Effective April 2010, FMCSA collects data and provides the PSP report on all U/S. CDL holders. Every mark made on inspection warnings/citations, crash reports, traffic violations, for carriers and the driver are entered into the new CSA2010 database, which spits out the BASIC’s reports. BASICS are a dub for Behavioral Analysis and Safety Improvement Categories. Your BASICS reports are called a Pre-Employment Screening Report ScoreCard (your safety rating). Here is a link to see some examples. The BASICS sections of the report are:
The enforcement goal of the driver data collection PSP Report is to target enforcement on individual drivers with serious violations, such as driving while disqualified, chronic hours of service violations, drug/alcohol violations, excessive crashes, out of service violations, load securement (yes flatbed drivers are going to have a tough go of it). The system will hold 24 months of citation and violation data on motor carriers and 36 months of violation data on drivers, and 5 years of crash data on the driver.
With this new program the FMCSA’s goal is to reduce crashes/fatalities/injuries involving commercial vehicles in the U.S. We don’t think anyone in the industry would disagree with this and The American Trucking Association has sought this type of system, rightfully so, for some time. As with any new, complex system for rating the safety of drivers and carriers, there will be inaccuracies in data that can and will result in good drivers being penalized by an inaccurate report.
The government calls this report a Pre-Employment Screening Report for a reason… they are about to regulate your trucking career in a very big way. If you score poorly, meaning high risk, your likely to get fired, bounced out of orientation, or passed over by recruiters, which is where our dispute service comes in. More on how we can help you here. But for now, lets try to under stand how these reports are produced and by whom.
A private company NIC Technologies, under government contract with the FMCSA, manages the FMCSA data. We obtained a copy of this contract between NIC Technologies and the government (FMCSA). Here is a link to the contract between NIC and the FMCSA.
It is interesting to note, under this contract, the government agency (Federal Motor Carrier Safety Association) has granted NIC Technologies Sovereign Immunity, which means NIC that they cannot be sued for any reason …namely, inaccurate data on your PSP Report.
You may be familiar with your DAC Report, which is produced by HireRight, a private company which is considered a reporting agency under FCRA (Fair Credit Reporting Act). DAC is frequently a target of lawsuits related to inaccurate or duplicate information on their reports. The government has taken these new PSP reports to a whole new level…now the private industry company, NIC Technologies that produces the reports, cannot be sued. Big brother (government) just seems to gets smarter, and more involved in our daily business.
So all this data from all these roadside inspections from DOT inspectors having both good and bad days, traffic citations issues by law enforcement operating in municipalities within states with different reporting procedures, go into this big data pool. The waters in this data pool are murky. One can only wonder how accurate all that data will be. We are already seeing inaccuracies in PSP reports. Here at www.CSA201FIX.com, We are disputing these reports on behalf of drivers.
• Dismissed traffic citations are not factored into your score. The FMCSA has not any means to track and account for dismissals in their scoring process. Whatever happened to the concept of due process of law? Take heart though, with our CSA2010 FIX service we can dispute a dismissal to remove the original citation from your report.
• Moving violation warnings from roadside inspection reports are counted on your CSA2010 report regardless of whether or not a citation was ultimately issued to the driver. Since these are merely warnings, there is no due process for drivers to challenge warning violations.
• Inconsistent state enforcement practices.
• Inspection reports containing inaccurately reported warnings and violations.
• Good inspection reports not being filed by inspectors and included as part of the driver’s score.
Drivers are treated significantly different from the carriers. Drivers will have 36 months of inspection violations and 60 months of crash data on their reports, updated every month. Crash and violation data on the carriers report will stay on for only 24 months from the month in which the violation or crash occurred. The driver’s data stays on the Carriers report subsequent to the driver leaving/terminated the carrier for a period of 24 months.
You can see that the driver is treated very differently from the carrier. Thus, it is in the interest of the carrier to terminate or avoid hiring a driver who’s report scores highly for risk, thereby reducing the carrier’s risk of FMCSA intervention which can come in the form of warning letters, onsite audit, and ultimately, placing the carrier out of service. In the June 29, 2010 House of Representatives Committee on Transportation hearing on the new FMCSA 2010 reporting system, Kevin Klein, Executive Vice President of Transport America expressed his concerns with FMCSA 2010 methodolgy, including “ measuring carriers based on violations committed by drivers who have since been terminated”, suggesting that a terminated driver’s scores be immediately removed from the carrier’s score. In short you can see that the driver is being treated very differently from the carriers and that carriers will push for changes in CSA 2010 methodology that will adversely affect the Drivers.
Since your safety record will affect the carrier’s bottom lines and ability to operate without government intervention, it should come as no surprise that employers will seek drivers with clean CSA Pre-employment Screening Reports. Because a driver’s inspection report is an indication of their future performance, carriers are not likely to be interested in hiring a driver with an unsafe history. It is only a matter of time before the insurance carriers will be pulling these reports, and as with the DAC Report, the insurance companies will begin to dictate driver criteria, directly impacting who gets hired and fired. We are already taking cases from drivers who have been terminated, refused employment and even pulled from orientation because of negative information on their CSA PSP Report. In one case, a driver had three OOS due to bad equipment (that a previous carrier refused to repair). The driver was in orientation and safety at CRST Malone sent an email to the recruiter directing him to pull the driver from orientation and terminate him. The recruiter forwarded the email over to the driver. Click here to view it…(drivers name is blacked out).
Educate yourself on CSA 2010 BASICS. Make sure you sign up for any training sessions your company might offer.
Pre-trip and post trip inspections are have always been required. You must do these now, each and every time. You may not know that 1/3 of all roadside inspections are due to vehicle defects and an officer can see when he passes you on the highway. Lights and tires are the most basic areas that will get you a violation. Another 1/3 of all inspections are due to speeding. Slow down, save fuel, be safe and keep you job.
Many suspect that the new Safety Measurement System will weed out small carriers with poor safety history. Unsafe drivers will be squeezed out through termination and increasing ineligibility for getting rehired by any carrier. There will be fewer drivers when potential employers see the records of drivers with bad PSP reports. Basic economics tells us that there will soon be fewer drivers pulling more loads with higher pay. Shouldn’t it be you? Safe drivers will be the key to the carrier’s success with CSA and they will only want to hire good, clean drivers.
You can start by ordering a copy of your report from us be clicking here CSA Pre-Employment Screening Report. Its only $49. You will receive a copy of the complete report with all BASICS sections and we will call you to go through the report and explain each section to you as part of the service. If there is negative information on the report that may have resulted from a bad inspection, dismissed ticket, inaccurate crash report, etc, you have the option to upgrade to our CSA2010 Fix Service for $240 where we will manage a dispute process on your behalf with the FMCSA.
Be proactive! These PSP reports will end a lot of good careers unnecessarily.