January 23, 2007

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Headline News


EOBR NPRM Appears in Federal Register

FMCSA has proposed, through the Federal Register to amend the Federal Motor Carrier Safety Regulations to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured on or after the date 2 years following issuance of a final rule.  

Under the proposal, motor carriers that have demonstrated a history of serious noncompliance with the hours-of-service (HOS) rules would be subject to mandatory installation of EOBRs meeting the new performance standards. If FMCSA determined, based on HOS records reviewed during each of two compliance reviews conducted within a 2-year period, that a motor carrier had a 10 percent or greater violation rate (pattern of violations), FMCSA would issue the carrier an EOBR remedial directive. The motor carrier would be required to install EOBRs in all of its CMVs regardless of their date of manufacture and to use the devices for HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency's current requirements and could demonstrate to FMCSA that its drivers understand how to use the devices.  

By proposing this mandate, FMCSA believes that carriers using EOBRs under a remedial directive would significantly reduce and in some cases, virtually eliminate several types of HOS violations including driving time violations, form and manner violations and false-log violations.  

On-board hours-of-service recording devices meeting FMCSA's current requirements and voluntarily installed in CMVs manufactured before the implementation date of a final rule may continue to be used for the remainder of the service life of those CMVs.

Finally, FMCSA would encourage industry wide use of EOBRs by providing the following incentives for motor carriers to voluntarily use EOBRs in their CMVs:  

  1. Revising the Agency's compliance review procedures to permit examination of a random sample of drivers' records of duty status;
  2. Providing partial relief from HOS supporting documents requirements, if certain conditions are satisfied;
  3. Other potential incentives made possible by the inherent safety and driver health benefits of EOBR technology.

At this time, FMCSA is seeking comments on this proposed rule, specifically regarding other incentives for EOBR adoption. They are interested in identifying additional regulatory relief that a motor carrier’s EOBR use may justify, including relief from specific HOS requirements or limitations consistent with the safety and driver health benefits of EOBR technology.

Click here to review the EOBR NPRM as it appeared in the Federal Register.

Click here to review TCA’s original comments in response to the 2004 EOBR ANPRM

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EOBR Proposed Rule Draws Spectrum of Reactions

The Federal Motor Carrier Safety Administration’s (FMCSA) proposal to mandate electronic onboard recorders for motor carriers that violate hours-of-service rules has elicited a broad range of reactions from trucking stakeholders and safety groups.

Among the harshest critics was public-advocacy group Public Citizen, which called the proposed rule “a very weak standard.”

“Instead of mandating onboard recorders in all commercial trucks with a fair, across-the-board standard, FMCSA released a proposed rule that would require recorders only for trucking companies that have been caught significantly violating hours-of-service rules,” said Joan Claybrook, Public Citizen president. “These recorders should be mandated in an across-the-board standard that treats all companies equally.”

Public Citizen is deeply vested in hours-of-service (HOS) reform, since it led a lawsuit against FMCSA that resulted in the U.S. District Court of Appeals for the District of Columbia declaring the 2003 HOS “arbitrary and capricious” for not sufficiently considering its effect on driver health. The Court chided FMCSA for not including EOBRs in the 2003 rule.

The Canadian Trucking Alliance (CTA) has advocated for EOBRs to be mandatory on all trucks, with the choice of technology left to carriers. However, CTA used markedly softer language than Public Citizen.

“Our concern with making EOBRs mandatory only for repeat violators is that it holds those carriers of any size, who are more likely to cross a scale or to have an audit, to a higher standard than others,” said David Bradley, CTA CEO. “The sooner governments provide carriers that are already using EOBRs, or those who would be willing to adopt them, with meaningful incentives, the better will be compliance with hours-of-service rules and the more level the playing field will be for all.”

CTA noted that the EOBR rule “may have a relatively minor impact on Canadian carriers” given that compliance orders would be given “based on HOS violations found during an audit rather than in roadside inspections.”

By contrast with Public Citizen and CTA, the Owner-Operator Independent Drivers Assn. (OOIDA) does not appear to support any mandated installation of EOBRs, criticizing the proposal for being “long on Big Brother.” OOIDA called the rule “a misdirected attempt to deal with the root causes of hours-of-service violations.”

OOIDA said that the rule does nothing to alleviate the work conditions that pressure drivers into violating the rule to begin with: excessive loading and unloading time.

“The real hours issue related to fatigue…[is] the 30 to 40 more hours drivers spend each week on loading and unloading docks that will not be captured by these devices,” OOIDA said.

The Teamsters union has endorsed the rule, but said that it “will continue to negotiate language in future contracts that prevent the abuse of data collected by EOBRs.” Specifically, Teamsters is concerned that data used in any electronic tracking system could be used as grounds for disciplinary action against its members.

Perhaps the strongest backer of the FMCSA proposal was the American Trucking Assns., which said the rule was “a sensible approach to the greater implementation of technology designed to improve safety and document driver compliance with work and rest rules.”

“We support this incentive-based approach to the use of electronic onboard recorders,” said ATA president & CEO Gov. Bill Graves. Written by

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Are you in for the long haul? Better Communication Can Lead To Better Retention

“The pay was too low.”

“The time away from home was too great; and not what I was told it would be.”

“The company did a poor job of telling me about the business.”

“I wasn’t sure what my future would be and I felt it was just as easy to pick another carrier than stay with this one.”

These are the types of quotes trucking companies are hearing on a daily basis as more and more employees make a bolt for the door to work for a competitor. All of them point to a critical one-two combo deficiency: higher expectations from employees about what they will receive and miscommunication about the company’s goals and objectives.

Employee retention continues to be one of the most significant costs of managing a business in the trucking industry today – and there is no clear end in sight as the industry grapples with growth and a shrinking talent pool.

Consider that the American Trucking Association estimates 80 percent of all departures are due to employee dissatisfaction, and only 20 percent due to attrition and industry growth. Add to that the incredible cost of an employee loss, which brings expense of between $3,000 and $12,000 per driver, and the issue is not only too big to ignore but could be the difference in the fight to be profitable or even keep the doors open.

The retention issue is a complex one, and the reasons employees leave can often vary from individual to individual. So there isn’t one clear solution to eradicating turnover in the trucking business. No silver bullet will put this tough issue to rest. However, there are some simple, systematic steps every company can take to improve employee relations and have a positive impact on driving down employee departures.

Experience bears that those employers who focus on improved employee communication are more successful in retaining and growing their businesses. They also tend to be stronger financially, and better prepared for down turns in business. They realize having a well-informed employee base is critical to their long-term success. And they believe a well planned, and well-executed communication process can have an impact on building trust and in convincing talent to stay put.

But how does one go about being effective at communicating with employees? Where do you start and how do you institutionalize a process to ensure your employees remain engaged and connected to the business?

Most successful communication processes are built from three key cornerstones:

  1. Define the goals and objectives.
  2. Assess and know the audience.
  3. Review and determine the best vehicles to reach employees.

While the development of an effective communication plan is not rocket science, it does require a focus on these steps and a concerted effort by the employer. Here’s more about each cornerstone needed to build an effective effort….

First, define the goals and objectives…When it comes to driving better communication to impact retention, one obvious goal will be to reduce turnover by a set amount. As you develop a communication plan, come to grips with the goals you believe are attainable in the next 12 months – a reduction in turnover of 5 percent is a good starting point.

But defining the metrics are only part of the equation for goal setting. It’s important to know management’s view on turnover and how committed they are to making a change. And, you should consider what other issues might impact the messages you will develop. Has the company gone through any major changes of late, such as an acquisition or perhaps a reduction in force? How will those factors influence what you communicate to drivers and the tone in which you communicate?

As you are defining the goals, it is equally important to fully understand the culture of your organization. For instance, how does your company differentiate itself in the market? Why would this be a better place for drivers to work? Defining those differences will become additional key messages that you include and emphasize in subsequent communications to employee groups.

Second, assess and know the audience…To be effective in any communication effort you need to fully understand the attitudes and perceptions of the audience. Once you have that foundation, you can then begin to pinpoint what employees don’t understand or might be confused about. Your communication messages can then focus on clarifying and honing in on those misperceptions.

There are some wonderful tools at your disposal to gauge employee knowledge and understanding, including inexpensive on-line survey tools. Other useful tools include focus groups, one-on-one interviews and even results from exit interviews. In the area of focus groups, these can be extremely valuable in unearthing more detail and specific reasons behind employee behavior. And, with new technologies, such as web ex sessions, it is more cost-effective and easier to get groups of employees together to conduct detailed discussions on topics.

One of the mistakes organizations make is to assume why employees leave. These assumptions can sometimes evolve from comments heard from a vocal minority. But real research to understand perceptions will either validate those assumptions or help you see more clearly where a disconnect exists.

Third, review and determine the best vehicles to reach employees…. While many organizations will use some of the same vehicles to communicate with employees (email, newsletters, videos, group meetings, etc.) each company is different…and what works in one organization may not necessarily be the best approach for another company. So ask yourself, when communicating key messages in the past, what has worked best for your organization? What tools have you used to reach people and get a message through with the most impact at the least cost?

At the same time you are considering past techniques, take time to connect with other communication professionals who might bring new approaches to the table. For instance, electronic communication tools, such as eMagazines and eLearning devices, have been successfully deployed to help employees understand issues to a greater extent. You might want to mix some new approaches and efforts in with what has worked in the past to expand the impact of your effort.

One of the hottest new communication techniques in the market today is the use of personalized communication. You have at your fingertips a wealth of information and data about each of your employees – including pay, the value of the benefits programs, and other rewards that employees may not even be aware of. By summarizing all these values in one document, you can show an employee the tremendous value of employment – including the dollars that go beyond the paycheck. And, if branded properly, you can integrate messages in your personalized summary sheet that drive home the reasons why continued employment makes sense.

Will these type efforts thwart all turnover? Of course not, but a communication plan that clearly focuses on the goals, takes into account employee understanding, and applies tried-and-true approaches with new ones, will help set the course for better results. Recent studies state that a comprehensive communication effort can reduce turnover from 5 to as much as 25 percent. And that is welcome news for an industry overburdened with disgruntled and dismayed employees.

Donald R. Sanford is a Managing Director for Buck Consultants, an ACS Company. Buck is an international human resources consulting firm. Mr. Sanford serves as National Practice Leader for the Communication Line of Business within Buck and has worked extensively for many organizations throughout the United States on all types of corporate communication issues, including employee engagement and retention. For more information on Buck, visit www.buckconsultants.com, or write to Donald.Sanford@buckconsultants.com.

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Focusing on What Matters

What you focus on, you get more of. That goes for good things as well as the bad. That is why a Leader has to pay careful attention to focus and understand the implications of his or her actions. Remember, people are watching your every move to determine how they should act in similar situations. Your focus is contagious.

When developing company goals and objectives, it is important to focus on the items you want more of. We don’t want to reduce accidents; we want to increase accident-free operations. We don’t want to reduce driver turnover; we want to improve driver retention. We don’t want to eliminate bad debt; we want to improve on-time payment and collections. The difference is subtle but very significant.

Look at the messages you are sending as a company and as a Leader. Are you constantly talking about, and therefore focusing on, what is wrong? Or are you focused on the desired outcome, what you want more of? Are you a forward-looking company or are you constantly reminding your people what they are doing wrong? It is much easier to focus on the problems, because they are obvious, and more difficult to focus on the solutions because they may not be so obvious yet. And when they do reveal themselves, they sometimes require difficult decisions to implement. Quite simply, it is easier to focus on the problem instead of the solution.

One of the problems with meetings in today’s business environment is that we spend a significant amount of time talking about what is wrong, casting blame for who was wrong, and often debating why they were wrong. Efficient and effective meetings establish the objective (identify the problem) and then spend the bulk of the meeting focusing on the solution. Leaders don’t let meetings get bogged down with the past. They keep their eye on the ball and the ball in front of you. Once the ball is past you, it is too late.

As a Leader, the challenge is simple: You must learn from the past, learn from what went wrong, and then let go of it. Focus on the solution, on what you want more of, on the desired outcome. The best companies in business today are forward thinking, but more importantly, they are forward focused and solution-oriented.

Providing a solution-oriented work environment provides your people with a target, a finish line. And as we have said many times before, race horses run harder when they have the finish line in sight. To turn your thoroughbreds loose, give them an objective to focus on, point them in the right direction, and let ‘em run!

Be a Leader every day!

Bill Webb is Senior Vice President at FFE Transportation Services, Inc., a publicly held refrigerated carrier based in Dallas, Texas. He is also the founder of The Blue Flame Project (www.theblueflameproject.com), a nationwide leadership initiative, and the author of the upcoming book “Igniting The Blue Flame: A Call to Leadership.” He speaks throughout the country on the issue of leadership.

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TCA Salutes Highway Angel Brian Brown, of Eskridge, Kansas

FOR IMMEDIATE RELEASE
January 19, 2007
Contact: Nancy O’Liddy, Director, Public Affairs
703/838-8859 or noliddy@truckload.org

Alexandria , VA, January 19, 2007 – The Truckload Carriers Association (TCA) recently recognized Brian “Brownie” Brown, of Eskridge, Kansas, as a Highway Angel for rescuing a woman trapped in a burning vehicle.

While traveling west on Highway 470 in Topeka, Kansas, Brown noticed an SUV about 300 yards ahead of him start to veer back and forth on the road. Suddenly, the vehicle took a hard right, flew off the road down an embankment, hitting trees in its path, until it crashed violently against some trees and burst into flames.

“I was caught in that moment when I wondered if I was going to sleep tonight if I didn’t stop,” said Brown. “I knew she was down there and no one else was around.”

Brown, who was driving a full fuel tanker, made sure he secured his rig safely off the road and put his flashers on before grabbing his fire extinguisher and running off to help. Another driver who had stopped yelled for Brown to call emergency on his cell phone. Brown said he remembered yelling back, “There’s no time for cell phones. Whoever’s in that car right now, we gotta get him out of there quick.”

Brown took off running, hoping the other driver would follow. After maneuvering through broken trees to get to the vehicle, Brown saw the female driver was unconscious, so he pounded on the passenger-side window, not knowing whether or not the woman was alive. Meanwhile flames engulfed the engine. Brown tried to “buy us some time” by using his extinguisher, “but every time I tried to extinguish the flames, they came back harder,” he said.

Fortunately, the other driver came to assist and while he pulled open the passenger door to try to remove the woman, Brown continued to attempt to extinguish the flames. Although she was conscious now, the woman couldn’t move her legs, making it difficult for the other gentleman to get her out alone. Brown finally threw down his extinguisher and went to help.

“That was the most terrifying part of it,” Brown said. “Flames were melting the metal, blowing fuel all over the hot exhaust. I smelled the fumes from the burned out plastic for two days after that.”

The two men quickly dragged the woman about 175 to 200 yards and then watched as the flames broke through the dash and enveloped the car. If we had sat down and made a phone call, she wouldn’t be here today,” Brown said.

Once the paramedics arrived, Brown gave them pertinent information and hurried back to his fuel tanker, which was located far enough from the scene but still was a concern to him. He knew, however, he had done the right thing in stopping.

“My wife was in a bad accident about a year ago, so when I saw that happen, I got goose bumps and I knew I had to help,” Brown said.

Brown received a Highway Angel lapel pin, certificate, and patch for his efforts, and his employer, United Petroleum Transports, also received a certificate for acknowledging a Highway Angel in their midst.

Since its inception in August 1997, the Highway Angel program has recognized hundreds of drivers for the unusual kindness, courtesy, and courage they have shown others while on the job. TCA has received letters and emails from people across the country nominating truck drivers for the program.

“We continue to be amazed by the number of professional truckers who go out of their way to help a stranger and many times put their lives at risk as well,” said Nancy O’Liddy, director of public affairs and marketing for TCA. “TCA is proud and delighted to offer the kind of program that gives these drivers the recognition and support they deserve while at the same time creates a greater public awareness and appreciation for the many outstanding drivers in this industry.”

To view archival copies of past Highway Angel press releases, visit our website address at www.truckload.org/pressroom/index.htm#angelnews
To nominate a driver online, go to www.truckload.org/highwayangels/nominate.asp. For more information on the program, contact TCA at 703/838-1950 or via email at Angel@truckload.org.

TCA is the only national trade association whose collective sole focus is the truckload segment of the motor carrier industry. The association represents dry van, refrigerated, flatbed, and intermodal container carriers operating in the 48 contiguous states as well as Alaska, Mexico, and Canada. Representing operators of over 200,000 trucks, which collectively produce annual revenue of over $20 billion, TCA is an organization tailored to specific truckload carrier needs.

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TCA is the only national trade association whose collective sole focus is the truckload segment of the motor carrier industry. The association represents dry van, refrigerated, flatbed, and intermodal container carriers operating in the 48 contiguous states as well as Alaska , Mexico , and Canada . Representing operators of over 200,000 trucks, which collectively produce an annual revenue of over $20 billion, TCA is an organization tailored to specific truckload carrier needs.