LCV Regulation Clarified-Again

Don't feel bad if this LCV Regulation stumps you. It stumps me at times too. Here is more clarification from our previous post.

Your experienced driver can teach and certify the skills portion. They could have written this regulation much better.

Any driver that has more than 2 years experience (with a similar type of vehicle) can teach and certify if they meet the requirements of 380.111(b).

A driver with less than 2 years experience can teach and certify if they have experience teaching the operation of an LCV within the last 2 years. That is the waiver in 380.303 (b). 

Essentially, A driver with more than 2 years experience can teach. A driver with less than 2 years can teach if they have taught. Figure out that logic.

You can use safetyasaservice.com to satisfy the classroom portion of the regulation and obtain the docs required.

LCV Skills Instructor Requirements Reg. Subpart Requirements 380.301 c Valid Class A Doubles/Triples Endorsement More Than 2 Years operating similar vehicle. 380.303 b Waived if: -1 Meets 380.111(b) -2 Operated a similar type of vehicle within the previous 2 Years -3 Has taught the operation of an LCV within the previous 2 years. 380.111 b An individual must certify that, during the 2-year period immediately preceding the date of application for a Certificate of Grandfathering, he/she had: -1 A valid Class A CDL with a “double/triple trailers” endorsement; -2 No more than one driver's license; -3 No suspension, revocation, or cancellation of his/her CDL; -4 No convictions for a major offense while operating a CMV as defined in § 383.51(b) of this subchapter; -5 No convictions for a railroad-highway grade crossing offense while operating a CMV as defined in § 383.51(d) of this subchapter; -6 No convictions for violating an out-of-service order as defined in § 383.51(e) of this subchapter; -7 No more than one conviction for a serious traffic violation, as defined in § 383.5 of this subchapter, while operating a CMV; and -8 No convictions for a violation of State or local law relating to motor vehicle traffic control arising in connection with any traffic crash while operating a CMV.

Bloodborne Pathogen Training

Bloodborne disease affects millions of Americans, and may do not know that they have a disease in their blood.  We have all heard of HIV and know that it is the disease that causes AIDS, but this is just one example of a bloodborne disease.  Hepatitis B is the most common bloodborne illness, and between 800,000 and 1.4 million people have this virus in the United States.  OSHA requires some employers to provide training on bloodborne illness, and Now Safety as a Service offers a quick and informative class on the subject.  Check it out at safetyasaservice.com 

Back and Spine Safety

According to the Bureau of labor statistics back injuries accounted for almost 19% of all work related injuries in the United States in 2012.  Workers with back injuries missed an average of 7 days of work due to their injury.  OSHA estimates that treatment of back injuries cost $50 billion annually.  The bottom line is that back injuries are not only frequent but costly to employers.  Make sure that you are discussing the importance of back safety with your employees.  Safety as a Service now offers an engaging course on the subject of back safety that provides tips on proper lifting techniques, and treatment methods.  Check the course out at www.safetyasaservice.com

Making a reasonable suspicion determination

Making a reasonable suspicion determination is never fun.  Make sure to document the date and time as well as the observed behavior or cause for the reasonable suspicion test.  Using a standardized form can ensure that all the correct steps are followed.  Approaching an employee who may be under the influence needs to be done in a way that shows concern for the employee. 

                 First and foremost do not show anger, and do not accuse the employee.  A positive drug or alcohol test can be a career ending event for a driver, and if you show anger towards the employee it could escalate the situation.  Let the employee know what you have observed (slurred speech, odor, motor skill problems) and ask if there could be another explanation for what you observed.  Tell the employee that they are going to be sent for a drug and/or alcohol test just to rule substances out as a possible cause. 

                Never have the employee drive themselves to the testing location, because if they cause an accident on the way the company could be liable for damages.  If you made the reasonable suspicion determination try to have someone else drive them to the testing site.  The employee will be less likely to get violent if they are not alone with the person who is having them sent for the test.  Remember that this you only have a suspicion that the employee is under the influence. 

                Sometimes suspicions can be wrong, so it is important that you are polite and respectful towards employees who are sent for reasonable suspicions. Being kind and professional saves face and avoids an awkward work relationship if the employee does not test positive.  Finally make sure that only supervisors that have taken a supervisor training course are making reasonable suspicion determinations.  Safety as aService offers an online training course for supervisors.