1. Module 6: Truck Driver Safety & Compliance: The Role of Shippers & Receivers
Complete Narration: “This is Module 6 of the North American Fatigue Management Program training series. This module is: Truck Driver Safety and Compliance; the Role of Shippers and Receivers.”
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Additional instructor note: This module focuses on trucking operations and does not specifically address motor coach operations, since most of the key issues do not relate to motor coaches.

2. Thanks for viewing this presentation!
Purposes:
Review the fundamentals of commercial driver fatigue, alertness, & health
Enlist shipper, receiver, & broker support for improved driver rest and Hours-of-Service compliance
Foster a team approach to commercial driver compliance, safety, & health
Complete Narration: “Thank you for taking the time to view this presentation. Our purposes are to:
Review the fundamentals of commercial driver fatigue, alertness, and health;
Enlist shipper, receiver, and broker support for improved driver rest and Hours-of-Service compliance; and to
Foster a team approach to commercial driver compliance, safety, & health.” _
Additional instructor note: Specific Knowledge, Skill, & Attitude (KSA) learning objectives include the following:
(K) Recognize fundamental driver sleep and rest needs.
(K) Recognize challenges CMV drivers face in obtaining good rest and in other health/wellness needs.
(K) Recognize critical role shippers and receivers play in relation to driver rest, alertness, and wellness.
(K) Identify specific shipper/receiver best practices in support of driver fatigue management.
(A) Accept positively shipper/receiver responsibilities in regard to treatment of CMV drivers.

3. Problems
CMV drivers face multiple fatigue management and related health challenges.
HOS compliance is essential.
CMV drivers often treated as the “elastic band in the supply chain link.”
This elevates crash risks and also leads to operational inefficiencies.
Complete Narration: “This module and the overall North American Fatigue Management Program has been developed in response to these problems:
Commercial motor vehicle drivers face multiple fatigue management and related health challenges.
Hours-of-service compliance is essential.
Unfortunately, CMV drivers are often treated as the “elastic band in the supply chain link.” In other words, drivers are often the ones who bear the consequences of delays and other inefficiencies in the system. This elevates crash risks and also leads to further operational inefficiencies.”
Additional instructor note: “Elastic band” quotation attributed to Don Osterberg, Schneider National, 2003.

4. North American Fatigue Management Program (NAFMP) Goals
Develop guidelines, materials and tools for motor carriers to reduce driver fatigue
Provide driver education & training
Facilitate medical screening and related support
Improve driver scheduling & dispatching
Fully involve all levels of company management, staff, drivers, and family members
Sensitize shippers, receivers, & brokers to driver fatigue concerns
Improve shipper, receiver, & broker practices relating to driver fatigue
Complete Narration: “In response to these problems, the NAFMP has multiple program goals. The last two listed here involve shippers, receivers and brokers. They are to sensitize shippers, receivers, and brokers to driver fatigue concerns; and to improve their practices relating to driver fatigue.”
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Additional instructor note: Larger and more progressive carriers may also employ fatigue management technologies, and may acquire computer-based training Learning Management Systems for their FMP training programs. Emphasize that most NAFMP goals are carrier-related, but that the shipper/receiver/broker-related goals are an important part.

5. Overview of NAFMP Training Program
Module
Audience
Module 1: FMP Introduction and Overview
Carrier Execs & Managers
Module 2: Safety Culture and Management Practices
Module 3: Driver Education
Drivers
Module 4: Driver Family Education
Driver Families
Module 5: Train-the-Trainer for Driver Education and Family Forum
Trainers
Module 6: Shippers and Receivers
Shippers & Receivers
Module 7: Motor Carrier Management Sleep Disorders Screening and Treatment
Module 8: Driver Sleep Disorders Screening and Treatment
Module 9: Driver Scheduling and Tools
Dispatchers & Managers
Module 10: Fatigue Monitoring and Management Technologies
Complete Narration: “This is Module 6 of a ten-module series. Other modules have been developed for motor carrier executives, managers, dispatchers, drivers, and driver families.”
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Additional instructor note: Again, emphasize that this is part of a comprehensive program to improve driver fatigue management.

6. Module 6 Overview Alertness, Sleep, Wellness, & Safety
Fatigue Basics
Alertness, Sleep, Wellness, & Safety
Fatigue-Related Crashes
Factors Affecting Alertness & Fatigue
Driver Rules & Challenges
Hours-of-Service (HOS) Rules
Drivers’ Fatigue Management Challenges
Fatigue Management Solutions
Transport Safety Team Concept
Industry Guidelines & Standards
Specific Best Practices
Drivers
Carriers
Fatigue
Management
Driver
Families
Shippers &
Receivers
Complete Narration: “The major topics we will discuss will include driver fatigue basics, driver rules and challenges, and fatigue management solutions.”
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Additional instructor note: Almost all of the material in Fatigue Basics and Driver Rules & Challenges is also covered in the Driver Education module. Much of it is covered in more detail there. As an instructor, you should be familiar with this material. Note, however, that Module 6 is designed primarily to promote attitude change.

7. Fatigue Basics
Complete Narration: “First we’ll cover the basics of driver fatigue. We’ll discuss Alertness, Sleep, Wellness, and Safety; Fatigue-Related Crashes; and Factors Affecting Alertness and Fatigue.”
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Additional instructor note: Specific learning objectives for this section include the following:
(K) Recognize definitions of alertness, fatigue, and wellness.
(K) Recognize importance of sleep, alertness, and wellness for CMV drivers.
(A) Value sleep, alertness, and wellness (for people and workers in general).
(K) Recognize characteristics of fatigue crashes.
(K/A) Recognize magnitude of fatigue crash problem for CMV drivers (in regard to fatal-to-the-driver crashes).
(K/A) Recognize the high cost of fatigue crashes.
(K) Recognize factors affecting alertness and performance
(K/A) Recognize “sensitivity” of human alertness, and how driver alertness and performance can be negatively affected through these mechanisms.

8. Alertness, Fatigue, & Wellness
What is alertness? Alert = awake + attentive
What is driver fatigue?
Decreased alertness, attention, and capacity to perform
Drowsiness or sleepiness
Not the same as physical exhaustion
What is wellness? Wellness = physical, mental, emotional, & behavioral health
Complete Narration:
“What do the words “alertness,” “fatigue,” and “wellness” really mean? To be alert is to be awake and attentive.
Driver fatigue is characterized by decreased alertness, attention, and capacity to perform. Another key feature is drowsiness or sleepiness. Driver fatigue is not the same as physical exhaustion. Physical fatigue does not strongly affect driving.
Driver wellness does affect driving, however. Wellness includes physical, mental, emotional, and behavioral health.”
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Additional instructor note: A key point is that driver fatigue is primarily drowsiness, and not primarily related to physical exertion.

9. Importance of Sleep, Alertness, & Wellness to Safety
Asleep-at-the-wheel is a top cause of crash deaths for CMV drivers
A serious at-fault crash can end a driver’s career
It can put a carrier out-of-business
Litigation may target all parties in the supply chain
Complete Narration: “Alertness and wellness are important for safety. Asleep-at-the-wheel is a top cause of crash deaths for commercial motor vehicle drivers. One serious at-fault crash can end a driver’s career. It can put a carrier out-of-business, and have negative consequences for everyone involved. Litigation may target all parties in the supply chain, including shippers and brokers.”
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Additional instructor note: Statement about asleep-at-the-wheel crashes is based on National Transportation Safety Board (NTSB) 1990 study, which will be discussed in more detail two slides over.

10. Fatigue-Related Crashes
Usually single-vehicle road departures
Driver alone
Peak risk: 2:00am to 7:00am
Usually serious crashes
Usually associated with insufficient sleep and/or long work hours
Complete Narration: “Most fatigue-related crashes are single-vehicle road departures where the driver is driving alone. Peak risk is between 2 and 7am, but they can occur any time. Fatigue-related crashes are often serious. Most are associated with insufficient sleep and/or long work hours.”
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Additional instructor note: These are typical characteristics. Not every fatigue-related crash fits these patterns.

11. Threat to Drivers
National Transportation Safety Board (NTSB) study of 182 fatal-to-the-driver large truck crashes
In-depth investigation revealed fatigue to be a principal cause in 31%
Speeding and other causes often contributed
Fatigue was the biggest single cause
In 2010, more than 500 U.S. truck drivers died in crashes
Complete Narration: “The National Transportation Safety Board (or NTSB) reconstructed 182 fatal-to-the-driver large truck crashes. Investigations revealed fatigue to be a principal cause in 31%. Speeding and other causes often contributed. But fatigue was the biggest single cause. In 2010, more than 500 U.S. truck drivers died in crashes.”
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Additional instructor note: Source: NTSB, In the study, 56 of 182 crashes (31%) had fatigue as a principal factor. See Module 3 for more statistics on fatigue-related crashes. This fatal-to-the-driver statistic is emphasized here because it relates directly to the people shippers and receivers interact with: drivers.

12. Fatigue Crash Costs
FMCSA estimates total societal cost of an average tractor-semitrailer crash to be $181,000
Compared to the average crash, truck driver fatigue crashes are:
Twice as likely to result in injuries
More than twice as severe overall
Therefore, average overall cost of a truck driver fatigue crash is likely to be > $350,000
Complete Narration: “These crashes are expensive. The Federal Motor Carrier Safety Administration estimates the total societal cost of an average tractor-semitrailer crash to be $181,000. Compared to the average crash, truck driver fatigue-related crashes are twice as likely to result in injuries, and more than twice as severe overall. Therefore, the average cost of a truck driver fatigue crash is likely to be greater than $350,000 in comprehensive costs, including human and material consequences.”
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Additional instructor note: Source for $181,000 estimate: FMCSA Analysis Division Large Truck and Bus Crash Facts. Publication FMCSA-RRA October, These costs (which apply to police-reported crashes) include vehicle costs, medical and EMS costs, delays, lost productivity, and lost quality of life. Extrapolation based on comparison of General Estimates System fatigue-related combination-unit truck crashes to all crashes.

13. Crash Litigation Catastrophic crashes often result in litigation
Shippers and brokers, especially those with “deep pockets,” may be brought into lawsuits by plaintiff attorneys
Testimony may address loading practices, treatment of drivers, delays, route or delivery requirements, etc.
Complete Narration: “Catastrophic crashes often result in litigation. Shippers and brokers, especially those with “deep pockets,” may be brought into lawsuits by plaintiff attorneys. In addition to addressing driver and carrier actions, testimony may address loading practices, treatment of drivers, delays, route or delivery requirements, or other shipper or broker actions.”
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Additional instructor note: You may be familiar with specific relevant cases; if so, cite examples.

14. Fatigue Factor: Amount of Sleep
Last main sleep period (e.g., last night)
Previous sleep periods (e.g., previous nights)
Naps
Complete Narration: “Driver alertness and fatigue is not just about hours of work or hours driving. HOS regulations give drivers the opportunity to receive adequate rest/sleep; however, Factors affecting fatigue include physiological as well as environmental factors. Sleep is the most obvious factor affecting alertness. This includes the amount of sleep from last night, from previous nights, and any naps taken.”
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Additional instructor note: The overall purpose of this slide and those that follow are to impart a general knowledge of fatigue factors so that participants will better appreciate driver needs. In addition to presenting this basic information on amount of sleep as a fatigue factor, you may want to discuss sleep debts and recovery sleep, concepts covered in Module 3 as well as other NAFMP) modules.

15. Cumulative, Progressive Effects of Different Amounts of Sleep on Performance
Complete Narration: “This graph shows the cumulative, progressive effects of different amounts of sleep on performance, based on a laboratory study. There were four groups. The top, blue line shows those who spent 9 hours in bed each night. As you can see, their performance remained steady and high across the 8 days. The pink line shows those permitted 7 hours in bed. They did pretty well, though there is a small decline. The next line shows those given 5 hours in bed; their performance showed a steady decline. The worst deterioration was among drivers given only 3 hours in bed each night. Notice that all the differences are progressive; that is, they got bigger and more pronounced with each passing day of insufficient sleep.”
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Additional instructor note: Balkin et al., This is a good example of a partial sleep deprivation study, where all subjects get some sleep but some get less than they need. Other studies show that any sleep in such studies is much better than no sleep. Performance measure was the Psychomotor Vigilance Test (PVT), a measure of visual attention which is frequently used in studies of alertness and fatigue.
Not everyone is used to interpreting graphs, so this slide may be difficult for some participants. If you are pressed for time, consider skipping the details of this slide. If covered, make sure participants understand key implications regarding the progressive effects of repeated sleep loss. As sleep deprivation (whether mild or severe) continues, sleep debts continue to grow and performance becomes worse.
Source: Balkin et al., Subjects were middle-aged commercial drivers. Performance measure was the Psychomotor Vigilance Test (PVT), a measure of visual attention which is frequently used in studies of alertness and fatigue.
10-hour off-duty rule allows drivers the opportunity to get 7-8 hours sleep daily.

16. Naps Extremely beneficial – best on-road countermeasure to drowsiness!
Even a short, 20-minute nap can greatly improve alertness and performance for hours afterwards
NASA study of airline pilots found that planned naps reduced subsequent dozing by 50% and errors by 34%
Complete Narration: “Ever hear the phrase “power nap?” Well, naps really are powerful! They are the best on-road countermeasure to drowsiness! Even a short, 20-minute nap can greatly improve alertness and performance for hours afterwards. NASA conducted a study of airline pilots flying across the Pacific. They found that planned naps reduced subsequent dozing by 50% and landing errors by 34%. If CMV drivers must wait to be loaded or unloaded, it greatly benefits them to try to take a nap.”
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Additional instructor note: NASA Study: Rosekind et al., If time permits, consider asking questions to stimulate a discussion of naps. How often do people nap? Do they find them beneficial?

17. Daily Circadian Rhythm
Physiological
Controlled by the brain
Virtually all animals
Resistant to change (e.g., jet lag)
Occur even if you get plenty of sleep
Affected by light & dark
Complete Narration: “Alertness varies sharply across the 24-hour day, due mainly to circadian rhythms. Circadian rhythms are physiological and controlled by the brain. Almost all animals have them, and they are resistant to change. That’s why you experience jet lag when you travel across time zones. Circadian rhythms occur even if you get plenty of sleep, but they are affected somewhat by light and dark. Bright lights help keep you awake and dark helps you relax and sleep.”
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Additional instructor note: You could relate this topic to the characteristics of fatigue crashes discussed earlier. Why do fatigue crashes peak between 2 and 7am? You might also ask participants how deep their afternoon circadian “dips” are.

18. Daily Circadian Rhythm
Complete Narration: “This graph gives you a general picture of the daily 24-hour circadian cycle. At hour zero, or midnight, alertness and arousal levels are falling, but won’t hit bottom until 4 or 5am. By 7am, alertness is rising rapidly toward a late morning peak. Early- to mid-afternoon sees a dip, but then alertness rises again in the evening. By 9 or 10pm, it is beginning to fall. Almost everyone follows this general pattern. Peak times are best for driving and working, while low times are best for sleeping Brokers and shippers might want to consider the effects of loading and trip schedules on driver sleep and alertness. Drivers are most alert during their circadian high periods, and best able to sleep during their circadian low periods.”
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Additional instructor note:
There are individual differences, and different physiological measures follow different patterns. This is the general pattern.
Peak alertness times include:
Mornings after 8am
Evenings
Valleys include:
Deep valley: early mornings before sunrise.
Shallow dip: early- to mid-afternoon (e.g., after lunch)
Source: Knipling, 2009.

19. Time Awake
“16-Hour Rule” – nature’s Hours-of-Service (HOS) rule
One study compared alertness effects of long times awake to that of alcohol (BAC):
17+ hours awake ≈ 0.05% BAC
24+ hours awake ≈ 0.10% BAC
16 HOURS
AWAKE
Complete Narration: “About how many hours are you awake each day before you start getting sleepy? For most people, it is about 16 hours. A sleep deprivation study compared alertness effects of long hours awake to those of drinking alcohol. Being awake for more than 17 hours was like a .05% Blood Alcohol Content on some tests. Being awake for 24 or more hours was like a .1% BAC, above the legal limit.”
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Additional instructor note: Study: Dawson and Reid, Note that, all things considered, alcohol is still generally riskier than drowsiness, even if alertness/performance levels are the same. Unlike fatigue, alcohol increases risk-taking and affects motor coordination in addition to affecting alertness.

20. Time Working & Driving
Studies show increased crash risks associated with longer hours driving
Longer working and driving hours also associated with excessive time awake
Trucks in Fatal Accidents (TIFA) study found the fatigue- related crash percentage increased 7-fold when drivers drove beyond their legal driving-hour limit
Complete Narration: “Alertness is also affected by time spent working and driving. Studies show increased crash risks associated with longer hours of driving. In addition, longer working and driving hours are associated with excessive time awake. That’s why there are daily working and driving limits. A Trucks in Fatal Accidents (TIFA) study found the fatigue-related crash percentage increased 7-fold when drivers drove beyond their legal driving-hour limit.”
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Additional instructor note: TIFA study: Campbell, The fatigue-related percentage was 1.6% during legal hours but 11.2% during illegal hours in which HOS limits were exceeded. It is probably not just the hours-of-driving per se causing this effect; drivers operating over-hours are also likely to be engaged in other unsafe activities and/or driving unsafe vehicles.

21. Other Factors Affecting Alertness
Individual differences in susceptibility
Traffic
Monotony
Weather conditions
Environmental stress (heat, noise, vibration)
Social interaction
Caffeine
Complete Narration: “A variety of other factors affect alertness. These include individual differences in fatigue susceptibility, traffic conditions, road monotony, weather conditions, environmental stress (such as heat, noise, and vibration), social interaction, and caffeine. The driver training module of this series discusses these in more detail.”
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Additional instructor note: These are listed here for completeness. Modules 3, 4, 7, and 8 all discuss individual differences in fatigue susceptibility. This is an important factor, but not highly relevant to this module.

22. Driver Rules & Challenges
Complete Narration: “This lesson reviews truck driver Hours-of-Service (HOS) rules, and discusses the many fatigue management challenges drivers face.”
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Additional instructor note:
Specific learning objectives for this section include the following:
(K) Recognize key U.S. and Canadian rules; e.g., tour-of-duty, driving hours, off-duty hours.
(K/A) Recognize and appreciate ways that HOS rules reduce driver fatigue and increase safety.
(K/A) Recognize and appreciate drivers’ general on-road challenges for sleep and alertness.
(K/A) Recognize and appreciate drivers’ rest parking challenges.
(K/A) Recognize and appreciate customer-related fatigue management challenges
(A) Respect drivers’ needs for alertness-friendly shipper/receiver practices.
(K/A) Recognize and appreciate special vulnerability of small carriers.

23. Key U.S. HOS Rules for Truck Drivers
14-hour “driving window”
11-hour driving limit
10-hour minimum off-duty period
10 continuous hours or
8-2 split in sleeper berth
Weekly limits; no driving after:
60 hours on-duty in 7 consecutive days
70 hours on-duty in 8 consecutive days
34-hour “restart”
Complete Narration: “Here’s a brief look at key U.S. Hours-of-Service rules for truck drivers. Daily driving must be within a 14-hour “driving window.” Daily driving is limited to 11 hours. Drivers must take 10 hours off, either 10 continuous hours or an 8-2 split in the sleeper berth. There are weekly limits of 60 hours on-duty in 7 consecutive days, or 70 hours in 8 consecutive days. Drivers may “restart” their weeks after 34 hours off. This brief review omits many details; see the regs or ask your carrier for more information.”
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Additional instructor note: The 14-hour tour-of-duty can be extended to 16 hours once weekly if drivers are off-duty afterwards. Violations of the 14-hour tour-of-duty rule are the most common driver Out-of-Service violation. The percentage of 14-hour or other rule violations related to detention delays is not known, although FMCSA is planning to study this problem. Source: GAO (2011).

24. Key Canadian HOS Rules Daily 16-hour “driving window”
Daily 14-hour work limit
Daily 13-hour driving limit
Daily 10-hour minimum off-duty period
8 continuous hours, plus 2 additional hours taken in periods of >30 minutes
More flexible 10-hour splits for team drivers.
Weekly limits:
70 hours in 7 consecutive days; 36-hour “restart”
120 hours in 14 consecutive days; 72-hour “restart”
Complete Narration: “Canadian rules are similar to those in the U.S., but there are some differences. There is a daily 16-hour “driving window.” There is also a daily 14-hour work limit. The daily driving limit is 13 hours. Also required is a 10-hour minimum off-duty period, which can be taken as 8 continuous hours, plus 2 additional hours taken in periods of 30 minutes or more. There are more flexible splits of the 10 hours for team drivers. Weekly limits are 70 hours in 7 consecutive days, with a 36-hour “restart” period. Alternatively a driver can work 120 hours in 14 consecutive days with a 72-hour “restart.””
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Additional instructor note: In the bullets, “Daily” can refer to a work shift extending across midnight; e.g., a 16-hour driving window beginning at 4pm and ending at 8am. More details on both U.S. and Canadian HOS rules are provided in Module 3. Be prepared to discuss and explain HOS rules, but try to avoid focusing on HOS compliance alone. Participants need to understand that HOS compliance is only part of fatigue management.

25. HOS as a Fatigue Countermeasure
HOS Compliance:
Affords drivers the opportunity for obtaining sufficient sleep and for other healthful behaviors.
10-hours off-duty  7-8 hours sleep
Tours-of-duty within nature’s “16 hours awake rule”
11-hour driving rule (13 in Canada) limits time driving
Weekly limits permit rest and recovery on days off
Complete Narration: “Hours-of-Service rules are necessary and, in many ways, effective. HOS compliance affords drivers the opportunity for obtaining sufficient sleep and for other healthful behaviors. Ten hours off-duty provides the opportunity for 7-to-8 hours nightly sleep, the amount most adults need. Tours-of-duty are within nature’s “16 hours awake rule.” The 11-hour driving rule (13 in Canada) limits time driving, and weekly limits permit rest and recovery on weekends. Further, most CMV drivers do not work or drive the maximum number of legal hours.”
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Additional instructor note: The points made here are intended to develop an attitude of support for HOS compliance, not just for legal reasons but for safety and health reasons.

26. Driver Fatigue Management Challenges (1 of 2)
Often a tight schedule for getting main sleep
Extended work hours (+ commuting for many)
Changing work schedules
Work/sleep periods conflict with circadian rhythms
Driving “windows” mean every minute counts
Complete Narration: “CMV drivers may face multiple fatigue management challenges. These may include a tight schedule for getting one’s main sleep, extended work hours (plus commuting time for many drivers), changing work schedules, and work and sleep periods which may conflict with circadian rhythms. Driving “windows” mean every minute counts.
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Additional instructor note: This slide and the next one list ten different fatigue management challenges that CMV may face. Not every item applies to every driver, but many drivers face most of these challenges in their jobs.

27. Driver Fatigue Management Challenges (2 of 2)
Unfamiliar or uncomfortable sleep locations
Disruptions of sleep
Limited opportunities for exercise
Difficulty in finding healthy foods on the road
Environmental stressors (e.g., noise, heat, cold, lack of ventilation)
Complete Narration: “Additional fatigue management challenges include unfamiliar or uncomfortable sleep locations, disruptions of sleep, limited opportunities for exercise, difficulty in finding healthy foods on the road, and environmental stressors like noise, heat, cold, and lack of ventilation. It’s tough to meet all these challenges.”

28. Truck Rest Parking: Availability & Quality
Percent of surveyed drivers answering “always” or “frequently”:
Find space at truck stop: 34%
Find space at public rest area: 11%
Facilities are adequate: 51%
Complete Narration: “Finding adequate rest parking is a daily challenge for many North American CMV drivers. One driver survey found that only 34% of drivers could “always” or “frequently” find a space at a truck stop. For public rest areas, that percentage was a dismal 11%. Only 51% said that the facilities they found were adequate. [INSERT FLY-IN] Even if the space is adequate, getting quality sleep may be difficult. Most truck ventilation systems require vehicle idling, which more and more parking locations are restricting.”
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Additional instructor note: Survey results shown are from Chen et al., 2002.
Additional information: There is a huge nationwide shortage of truck parking near highways, particularly in the U.S. Northeast and Midwest. O
Trombly (2003) found that the supply of public rest parking for trucks was less than one-half the demand. Often, trucks have to park along highway ramps and shoulders. Even when drivers find a space, they likely feel unsafe there. In one survey (OOIDA, 1999), 85% of drivers expressed concerns about rest area thefts, assaults, prostitution, or other crimes.
+ Most truck ventilation systems require vehicle idling, which more and more locations are restricting

29. Customer-Related Fatigue Management Challenges
Limited access to parking & comfort facilities
Schedule pressure
Excessive loading/unloading delays
Complete Narration: “Customer-related fatigue management problems for drivers include limited access to parking and comfort facilities, schedule pressure, and excessive loading and unloading delays.”
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Additional instructor note: Each of these specific topics is addressed in slides that follow.

30. Limited Access to Parking & Comfort Facilities
Some shippers/receivers do not permit CMV drivers to take off-duty periods in their lots
This may force them to park on nearby shoulders and ramps
Some shippers/receivers do not allow drivers full access to comfort facilities (restrooms, lounges, and lunch rooms)
Complete Narration: “Driver access to parking and to comfort facilities may be limited. Some shippers and receivers do not permit CMV drivers to take off-duty periods in their lots. This may force them to park on nearby shoulders and ramps, or at other undesirable locations. Some shippers and receivers do not allow drivers full access to comfort facilities such as restrooms, lounges, and lunch rooms.”
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Additional instructor note: Shipper and receiver participants may take exception to the characterizations in this and other slides. If it can be done in a positive way, slides like this one might help to open a beneficial dialogue.

31. Schedule Pressure (1 of 2)
Delivery schedules can be set by shipper and receiver prior to broker, carrier, or driver involvement
Delivery deadlines can be based on unrealistic time estimates, or “best case scenarios”
Carrier must decide whether to accept tight schedule or forego the load
Shipper-carrier contracts may contain strict performance requirements, such as 98% or greater on-time deliveries; principals are hesitant to request revised deadlines
Complete Narration: “CMV drivers face considerable schedule pressure. Delivery schedules can be set by an agreement between a shipper sales person and receiver purchasing agent, prior to broker, carrier, or driver involvement. Deadlines can be often based on unrealistic time estimates, or “best case scenarios.” A carrier must decide whether to accept the tight schedule or forego the load. Shipper-carrier contracts may contain strict performance requirements, sometimes related to Just-in-Time deliveries. Principals are hesitant to request revised deadlines.”
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Additional instructor note: Partial source: FHWA OMC, 1998.

32. Schedule Pressure (2 of 2)
Stringent delivery requirements may incent unsafe driver actions such as:
Continuing to drive when fatigued
Violating HOS rules
Unsafe speed
Driver expected to be the “elastic band” in the supply chain
Problem exacerbated if shipper specifies shorter but slower travel route
Complete Narration: “Stringent delivery requirements may incent unsafe driver actions, such as continuing to drive when fatigued, violating HOS rules, or driving at unsafe speeds. The driver is expected to be the “elastic band” in the supply chain. The problem may be exacerbated if the shipper specifies a shorter but slower travel route.”
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Additional instructor note: “Elastic band” analogy may be a good starting point for discussion.

33. Excessive Loading/Unloading Delays (1 of 2)
Driver detention at shipper/receiver locations is a colossal problem
Annual costs estimated at $3 Billion per year for industry and $6.5 Billion for the overall economy
Lost driver time exacerbates the driver shortage
Most driver pay is by the mile, so lost time can lead to driver frustration and haste
Delays can lead to HOS violations, which puts carriers at-risk financially and legally
Complete Narration: “Excessive loading and unloading delays, known as driver detention, is a colossal problem in trucking. The annual costs of excessive delays are estimated at $3 Billion per year for industry and $6.5 Billion for the overall economy. Lost driver time exacerbates the driver shortage, further increasing costs. Most driver pay is by the mile, so lost time can lead to driver frustration and haste. Delays can lead to HOS violations, which puts carriers at-risk financially and legally. Excessive delays hurt everyone in the supply chain.”
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Additional instructor note: Cost estimates from Owner-Operator Independent Driver Association (OOIDA) website, citing FMCSA.

34. Excessive Loading/Unloading Delays (2 of 2)
U.S. Government Accountability Office (GAO) Study:
68% of surveyed drivers detained more than 2 hours in past month (some more than 8 hours!)
Of drivers detained:
80% said it affected their HOS compliance
65% lost revenue due to delay
Only 35% were compensated financially
Texas Transportation Institute:
True cost of truck delays = $80 to $121 per hour
Complete Narration: The U.S. Government Accountability Office has just completed a national study of driver detention. 68% of surveyed drivers had been detained for more than 2 hours at some time in the past month. Some had been detained for more than 8 hours! Of drivers detained, 80% said it affected their HOS compliance, 65% lost revenue, and only 35% were compensated financially. In a separate study, the Texas Transportation Institute estimated the true delay cost to be $80 to $121 per hour.”
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Additional instructor note: In the survey, most detained drivers had prior appointment times. Detention times measured from that time. GAO = Government Accountability Office. Sources: GAO (2011), Miao et al. (2011). TTI study based on traffic delays but would generally apply to detention delays as well.

35. Sources of Loading/Unloading Delays
Inadequate facility capacity or equipment
Product not ready for shipment
Slow service by facility staff
Scheduling practices or priorities; e.g., truck trailer used as supplemental warehouse
Other factors
Complete Narration: “Sources of loading and unloading delays include inadequate facility capacity or equipment, product not ready for shipment,
slow service by the facility staff, scheduling practices or priorities (such as when the truck trailer is used as supplemental warehouse), and other factors.”
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Additional instructor note: Source: GAO (2011).
Additional information: Example of scheduling practice/priority: Making refrigerated trailers wait because cargo is less perishable. “Other factors” may not be caused by the shipper/receiver; for example, there may be a problem with another truck.

36. Even Small Delays Can Have Big Consequences!
Delayed driver who runs out of work shift hours must take 10 hours off-duty before proceeding
Driver who runs out of weekly hours must take “weekend” (34 hours in the U.S., 36 or more in Canada) before re-starting
HOS violations count against both carriers & drivers
All parties are harmed: shippers, receivers, brokers, carriers, & drivers
Complete Narration: “Even small delays can have big consequences! A delayed driver who runs out of work shift hours must take 10 hours off-duty before proceeding. A driver who runs out of weekly hours must take a “weekend” (34 hours in the U.S., 36 or more in Canada) before re-starting. HOS violations count against both carriers and drivers. All parties are harmed: shippers, receivers, brokers, carriers, & drivers.”
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Additional instructor note: You may need to explain relevant U.S. and/or Canadian HOS rules, such as those limiting the daily tour-of-duty or “driving window.”

37. Most Vulnerable: Small & Independent Carriers
Less likely to:
Have established trip transit time standards
Charge detention fees
Have systematic procedures and/or technologies (e.g., EOBRs) to address problem
Less able to:
“Drop and hook” trailers
Adjust schedules (e.g., switch dispatches)
Absorb $ losses
Complete Narration: “Small and independent motor carriers are most vulnerable. These carriers are less likely to have established trip transit time standards, are less likely to charge detention fees, and are less likely to have systematic procedures and/or technologies (such as Electronic Onboard Recorders) to address the problem. They are also less able to “drop and hook” trailers, adjust schedules (such as switching dispatches), and absorb financial losses.”
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Additional instructor note: A Transportation Research Board synthesis study of Safety Management in Small Motor Carriers (Knipling & Nelson, 2011) provides more information on the shipper/receiver-related problems of small companies.

38. Fatigue Management Solutions
Complete Narration: “What are some solutions? In this lesson, we’ll introduce the transport safety team concept, review industry guidelines and standards, and suggest specific best practices.”
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Additional instructor note:
Specific learning objectives for this section include the following:
(A) Accept shipper/receiver membership in CMV transport “team” for compliance, productivity, safety, and health.
(K) Recognize best practices
(K) Recognize existence of industry standards and key specific provisions.
(K) Recognize concept and rationale of Australian Chain of Responsibility law
(K) Recognize possible regulatory and liability implications in the U.S. and Canada.
(K) Identify best shipper/receiver practices regarding trip schedules.
(K) Identify best shipper/receiver practices to reduce loading/unloading delays.
(K) Identify “driver-friendly” queuing practices.
(K) Recognize the benefits to drivers of having off-hour access to parking areas.
(A) Accept best practices as company goal.

39. Transport Safety Team Management Fatigue Drivers Carriers
Complete Narration: “Fatigue management starts with drivers, with FMP carriers providing active support.”
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Additional instructor note: This and the following two slides “build” the fatigue management team, including drivers, carriers, driver families, shippers, receivers, and brokers.

40. Transport Safety Team Management Fatigue Drivers Carriers Driver
Complete Narration: “Driver families are part of the team also. Sleep, rest, and healthful lifestyles have to be a family priority.”
Driver
Families

41. Transport Safety Team Management Carriers Fatigue Drivers Driver
Complete Narration: “Shippers, receivers, and brokers round out the team. Their policies and practices have a huge effect on driver wellness, safety, and ultimately on the whole supply chain and everyone involved.”
Driver
Families
Shippers,
Receivers,
& Brokers

42. TCA/NITL Code of Ethics
Established in early 2000s by the Truckload Carriers Association (TCA) and the National Industrial Transport League (NITL)
Voluntary guidelines (not a prescriptive standard or legal requirement)
29 shipper/receiver and 25 carrier/driver guidelines
Often incorporated by reference into carrier-shipper contracts
Has not solved all problems but has increased mutual understanding and cooperation
Complete Narration: “There are industry guidelines and standards. A “Code of Ethics” was established in the early 2000s by the Truckload Carriers Association (TCA) and the National Industrial Transport League (NITL). The Code consists of voluntary guidelines. It is not a prescriptive standard or legal requirement. There are 29 shipper/receiver and 25 carrier/driver guidelines. These guidelines are often incorporated by reference into carrier-shipper contracts. The Code has not solved all problems, but has increased mutual understanding and cooperation.”
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Additional instructor note: The entire Code of Ethics is included in the module references.

43. Selected TCA/NITL Guidelines for Shippers & Receivers
Cooperate with carrier in establishing reasonable transit time requirements so carriers can comply with driver HOS regulations and speed limits.
Provide for prompt loading/unloading of trucks that arrive within the scheduled time. Do not unreasonably refuse to reschedule appointments if circumstances change. Cooperate in loading/unloading trucks that arrive early or late or without an appointment.
Maintain reasonable hours for loading and unloading.
Provide drivers access to safe, clean, and well-lit restrooms, water and other comfort facilities.
Complete Narration: “Here are four of the 29 shipper/receiver guidelines in the agreement. Key phrases are highlighted here. These four provisions relate to reasonable transit time requirements, prompt loading and unloading, maintaining reasonable hours for loading and unloading, and providing drivers access to facilities.”
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Additional instructor note: The entire Code of Ethics is included in the module references.

44. Selected TCA/NITL Guidelines for Carriers & Drivers
Quote transit times that can clearly be achieved within driver HOS regulations and prevailing speed limits
Keep scheduled appointments or call ahead to request a changed appointment
Operate company in accordance with DOT safety, insurance, and other regulations to minimize risk to carrier, shipper, receiver, driver, and public
Give clear instructions to drivers as to service and contract requirements expected by shippers and receivers
Complete Narration: “The Code is a two-way street. The guidelines state 25 best practices for carriers and their drivers. Here are four of them. We have again highlighted key phrases. They include guidelines relating to achievable transit times, keeping scheduled appointments, operating in accordance with all safety regulations, and giving clear instructions to drivers as to service and contract requirements.”
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Additional instructor note: The entire Code of Ethics is included in the module references. Carrier & driver guidelines are included in this module to reinforce the idea that the guidelines are a “two-way street,”

45. Chain of Responsibility?
Drivers and carriers principally responsible for HOS compliance or non-compliance
Receivers, shippers, and brokers may also contribute by their policies and actions
Australia has implemented a “Chain of Responsibility” principle into law: All who bear responsibility for conduct which affects compliance should be made accountable for failure to discharge that responsibility
Complete Narration: “Is there a chain of responsibility? Drivers and carriers are principally responsible for HOS compliance or non-compliance.
Receivers, shippers, and brokers may also contribute to these outcomes by their policies and actions. Australia has implemented a “Chain of Responsibility” principle into law: All who bear responsibility for conduct which affects compliance should be made accountable for failure to discharge that responsibility.”
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Additional instructor note: Sources: FHWA OMC (1998), Moore (2007). In the Australian law, a responsible person is defined as “any person having, at a relevant time, a role or responsibilities associated with road transport.” This includes vehicle drivers, carriers, shippers, receivers, consigners, loaders, weighbridge operators, equipment vendors, and third-party auditors. According to Australian officials (Moore, 2007), “there is good evidence that the Chain of Responsibility message is already having a positive impact on many transport customers, who are reviewing their loading and unloading practices and even, in some cases, refusing to pay for freight delivered in excess of the legal payload.”

46. Canadian Regulation Regarding Shipper/Receiver Responsibilities
HOS Section 4d: No motor carrier, shipper, consignee or other person shall request, require or allow a driver to drive and no driver shall drive if the driver would not be in compliance with these [HOS] Regulations.
Complete Narration: “Canada also has a regulation regarding shipper and receiver responsibilities. HOS Section 4d specifies that No motor carrier, shipper, consignee or other person shall request, require or allow a driver to drive, and no driver shall drive if the driver would not be in compliance with these HOS Regulations.”
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Additional instructor note: Currently there is no comparable U.S. law.

47. Vicarious Liability: Potential Concern for Shippers & Brokers
Plaintiff attorneys could attempt to hold shippers and brokers liable for truck crash damages.
Vicarious liability: legal doctrine that potentially “places responsibility with one person for the failure of another, with whom the person has a special relationship “
Even successful legal defenses can be extremely expensive.
Complete Narration: “The U.S. currently has no similar regulation regarding HOS-related shipper and receiver responsibilities. Yet shippers and brokers in both the U.S. and Canada could face potential tort liability risks for their actions, however. Plaintiff attorneys could attempt to hold shippers and brokers liable for truck crash damages if they believe that schedule demands, detention, or other actions contributed to a crash. Vicarious liability is the legal doctrine that potentially “places responsibility with one person for the failure of another, with whom the person has a special relationship.” Such lawsuits are rare and usually unsuccessful, but even unsuccessful law suits can be extremely expensive. Better to avoid any actions that might create this type of legal exposure.”
________________
Additional instructor note: A Transport Topics article dated February 27, 2012 (Overman, 2012) discusses the concept of vicarious liability in more detail and describes a 2011 court ruling against a large broker. The case related to the selection of a carrier rather than shipper/broker HOS-related actions, but it illustrated the potential risks of vicarious liability for shippers and brokers.

48. Pending U.S. Legislation
H.R. 756, introduced in the House of Representatives on Feb. 17, 2011, directs the Secretary of Transportation to:
Study the detention of commercial drivers by shippers and receivers
Prescribe maximum hours a driver can be detained without compensation
Prescribe penalties for violations
Complete Narration: “Relating to driver detention, legislation has been introduced in the U.S. House of Representatives directing the Secretary of Transportation to study the detention of commercial drivers by shippers and receivers; prescribe the maximum hours a driver can be detained without compensation; and prescribe penalties for violations. This legislation may or may not become law. The fact that it has been introduced speaks to the seriousness of the problem.”
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Additional instructor note: This legislation may not pass in the near future, but it demonstrates congressional and national concern about the problem.

49. Realistic Trip Schedules
Start with better communication among all parties
Pre-set standard and acceptable delivery times when possible
Cut some slack! Unexpected delays should be expected!
If loading is delayed, delivery will likely be delayed; perhaps by >10 hours
Travel routes should maximize use of Interstates and other freeways
Complete Narration: “Apart from the regulations, let’s summarize some shipper and receiver best practices, starting with realistic trip schedules. Realistic trip schedules start with better communication among all parties in setting delivery schedules. This includes shippers, receivers, brokers, carriers, dispatchers, and drivers. Pre-set standard and acceptable delivery times when possible. Cut some slack! Unexpected delays should be expected! If loading is delayed, delivery will likely be delayed, perhaps by more than 10 hours if the driver must take an off-duty period. Finally, travel routes should maximize use of Interstates and other freeways, while minimizing use of open-access, undivided, and high-traffic roads. Smaller and high-traffic roads have much higher crash rates.”
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Additional instructor note: Efficient travel is generally safe travel. Travel on Interstates in light-to-moderate traffic is associated with far lower crash rates than travel in heavy traffic and/or on undivided highways (Knipling, 2011).

50. Reduce Loading/Unloading Delays
Carrier manager survey: reducing loading/unloading delays rated most important of 17 safety-related operational practices
Both parties should respect appointment times and plan accordingly
Embrace two hours as the expected loading/unloading time
Detention fees for waits of more than two hours are becoming a standard practice
Consider physical upgrades to facility
Complete Narration: “In a recent survey of carrier managers, reducing loading and unloading delays was rated the most important of 17 safety-related operational practices by carrier safety managers. Loading and unloading delays can be reduced if both parties respect appointment times, and plan their operations accordingly. Embrace two hours as the expected loading or unloading time. Detention fees for waits of more than two hours are becoming a standard practice, even though most detention fees do not cover the true costs. Finally, consider physical upgrades to your facility if your freight volume is growing or already too much to handle efficiently.”
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Additional instructor note: Survey: Knipling (2011).

51. “Driver-Friendly” Queuing Practices
Most demoralizing: physical cues where drivers must be continuously ready, but without knowing when they are up
When possible, assign waiting drivers time slots so drivers may take sleeper berth periods, naps, or just rest
Don’t disturb drivers who are taking mandatory off-duty or sleeper berth periods
Allow drivers access to comfort facilities
Set and maintain loading/unloading standards
Complete Narration: “Try to make your queuing practices more “driver friendly.” Most demoralizing are physical cues where drivers must be continuously ready, but without knowing when they are up. When possible, assign waiting drivers time slots so that drivers may take sleeper berth periods, naps, or just rest. Don’t disturb drivers who are taking mandatory off-duty or sleeper berth periods. Allow drivers access to comfort facilities. Set and maintain loading and unloading standards for your employees.”
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Additional instructor note: To the extent possible, try to stimulate participant discussion about positive practices. Shipper/receiver participants may want to discuss practices they are proud of, and which have been well-received by drivers.

52. Off-Hour Parking Access
Appreciate the difficulties drivers face in finding places to park and sleep
Consider allowing off-hour parking access to yard areas
May require security changes
Combination-operated gate lock
Upgraded building security
Complete Narration: “Off-hour parking access may not be possible at all facilities. But try to appreciate the difficulties drivers face in finding places to park and sleep. Consider allowing them off-hour parking access to yard areas. This may require security changes such as a combination-operated gate lock or upgraded building security.”
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Additional instructor note: As suggested by this slide, there may be specific obstacles to off-hour parking access such as security concerns.

53. Conclusion
Complete Narration: “This concludes our module. We have seen that shippers, receivers, & brokers are commercial drivers’ “on-road families.” They play a huge role in driver fatigue management. They share the benefits of safe and compliant transport operations.
And they are critical members of the Transport Safety Team. Thank you for viewing this presentation!”
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Additional instructor note: If the general reaction of your audience has been positive, consider having a discussion of changes and improvements to specific shipper/receiver practices, and perhaps changes carriers and drivers need to make as well.