The Truth About Concrete Pumping Companies and CSA Performance

By Rob Edwards, Product Line Manager, Concrete Pumping at NBIS

In this industry, what many of us refer to as the heavy construction industry, there’s no debating that we’re different— especially when it comes to the type of equipment we’re operating on a daily basis. Most of the time concrete pumping companies and trucking companies can operate in their own worlds with no problems whatsoever. But sometimes those two worlds collide, just as they have with CSA. Whether you’re aware of it or not, the fact still remains: most concrete pumping companies are subject to the Federal Motor Carrier Safety Administration (FMCSA) regulations, which includes FMCSA interventions as a result of their CSA scores in the same way as trucking companies.

CSA
CSA, which stands for “Compliance, Safety, Accountability,” was rolled out in 2010 as a proactive initiative to improve the efficiency and effectiveness of the FMCSA’s enforcement and compliance program. The goal of CSA was and is “to achieve a greater reduction in large truck and bus crashes, injuries and fatalities, while maximizing the resources of FMCSA and its state partners.” However, just reading the definition and not digging into the details is a bit misleading, especially if you’re operating a concrete pump and not, say, a truck or a bus. Why? Because the definition of a Commercial Motor Vehicle (CMV) encompasses concrete pumps, and as a CMV operating in interstate commerce they are subject to the FMCSA’s regulations, thereby also making them subject to—you guessed it—CSA.

What this means is that any company that’s operating a concrete pump in interstate commerce is now required to follow all the rules and regulations that apply to commercial motor vehicles, including the need for its drivers to have a commercial driver’s license (CDL), be drug and alcohol tested, maintain logs, and keep maintenance records, as well as for employers to create and keep current driver qualification files.

FIVE THINGS YOU SHOULD BE DOING... RIGHT NOW.
What happens if you’re a concrete pumping company and your Safety Management System (SMS) BASIC scores exceed the FMCSA intervention threshold, or worse, a DOT investigator visits your office and wants to perform an audit? Well, it’s pretty much the same across the board for both trucking and concrete pumping companies—stern warnings, heavy fines and the possibility of your operation being shut down. But with a little bit of education and preparation, you can make sure you avoid all that.

Although this list is by no means exhaustive, here are five recordkeeping practices that you can follow to remain in compliance with the FMCSA regulations.

1. Maintain driver qualification files
This probably doesn’t come as a surprise, but the FMCSA regulations require motor carriers to maintain a driver qualification file for each driver you employ. The file must contain certain documents, both pre- and post-employment—like an annual driving record, an annual certificate of violations, a copy of his or her road test and an application for employment—that reflect the driver’s ability to safely and legally operate a commercial motor vehicle. There are a number of items that need to be in the file, so be sure to check the regulation, 49 CFR Part 391.51, for the complete list.

2. Controlled substance and alcohol testing
Drug and alcohol testing is another “no-brainer.” The FMCSA requires that drivers subject themselves to the commercial driver’s license requirements, and their employers follow alcohol and drug testing rules. These rules include procedures for testing, frequency of tests and substances tested for. Employees and previous employers need to answer questions regarding each driver’s previous employment D&A testing history. There are also a number of control and custody procedures that need to be followed, so be sure you know what those are as well.

A complete list of requirements for controlled substance and alcohol testing can be found in the regulation, 49 CFR Part 382.

3. Hours of service of commercial vehicle drivers
The Federal Motor Carrier Safety Regulations (FMCSRs) require all commercial vehicle drivers to maintain “records of duty status,” which are more commonly known within the industry as daily logs. It should be noted that there is an exception for drivers who operate primarily in local service. If they can meet certain criteria, they may operate on a simple time record rather than the daily log. To give you an idea of what the DOT is looking for, here are some items that will be checked during an audit of drivers’ logs. For a complete list, you should definitely check the regulation, 49 CFR Part 395.

Hours of service:

• 14-hour driving window

• 11-hour driving limit

• Thirty minute break

• 60/70-hour duty limit

• 34-hour restart

• Falsification

• Form and manner

4. Vehicle inspection, repair and maintenance
For this requirement, the DOT is looking for a current equipment list and maintenance files for every commercial vehicle you own or use. The file also needs to have a record of all repairs that have been performed. As well, you need to monitor your SAFER/SAFESTAT vehicle inspection record online and have a written preventative maintenance policy, including intervals for service. And while you’re at it, you should also keep and maintain:

• Roadside inspection copies maintained for 12 months

• Periodic inspections complete and current, and copy in/ on vehicle

• Daily vehicle inspection reports (DVIR) completed and on hand for the previous 90 days

Be sure to review the complete regulation, 49 CFR Part 396, to understand the full scope of this requirement.

5. Administrative requirements
Finally, there are several administrative items that need to be maintained by every motor carrier. These include, but are not limited to, such things as distinct vehicle markings (displaying your DOT number), maintaining an accident register, and entry-level training and LCV training. Many of these details can be found in the regulation, 49 CFR Parts 300-399.

CHECK YOUR SCORES
So, whether you’re a concrete pumping company or a trucking company, by understanding what’s expected of you, you’re much more likely to avoid the costly fines and overall headaches associated with being found out of compliance. It’s also a good idea to regularly check your SMS BASIC scores and SAFER information by visiting the SMS section of the FMCSA website.

For more information, and to check your CSA score, visit: http://csa.fmcsa.dot.gov/sms/


ADDITIONAL RESOURCES

NBIS has written a number of articles pertaining to regulatory compliance that help to explain the requirements further. Please see the following NBIS Risk Management articles for more information:

March 2014 – Do You Have the Right CDL License?

April 2014 – Do You Have the Right DQ IQ?

May 2014 – Drug & Alcohol Testing Requirements, Part I

June 2014 - Drug & Alcohol Testing Requirements, Part II

Additionally, please contact the NBIS Transportation Risk Management at (855) STS-NBIS ((855) 787-6247). Our team of experts will review these online resources with you and assist with developing an improvement plan to address each area of opportunity, thus helping you operate a safer and more profitable business.