May 25, 2004

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Headline News


Conduct Better Demonstrations!

Does your school use demonstration as a teaching technique? If not you should – demonstration is an especially useful teaching method, however it is on that should be learned and practiced by teachers to provide the most value to students. Click here to brush up on how to conduct demonstrations.

How to Conduct Demonstrations

What is the technique?

Demonstration is a process where one person (you, as the instructor, or a trainee) does and explains something in the presence of others to illustrate a point and/or to show everyone how to perform an activity. The method is especially useful because: (1) Learners can see what happens; (2) Action holds learners’ attention; (3) Activity illustrates and depicts performance standards and procedures; (4) It reduces the potential time for later trial and error learning; and (5) Demonstration illustrates abstract points.

How do you use demonstration as a training technique?

While demonstration can be time consuming to plan and use and can imply simplification of the information under consideration, it provides for immediate application and discussion of information. Demonstration also provides for a real sense of accomplishment as trainees learn by doing as they practice and report the demonstration. The rules for using demonstrations are simple, yet critical:

1. Plan and rehearse the demonstration in advance and in its entirety to make sure that it works and that you have all the necessary materials.
2. Set the stage for the demonstration by introducing key concepts and explaining desired learner outcomes. And, always state the purpose or objective of the demonstration. Answer the question of why this is important to the life and work of the trainee.
3. Make certain the learner can see and hear the activity.
4. Demonstrate the process and explain it at the same time. First, do the process at full speed, and then slow down and perform the process correctly at a slower speed. Demonstrate your own craftsmanship, being thorough and never doing a “sloppy” job before your trainees.
5. Ask questions, provide feedback, and register important points throughout the demonstration. Invite learners to ask questions.
6. Recap the major steps and points at the end as a summary. Also, consider repeating parts of the process, showing correct and incorrect ways to do things.
7. Require learners to replicate, or “try out”, the activity following the demonstration, explaining to you (and each other) what they are doing as they perform the activity. Look for signs of confusion, and clarify the process. Coach trainees to correct behavior.
8. Explain and highlight safety issues; recap most important points.
9. Prepare and use a procedures task sheet so that the trainees can follow the rules and refer to the sheet at later times.

Remember:

Plan. Work students through the steps. Review. Have students practice.

Excerpt from “Student Course Book: Train-the-Trainer” published by Thomson Delmar Learning

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Entry Level Regulation Will Affect Carriers in July

In case you did not see TCA’s blast e-mail on Friday, May 21, 2004 TCA would like to remind you that the Federal Motor Carrier Safety Administration (FMCSA) issued the long-awaited Final Rule on the mandatory training requirements for entry-level operators of commercial motor vehicles (CMVs) who are required to hold or obtain a Commercial Driver’s License (CDL) in the May 21, 2004 Federal Register. In the Final Rule, the FMCSA is not requiring entry-level drivers to receive training in areas that are already covered in the CDL test. Instead, the required training covers the following four areas as proposed in the August 15, 2003 NPRM:

1) driver qualification requirements,
2) hours of service of drivers;
3) driver wellness; and
4) whistle blower protection.

The agency estimates that these four areas would require an additional combined 10 hours of training, but is not mandating a specified number of required training hours in the ruling. The FMCSA also points out that the rule allows the employer “considerable latitude” in determining what entity can provide the required training. Examples include the employer, a training school, or a class conducted by a consortium or association of employers. Other points of interest include:

o In §380.502(b), the definition of an entry-level driver has been changed in the final rule as follows: “... a driver with less than one year of experience operating a CMV with a CDL in interstate commerce;”

o The proposed “grandfathering” provision from the entry-level training requirements has been eliminated. This proposed provision would have “waived” certain drivers from the proposed entry-level training requirements if they had one year’s experience operating a CMV with a valid CDL with a “good driving record;”

o Evidence that a driver had received the entry-level training must be kept in the driver qualification file per §380.513. One minor change from the proposal is that the training certificate now must contain the name, address, and phone number of the training provider; and

o The effective date of this Final Rule is July 20, 2004. However, §380.500 provides a “grace period” for training for certain individuals as follows: “Each employer must ensure that each entry-level driver who first began operating a CMV between July 20, 2003, and October 18, 2004, has received the required training no later than October 18, 2004.

It should also be noted that with this ruling, the FMCSA has eliminated one more of the remaining regulatory initiatives that were part of the DOT lawsuit, in which they were mandated to issue five proposals in final rule form by specified deadlines. To date, the only remaining “DOT lawsuit rule” is on hazardous materials safety permits, which must be issued in Final Rule form before June 30, 2004. A copy of the May 21 Register Final Rule can be found by clicking here. For further questions or information contact Rich Clemente at (703) 838-8847 or email rclemente@truckload.org.

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Is the US - Mexican Border Secure for Trucks?

The U.S. Office of the Inspector General (OIG) announced on May 13 that it is conducting a follow-up audit, which will begin immediately, of safety inspectors and facilities at the United States-Mexico border. For the last several years, the Federal Motor Carrier Safety Administration (FMCSA) has attempted to open the border to Mexican and U.S. truck traffic. However, this effort -- a controversial provision of the North American Free Trade Agreement (NAFTA) -- has resulted in lawsuits, delay tactics and even Congressionally mandated reviews.

Congress requires the OIG to periodically review the agency’s border operations to make sure the FMCSA has hired and trained inspectors, provided inspection facilities, and developed safety procedures for Mexican carriers. Last year’s report, issued on May 16, 2003 stated that the agency had done most of what is necessary to meet these requirements, but this latest audit will investigate whether the FMCSA has continued to do so.

The primary objective of this latest audit will be to verify whether the FMCSA continues to have the staff, facilities, equipment and procedures in place to comply with the Section 350 provisions. Specifically, the OIG will address the following:

• Determine whether the states have adequate authority and procedures in place to take action against a Mexican-domiciled CMV operating without authority or beyond the scope of its authority. In two prior reports, the OIG pointed out a serious gap in the ability of state enforcement personnel to take action when they encounter a vehicle operating without authority. However, OIG reported that the FMCSA is committed to closing this gap. Their 2002 report noted that only two states had enacted legislation authorizing enforcement personnel to take action in this instance and in August 2002 the FMCSA issued an interim rule requiring state inspectors to place out-of-service CMVs operating without authority or beyond the scope of their authority. A 2003 survey, however, reported that 31 states had adopted the new operating authority rule;

• Identify any impediments preventing FMCSA personnel from conducting safety audits and compliance reviews in Mexico as required by Section 350.

In addition, the U.S. Supreme Court is expected to rule in June of this year on a lower court’s decision that delayed Mexican trucks operating beyond the current 20-mile commercial zone until a $1.8 million environmental review is completed.

For further information on the OIG’s latest report, contact Joe Come at (202) 366-0377.

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Unanswered Questions Surround FDA Rule, Comment Period Extended

The Food and Drug Administration (FDA) announced in the May 18, Federal Register, the reopening of the industry comment period on the prior notice interim final rule (IFR) that originally appeared in the October 10, 2003 Register. The comment period was extended until July 13, 2004. The prior notice IFR requires the submission to FDA of prior notice of food, including animal feed that is imported or offered for import into the U.S. In addition, in response to a request from the Government of Canada, FDA is extending the comment period for the “Joint FDA-CBP Plan for Increasing Integration and Assessing the Coordination of Prior Notice Timeframes” to July 13, 2004 as well. The request for comment on prior notice seeks input on integrating FDA and Customs and Border Protection (CBP) requirements, including access to CBP programs that facilitate movement into the U.S. from Canada and Mexico.

In the confusion surrounding this rule many trucking companies initially registered with the FDA under the provisions of the Bioterrorism Act of 2002. However under the current FDA regulations, trucks, trucking companies and truck terminals do not have to register. The FDA is currently working to determine how and who will be responsible for removing those trucking companies that registered from the registration system. TCA will keep you abreast of this process.

In addition, the two final rules on the remaining sections of the Bioterrorism Act -- Administrative Detention (Section 303) and Establishment and Maintenance of Records (Section 306) -- which were originally slated for release by the end of March, have yet to be issued in Final Rule form. The Administrative Detention proposal would require a detention order to be approved by the FDA District Director of the district where the detained article of food is located or a more senior official. A copy of the detention order would be given to the owner, operator, and/or agent in charge of the facility where the article of food is located, and to the owner of the food if different than those listed above. If FDA issues a detention order for an article of food located in a vehicle or other carrier used to transport the detained article of food, FDA would also have to provide a copy of the detention order to the shipper of record. The proposal would also require a detained article of food to be held in a secure location, as determined by FDA.

The Recordkeeping proposal is designed to help FDA track foods implicated in future emergencies, such as terrorism-related contamination. Manufacturers, processors, packers, distributors, receivers, holders and importers of food would be required to keep records identifying the immediate source from which they received the food, as well as, the immediate subsequent recipient, to whom they sent it. This requirement would apply to almost all foreign and domestic food sources and almost all recipients of food destined for consumption in the U.S.

A copy of the May 18 FDA Register notice can be found by clicking here for an HTML and here for a PDF. For questions or comments please contact Rich Clemente at (703) 838-8847 or by email: rclemente@truckload.org.

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Highway Bill Moves Forward

Late last week, the Senate appointed a list of 21 conferees on the Highway Bill (H.R. 3550 and S. 1072). The House on the other hand, will not appoint conferees until after the Memorial Day recess, most likely around the second week of June. The third and most recent extension of the TEA-21 Highway Bill is scheduled to expire on June 30, 2004.

While the House has already approved a $283.2 billion measure and the Senate has passed a $318.9 billion package, the White House has threatened to veto any bill that exceeds the $256 billion. The primary obstacle to date in moving a multi-year measure has centered over differences between the White House and Congress over how much money should be allocated over the six-year length of the bill. The White House wants to “cap” spending at the $256 billion limit.

TCA will keep you posted on developments with the Highway Bill as they occur. For a copy of the latest summary chart of the major provisions of both the House and Senate versions of the bills click here.

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