gather and submit documentation. Maintaining fully compliant files is crucial, as there isn’t a lot of time to locate and provide incomplete files if a document is missing. What are the FMSCA Safety Ratings? Safety ratings are publicly accessible and up-to-date records of a company's compliance with federally regulated safety fitness standards. According to the FMCSA, these ratings are based on the “safety management controls” that companies have in place to maintain their compliance with safety and hazardous materials regulations. These controls must be appropriate to a company’s size and type of operation. After an offsite audit, FMCSA-regulated companies can be assigned one of three safety ratings: satisfactory, conditional, or unsatisfactory. We explain the definition of each rating below. Satisfactory This is the best possible rating, meaning a company has functional and adequate safety management in place. Conditional Conditional safety ratings are given to companies that do not have adequate safety management controls in place or have failed to follow some safety protocols. Companies with this rating are still permitted to operate, but their relationships with customers, brokers, and creditors will likely be impacted (that is, business partners could become wary of working with a Conditional carrier because it could disrupt their business and reputation as well). These companies' insurance premiums are also likely to increase, or they may not be able to secure insurance at all. Unsatisfactory This is the worst possible safety rating, meaning that a company has failed to implement or upgrade compliant safety protocols. It signals that the FMCSA has made a preliminary determination that the company is unfit to continue operating in interstate commerce and is ineligible for federal contracts. The company must make necessary safety improvements in 45 to 60 days to be able to continue operating. The first step to upgrading a Conditional rating is to address issues presented by the FMCSA and formally request a new rating. It is critical that companies document all procedures along the way as proof that they are taking steps in the right direction. If a company receives an Unsatisfactory rating – and they wish to remain in business – they’ll need to immediately create and implement a detailed corrective action plan and submit this plan to the FMCSA. They will then be closely scrutinized by the agency until they request and receive a safety rating upgrade. What Triggers a DOT Safety Audit? While safety audit notifications may seem surprising, they aren't necessarily random. The FMCSA tracks companies that have displayed elevated safety risks on the road. If any of your drivers have been involved in DOT-recordable accidents, your company has a poor CSA score, or any of your CMVs have failed DOT roadside inspections, your company has a higher risk of being audited. What are the Implications of a Poor Safety Rating? The FMCSA now permits auditors to issue Unsatisfactory and Conditional safety ratings during offsite audits. The agency made this allowable in the spring of 2020, but it has become standard practice since then. As a federally regulated motor carrier, you should know that a Conditional or Unsatisfactory designation can jeopardize your business. Recovering especially from an Unsatisfactory rating can be a long, challenging, and costly process. Or worse, it could result in you closing your doors for good. In order to reduce their chances of receiving a poor safety rating, federally regulated companies should take every possible step to prepare for offsite audits before they're selected for them. How Can You Maintain a Good Safety Rating? It's much easier for a business to maintain its current Satisfactory rating than to recover from the damage of a poor rating. To avoid slipping into a lower safety rating category, it's essential to always comply with FMCSA and DOT regulations; regularly maintain, inspect, and update equipment; and keep accurate and up-to-date DOT records. Motor vehicle report (MVR) monitoring can also play a major role in keeping you compliant. Foley's MVR monitoring program continuously monitors your drivers' records and sends alerts whenever new information is detected. This could be a DUI or other driving-related arrest, an accident, a medical certificate downgrade, a speeding ticket, or CDL suspension, revocation, or expiration. Companies are notified of positive changes as well, such as when a driver has renewed their CDL or medical certificate, for example. Foley’s MVR monitoring solution includes a dedicated online platform you can access from any mobile device. As soon as you receive an MVR notification, you can take immediate action. Essential CDL and medical card expiration dates are also tracked, ensuring your drivers have the correct credentials to operate. Lapses in these areas result in all-too-common FMCSA violations. MVR monitoring also fulfills your annual MVR report requirement by running new reports once per year for each of your driver’s files and performing annual violation reviews. Simply put, by keeping close tabs on drivers, you’ll be able to operate a safer fleet and maintain a strong safety rating – the ultimate secret to any federally regulated company's success. Interested in learning more about Foley’s MVR monitoring program and how we can help maintain (or improve) your safety rating? Click here or fill out the form below to schedule a free demo.

Are your vehicles and drivers ready for this year's CVSA roadside inspections? Starting today, May 14, 2024, through Thursday, inspectors across North America will be pulling over trucks for random roadside inspections as part of the Commercial Vehicle Safety Alliance’s annual Roadcheck campaign. The focus areas of this year’s event are tractor protection systems and alcohol and controlled substance possession. The Mission of CVSA International Roadcheck 2024 This year’s International Roadcheck serves as a reminder to companies with employees who drive to establish and strictly enforce anti-controlled substance and alcohol policies to prevent their use or possession in the workplace. In addition, by focusing on tractor protection systems, International Roadcheck 2024 aims to promote awareness of critically important vehicle components, such as the tractor protection valve, trailer supply valve, and anti-bleed-back valve, which is often overlooked during pre-trip inspections. What Will Roadcheck Inspections Involve? In most cases, inspectors will conduct a 37-point, Level One – North American Standard Inspection, which will look for both driver and vehicle safety requirements. This will include an inspection of the driver’s CDL, medical card, record of duty status (if required), seat belt usage, and vehicle inspection reports. It will also include a comprehensive look at components such as the vehicle’s brake systems, cargo securement, fuel systems, frames, exhaust systems, steering mechanisms, suspensions, tires, and windshield wipers. Common Reasons for Roadside Inspection Failures Last year there were 59,429 roadside inspections conducted as part of the CVSA International Roadcheck event, with 11,270 vehicles and 3,256 drivers put out of service. The top reasons these drivers and vehicles were put out of service were problems with a vehicle’s brake systems, tires and wheels, and cargo securement. For drivers, the top issues involved hours of service, having a canceled or revoked license, and false record of duty status. Last-Minute Roadcheck 2024 Preparation is Available Before your drivers head out on the road, it’s a good idea to check your vehicles and driver qualification documents one last time to ensure you’re operating compliantly. If you have any last-minute questions, please give us a call at (800) 253-5506 and one of our DOT compliance experts will be happy to assist you.

Most FMCSA-regulated business owners understand that drivers are required to take a pre-employment drug test. Although pre-employment drug testing is a relatively uncomplicated process, there are specific requirements that must be met. What is a DOT Pre-Employment (PE) Drug Test? This is the initial urine drug screen that should be given after you have decided to hire an applicant or re-hire a driver who previously worked for you. Who is Required to Take a DOT Pre-Employment Drug Test? Drivers are required to take a pre-employment drug test if they: Operate a vehicle with a Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) of at least 26,001 pounds Operate a vehicle that can transport at least 16 passengers, including the driver Transport hazardous materials that require placarding Newly hired drivers and returning drivers who have been excluded from a random drug and alcohol testing program for 30 days or longer must complete a pre-employment drug test before operating a commercial motor vehicle. This includes owner-operators and employees of family-run operations. When Does a DOT Pre-Employment Drug Test Have to be Completed? The drug test must be completed before a driver begins operating a commercial motor vehicle. This doesn’t mean a driver can go to a collection site, take the test, and immediately hop in a truck to start driving. Before they can legally drive, the entire testing process must be completed. In other words, the urine specimen must be sent to the laboratory and a verified negative result must be received first. After the drug test is completed, the driver must then be added to a random drug and alcohol testing pool within 30 days. Related Foley Article: What Drugs Will Disqualify You from Driving a CMV? Can a Pre-Employment Drug Test That Was Taken with a Different Company Be Used? Although there are circumstances in which previous drug test results can be used, there are complex stipulations and requirements that must be met to do so. We always recommend completing a new pre-employment drug test any time a driver is hired or rehired. Where Do You Go to Take a Pre-Employment Drug Test? Most DOT-qualified collection sites are walk-in medical centers. For example, Foley offers a network of collection sites located across the country to companies enrolled in our drug and alcohol testing program. What Happens if a Pre-Employment Drug Test Comes Back Positive? If a test produces a positive result, the driver may not begin operating for any company until the entire return-to-duty process is complete. Read more about the return-to-duty process and what it involves here. Keep in mind that the FMCSA Drug & Alcohol Clearinghouse makes it nearly impossible for drivers to apply at various companies without disclosing a past positive drug test result. What are the Consequences of Not Completing a Pre-Employment Drug Test? If, for whatever reason, a pre-employment drug test is overlooked, it must be completed as soon as possible. That being said, an incomplete DOT drug test can cause serious problems when an FMCSA audit occurs. In the case of a New Entrant Safety Audit, an incomplete pre-employment drug screen will result in an automatic failure. If it’s discovered during a Compliance Review, significant fines will be issued. Ensure Your DOT Pre-Employment Drug Testing Program is Accurate & Compliant The importance of pre-employment drug testing cannot be overstated. If you have questions or concerns, contact us here at Foley and our team of DOT compliance experts will walk you through the process. If you're ready to enroll your drivers in a DOT drug testing program to meet the latest federal regulations, request a free demo of our software solution that automates these complex requirements and makes it easier for your company to stay compliant.

The decision to leave behind your role as a company driver and start a trucking company isn't an easy one. If becoming an owner-operator was easy, everyone would do it. But even though getting your business started, complying with federal regulations, and putting in the long hours can be tough, there are many perks to starting a trucking company of your own.

How do you juggle rising insurance premiums, driver qualification files, FMCSA Clearinghouse queries, and other DOT compliance matters? To no one’s surprise, owning and operating a trucking company involves a lot of expensive investments. Insurance is one of the top five vehicle-based costs, according to the American Transportation Research Institute’s (ATRI) 2023 Operational Costs of Trucking report.

Our Roads, Our Safety® Week starts May 5, 2024, and encourages everyone to be aware of large vehicles on the roadways.

HARTFORD & NORTHUMBERLAND, May 1 – Foley and Keystone have built a strategic partnership, combining Foley’s industry-leading driver data software and DOT compliance programs with Keystone’s unique commercial insurance and risk management solutions for US companies with transportation sectors.

Stay up to date with the latest industry happenings, and see how DOT compliance services play a major in preparing for Roadcheck 2024 inspections. May is Motorcycle Safety Awareness Month and National Bicycle Safety Month. With temperatures on the rise, we'll soon see rising numbers of motorcyclists and bicyclists on the roadways. Reminding your drivers to be observant of those they share the road with and avoid driving distracted can save previous lives.

You can still pass a DOT physical and legally operate a commercial vehicle, even if you have been diagnosed with a health condition. Driving a commercial motor vehicle can be a physically demanding job. It not only requires long hours behind the wheel but also the ability to perform truck inspections, secure loads, and make adjustments to freight that may have shifted during transport. To ensure drivers can handle the demands of the job, all DOT-regulated drivers who operate a vehicle that weighs at least 10,000 pounds (GVWR/GCWR) are required to have a DOT physical once every two years. These physical exams are conducted by a certified medical examiner who reviews the driver’s medical history, discusses any medications they take, and performs a general physical exam to check for potential issues with the person’s eyes, heart, lungs, abdomen, spine, and other body systems. Read the full overview of the DOT Physical exam here. Finally, A Better Way to Manage DOT Physicals If the exam goes well, the examiner will issue a DOT medical card that is good for the next two years. In some cases, however, medical conditions are identified during the physical exam that disqualifies a driver from operating a commercial motor vehicle — or require more frequent monitoring. When a Medical Condition is Found During a DOT Physical: Four Things to Know The Medical Examiner Will Determine Whether You’re Qualified to Drive If a medical condition is identified during your DOT physical, the examiner has a decision to make: Is the condition serious enough to prevent you from resuming your driving duties, or does it simply require the right treatment? If it’s the latter, your medical examiner should discuss possible treatment options with you so that you can reverse or control the underlying issue and stay on the road. A Driver Disqualification May be Temporary Depending on the severity of your condition, the medical examiner might temporarily disqualify you from driving for a period of time. In this case, a reexamination would be required (perhaps in a few months) before a medical card could be issued. You Might Need to Apply for a Medical Exemption The FMCSA has identified certain conditions that disqualify drivers from operating CMVs. These include hypertension, respiratory dysfunction, diabetes, vision impairment, epilepsy, and mental disorders. If you have one of these conditions, and both you and your medical examiner believe that you’re well enough to drive, you can apply for one of the FMCSA’s Driver Exemption Programs. Once your application is submitted, you can expect a decision within 180 days. Missing or Impaired Limb? You’ll Need a Skill Performance Evaluation Certificate. If you have a missing or impaired limb and want to drive a CMV, you’ll need a Skill Performance Evaluation (SPE) Certificate. You’ll find an application on the FMCSA website, along with information on renewing a current SPE. A road test that proves your ability to safely operate your CMV is part of the application process. Pass DOT Physicals & Continue Operating Trucks Safely If concerns come up during your DOT physical examination, it’s best to discuss them honestly with your medical examiner, especially if they don’t intend to give you the clearance you need to drive. This can help you make the health decisions needed to get back on the road as quickly as possible. Remember, CVSA Roadcheck 2024 inspections are coming up in just two weeks. Inspectors will check to ensure drivers have valid medical certifications. Now is the time to review your drivers' DOT medical cards to verify they're not expired. Have questions about the DOT physical process? Talk to one of our DOT compliance experts today. Links to Related DOT Physical Articles in This Series: The DOT Physical: Everything You Need to Know DOT Physicals: Can Chiropractors and Other Doctors do DOT Physicals? DOT Physicals: Vision Requirements for the Eye Exam DOT Physicals: Can You Pass with a High BMI or While Overweight? DOT Physicals: Can I Get a DOT Physical in Any State? DOT Physicals: Can You Pass with a Hernia? DOT Physicals: Will I Pass with Diabetes? DOT Physical Blood Pressure: Requirements & Tips for Passing DOT Physicals: Can I Pass With Sleep Apnea? DOT Physicals: Do They Include a Drug Test? How to Prepare for Your DOT Physical? DOT Physicals: What Happens When You Fail? Fail a DOT Physical? You Have a Right to a Second Opinion DOT Physicals: Understanding Medical Variances