Cargo Securement Regulations

This week's Safety Bulletin we discuss the new FMCSA updates for medical examiners, motor vehicle record review requirements, and more ! Read the full safety bulletin here and subscribe to receive future safety bulletins straight to your inbox.  

In this issue:

• Motor Vehicle Record Review Requirements
• FMCSA Updates Guidance for Medical Examiners
• FMCSA Proposes Removing Medical Examiners from National Registry

Ensuring the safety of transported goods is paramount to prevent accidents and injuries. All items carried on a truck, from general cargo to equipment essential for operations, must be appropriately secured to avoid potential hazards.

1. Familiarize yourself with regulations: Cargo securement standards outline the minimum safety requirements for various commodities. Obtain these regulations at no cost from the FMCSA in the U.S. or the Canadian Council of Motor Transport Administrators in Canada.
2. Refer to Illustrated Handbook: Invest in a comprehensive cargo securement handbook containing regulations from the U.S. and Canada. "Practical Cargo Securement: Guidelines for Drivers, Carriers & Shippers" from CVSA is an excellent reference.
3. Driver's Handbook Access: Download the Driver's Handbook on Cargo Securement and distribute copies to your drivers. Incorporate relevant sections into your company's Driver's policy and procedures manual. Access the handbook at Driver's Handbook on Cargo Securement
4. Secure all Equipment and Load: Improper securement of equipment and cargo is a common violation. Ensure proper fastening of items like dunnage, tarps, blocks, chains, and other tie-downs.
5. Tie-downs Inspection: Regularly inspect tie-downs for wear and damage. CVSA's North American Standard Out-of-Service Criteria provides guidelines for identifying defects. Discard worn-out tie-downs promptly.
6. Brace and Block Cargo: Proper bracing and blocking of cargo within trailers prevent shifting, which can lead to accidents and equipment damage. Shifted loads indicate violations affecting safety ratings.
7. Adopt Best Practices: Follow established best practices for cargo securement, especially for unique shipments. Ensure proper containment, immobilization, or securing of the load to maintain vehicle stability and maneuverability. Consider hiring professionals for specialized vehicle loading if necessary.
8. Access Regulations Online: Access FMCSA cargo securement regulations at FMCSA Cargo Securement Regulations

Adhering to cargo securement guidelines enhances safety and minimizes risks during transportation operations.

FMCSA Proposes Removing Medical Examiners from National Registry

The Federal Motor Carrier Safety Administration (FMCSA) proposes removing approximately 15,727 Medical Examiners from the National Registry of Certified Medical Examiners. This action is due to their failure to access their National Registry account using login.gov and update the necessary profile information.

Medical Examiners (MEs) who have yet to utilize login.gov to access their National Registry account cannot report the results of physical qualification examinations for commercial motor vehicle (CMV) drivers, receive communications from the FMCSA, or fulfill required training obligations. Consequently, M.E.s removed from the National Registry will lose their certification to conduct physical qualification examinations for CMV drivers.

M.E.s are given until February 23, 2024, to create a login.gov account and ensure their contact information is updated in their National Registry profile. Please complete these actions by the specified date to avoid the removal of M.E.s from the National Registry effective February 26, 2024.

FMCSA Updates Guidance for Medical Examiners

The Federal Motor Carrier Safety Administration (FMCSA) has recently revised its guidance for Medical Examiners responsible for assessing the physical qualifications of commercial motor vehicle drivers. The latest Medical Examiner's Handbook edition details these updates.

Fundamental changes and clarifications to the guidance for Medical Examiners include:

• Clarification on the individual's right to receive a copy of the Medical Examination Report Form, MCSA–5875, regardless of who paid for or requested the examination. However, the guidance emphasizes that employers may obtain copies of the form with the employee's consent.
• Medical Examiners must retain copies of the Driver's physical qualification certificate, Form MCSA-5876, for at least three years from the date of examination and provide a copy to prospective or current employers upon request.
• Provision for drivers to seek a second opinion and physical qualification examination from another Medical Examiner, with the expectation that the same medical information will be provided to both examiners.
• Mandate for Medical Examiners to report examination results to the National Registry of Certified Medical Examiners, even if the examination is not completed.
• Clarification on the alternative vision standard applies if the worse eye cannot be corrected to meet the distant visual acuity standard with corrective lenses.
• Emphasis on excluding DOT-regulated drug and alcohol testing from the physical qualification examination, although it may be conducted concurrently for pre-employment or other authorized purposes.
• Recognition of federal law prohibiting the enforcement of requirements for screening, testing, or treating CMV operators for sleep disorders without proper rulemaking proceedings. The guidance provides considerations for Medical Examiners in assessing individuals for obstructive sleep apnea (OSA).
• Removal of the hypertension table from the handbook due to vagueness, with ongoing research to update the guidance based on future findings.
• Additional information is provided for Medical Examiners assessing individuals with non-insulin-treated diabetes mellitus, along with plans to introduce a new Non-Insulin-Treated Diabetes Mellitus Assessment Form pending approval from the Office of Management and Budget.

These revisions aim to enhance clarity and effectiveness in the medical qualification process for commercial motor vehicle drivers.

Motor Vehicle Record Review Requirements

Federal Motor Carrier Safety Regulations mandate that a motor carrier, when qualifying a new driver, must obtain and review the driver's motor vehicle record within 30 days of hire (CFR 391.23). As a best business practice, it is advisable to obtain and review the motor vehicle record before extending an offer of employment to the driver applicant.

Once the driver is qualified, regulations stipulate that the motor carrier must make inquiries into the driving record of each employed driver at least once every 12 months, covering the preceding 12 months. These inquiries should be made to the appropriate agency in every state where the driver held a commercial motor vehicle operator's license or permit during that period (CFR 391.25).

Effective January 30, 2015, when a driver renews a medical certification, the motor carrier must obtain a new motor vehicle record for the state of licensure with the medical certification information included.

To verify that a driver is physically qualified, the carrier must obtain a copy of the driver’s driving record and include it in the driver’s qualification file. It's important to note that in addition to the annual requirement to obtain and review each driver’s driving record, motor carriers must also ensure that the driver’s record contains valid and current medical certificate/card information. This entails obtaining a new driving record whenever a medical certificate/card is renewed and submitted to the driver licensing agency.

The timing of obtaining the new motor vehicle record reflecting the driver’s current medical status is crucial. Once the driver submits their medical certificate/card to the state licensing agency, the state has 10 days to enter this information into the driver’s driving record. During this period, the motor carrier must retain a copy of the driver’s medical certificate/card in the driver’s qualification file. Regulations permit the motor carrier to maintain this copy of the certificate/card as proof of medical qualification for a maximum of 15 days from the date it was issued.

The original motor vehicle record used to qualify the driver must be retained for the duration of employment and for 3 years after termination. Motor vehicle records obtained annually after hire can be purged from the files 3 years after the date of issuance.

*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standard.