The Federal Motor Carrier The Federal Motor Carrier Safety Administration and Safety Administration and

Hazardous Materials Hazardous Materials Regulations : How they apply Regulations : How they apply to You the Roofing Contractorto You the Roofing Contractor

Todd Olney, CDS, ARMTodd Olney, CDS, ARM

Zeigle Consulting Associates, Zeigle Consulting Associates, IncInc

FMCSA = DOTFMCSA = DOT

Established rules and regulations that Established rules and regulations that must be followed by all companies must be followed by all companies that operate vehicles over 10,001 that operate vehicles over 10,001 pounds in Interstate Commerce.pounds in Interstate Commerce.

It must be noted that most states It must be noted that most states have adopted the Federal standards have adopted the Federal standards for intra-state commerce with a few for intra-state commerce with a few exceptionsexceptions

Areas ControlledAreas Controlled

Financial ResponsibilityFinancial Responsibility Driver QualificationDriver Qualification Vehicle MaintenanceVehicle Maintenance Drug and Alcohol TestingDrug and Alcohol Testing Hours of ServiceHours of Service Hazardous Material Packaging and Hazardous Material Packaging and

TransportationTransportation

Financial Responsibility Financial Responsibility

Stipulates minimum levels of Stipulates minimum levels of insurance for general liability and insurance for general liability and cargocargo

Accident RecordkeepingAccident Recordkeeping

Must maintain an accident log for DOT Must maintain an accident log for DOT Recordable accidentsRecordable accidents

Must have supporting documentation Must have supporting documentation relating to the accidentrelating to the accident

Recordable accident = Recordable accident = FatalityFatality Vehicle TowedVehicle Towed Person taken from Person taken from scene to hospitalscene to hospital

Driver QualificationDriver Qualification

Proper license and EndorsementsProper license and Endorsements Medically QualifiedMedically Qualified Driver Qualification FileDriver Qualification File CMV privileges not suspended due to CMV privileges not suspended due to

poor driving performancepoor driving performance Not disqualified due to drug or Not disqualified due to drug or

alcohol violationsalcohol violations

Driver Qualifications FileDriver Qualifications File

Driver ApplicationDriver Application Copy of LicenseCopy of License Copy of Medical Card or Copy of Medical Card or

long formlong form Notification of driver rights Notification of driver rights

or rebuttalor rebuttal Road TestRoad Test Certificate of road testCertificate of road test Record of hours work for 7 Record of hours work for 7

days prior to hire datedays prior to hire date MVR for all states licensed MVR for all states licensed

in at time of hire and 3 in at time of hire and 3 years prioryears prior

Previous employment Previous employment verification for past 3 yrs verification for past 3 yrs for accidents and for accidents and drug/Alcohol testingdrug/Alcohol testing

Receipt for drug/alcohol Receipt for drug/alcohol educational infoeducational info

Pre-employment drug test Pre-employment drug test resultsresults

Haz-Mat Training CertHaz-Mat Training Cert

Annual review and MVRAnnual review and MVR Other Drug and Alcohol Other Drug and Alcohol

test resultstest results

Driver Qualification FilesDriver Qualification Files (continued)(continued)

These are confidential files and only those These are confidential files and only those that need to see the data should see it.that need to see the data should see it.

Regulations do stipulate that a Driver Regulations do stipulate that a Driver History Investigation file should be History Investigation file should be maintained that contains information maintained that contains information released by past employers and should only released by past employers and should only be seen by person making hiring decisions, be seen by person making hiring decisions, but in most cases the person with access to but in most cases the person with access to the files are those that make hiring the files are those that make hiring decisionsdecisions

Maintenance FilesMaintenance Files Every vehicle over Every vehicle over

10,001 pounds and 10,001 pounds and trailers must have a trailers must have a maintenance file.maintenance file.

This file must include This file must include the following:the following:

- Vehicle ID Number- Vehicle ID Number

- Company - Company DesignationDesignation

- Year, Make and - Year, Make and Model InformationModel Information

- Tire Size- Tire Size

Maintenance (Maintenance (continued)continued)

Must be able to track Must be able to track when annual when annual inspections are dueinspections are due

Must be able to track Must be able to track when periodic when periodic services are dueservices are due

Must contain Must contain documentation for documentation for repairs and service repairs and service made on vehiclemade on vehicle

Levels of MaintenanceLevels of Maintenance

Annual - State or Federal InspectionAnnual - State or Federal Inspection Periodic – Oil, lube and brake Periodic – Oil, lube and brake

inspectionsinspections Daily – Driver pre and post Trip Daily – Driver pre and post Trip

inspectionsinspections

Drug and Alcohol TestingDrug and Alcohol Testing

Required for Required for operators of all operators of all vehicles over vehicles over 26,001lbs and for 26,001lbs and for those that transport those that transport placarded placarded loads of loads of hazardous hazardous materials no matter materials no matter the size of the the size of the vehiclevehicle

Drug and Alcohol Drug and Alcohol RequirementsRequirements

Pre-employment- DrugPre-employment- Drug Random - Drug – 50% of driver poolRandom - Drug – 50% of driver pool

Alcohol – 10% of driver poolAlcohol – 10% of driver pool Post Accident – Drug and AlcoholPost Accident – Drug and Alcohol Reasonable Suspicion – Drug and AlcoholReasonable Suspicion – Drug and Alcohol Return to duty – Drug and AlcoholReturn to duty – Drug and Alcohol Follow-up – Drug and AlcoholFollow-up – Drug and Alcohol

Hours of Service RulesHours of Service Rules

Basic rulesBasic rules

- 11 hours of drive time- 11 hours of drive time

- 14 hour work period- 14 hour work period

After either of the above driver must After either of the above driver must have 10 hours off-duty to become have 10 hours off-duty to become qualified to driver againqualified to driver again

- 60 hr in 7 days or 70 hrs in 8 days- 60 hr in 7 days or 70 hrs in 8 days

Other rulesOther rules

100 air mile rule- if a driver stays 100 air mile rule- if a driver stays within a 100 air-mile radius of his within a 100 air-mile radius of his work reporting location and is on the work reporting location and is on the job for less than 12 consecutive job for less than 12 consecutive hours he does not have to complete hours he does not have to complete driver logs as long as he has 10 driver logs as long as he has 10 consecutive hours off-duty and a consecutive hours off-duty and a time card is maintainedtime card is maintained

More rulesMore rules

Short Haul Provision- Drivers of vehicles that Short Haul Provision- Drivers of vehicles that do not require CDL’s may work up to 14 do not require CDL’s may work up to 14 hours a day without logging and also may hours a day without logging and also may work up to 16 hours 2 days a week without work up to 16 hours 2 days a week without logging. Time card is still required as well as logging. Time card is still required as well as 10 hours off-duty between work periods10 hours off-duty between work periods

34 hour restart – Allows a driver to “0” out 34 hour restart – Allows a driver to “0” out the 60/70 hour clock after he has had 34 the 60/70 hour clock after he has had 34 consecutive hours off-dutyconsecutive hours off-duty

Transporting Hazardous Transporting Hazardous MaterialsMaterials

What is a hazardous MaterialWhat is a hazardous Material

Red Book Page 14Red Book Page 14

What is requiredWhat is required

Shipping PapersShipping Papers PlacardingPlacarding Proper PackagingProper Packaging Proper Markings and LabelingProper Markings and Labeling Employee Training ( every 3 years)Employee Training ( every 3 years) Hazardous Materials Security PlanHazardous Materials Security Plan

Key Numbers in Haz-MatKey Numbers in Haz-Mat

1,000 pounds – Placarding 1,000 pounds – Placarding

Pages 33-36Pages 33-36

440 pounds – Materials of Trade440 pounds – Materials of Trade

pages 29-31pages 29-31

TrainingTraining

General AwarenessGeneral Awareness Job SpecificJob Specific Security trainingSecurity training

TrainingTraining

For anyone that carries Haz-Mat, For anyone that carries Haz-Mat, placarded or notplacarded or not

For support personnel as well For support personnel as well (warehouse, billing, purchasing, (warehouse, billing, purchasing, supervisors, etc)supervisors, etc)