What is it?
CSA 2010 is a new regulatory system that will be fully implemented by mid-2011 and is designed to measure, track, and report driver and carrier safety. CSA stands for Comprehensive Safety Analysis and the program was created by and is managed by the Federal Motor Carrier Safety Administration or FMCSA. It replaces the SafeStat program. The goal of CSA 2010 is noble in shifting the focus of safety audits away from safety audits at carrier facilities (compliance reviews) in favor of many more road-side inspections of drivers and vehicles and a readily accessible database of results. Today, many good small and new carriers never receive a safety audit so are labeled "unrated". They have no rating to provide shippers and 3PLs a comfort level that they are safe operators, but are fully licensed, authorized and insured in accordance with FMCSA regulations. Furthermore only 2% of carriers receive compliance reviews in any year, so the ratings are not timely. With CSA 2010, not only will every carrier be evaluated, but every driver will be evaluated. While drivers do not have scores, carriers can elect to participate in a fee-based Pre-Employment Screening Program that will give the hiring carrier data on the driver including 5 years of crash data and 3 years of inspection data. This will give carriers far better information allowing them to avoid hiring unsafe drivers who leave one carrier today and essentially start with a clean slate at their new carrier. I do not intend to fully explain CSA 2010 but will provide links to articles I find informative and interesting. Fundamentally, CSA 2010 roadside inspections will focus on 7 categories (unsafe driving, fatigued driving – hours of service, driver fitness, alcohol and controlled substances, vehicle maintenance, cargo related, and crash indicator). These 7 areas are called BASIC, or Behavior Analysis and Safety Improvement Categories because no government program is complete without the creation of numerous new acronyms. The Carrier Safety Measurement System (CSMS) score will replace the SafeStat score.
Carriers will have great visibility into specific data within the CSA 2010 database. Beginning in December 2010, shippers will have access to carrier specific CSMS data in much the same way SafeStat data is available today. The score related to crash indicator will likely not be available because even crashes where the driver is not at fault are included. Each carrier will receive a CSMS for each BASIC which will be stated as a percentile indicating the percent of carriers of a similar size that are better on each particular measure. For example as score of 30 means that 30 percent of all carriers have better scores than the subject carrier, so the lower the score the better. The CSMS for every carrier will be updated monthly.
Currently carriers are labeled as "satisfactory", "conditional" or "unsatisfactory". Nobody would, or at least should, use an unsatisfactory carrier and most shippers are quite squeamish about a conditional label, even though that FMCSA rating means that the carrier is still fit for service. Under CSA 2010 there are three new labels; "continue to operate", "marginal" and "unfit". The meanings are roughly comparable. Today the fitness determination follows a Compliance Review, but in the future the FMCSA plans to issue a rulemaking that will incorporate all of the data collected to arrive at a mathematically calculated fitness determination.
A big problem is that for each BASIC a carrier may be labeled as "marginal" or "deficient" based on arbitrary percentiles. For example, for the fatigued driving category, the bottom 35% of carriers in each peer group will be labeled "deficient" in that BASIC. With seven basics, experts expect 68% of all carriers will be labeled "deficient" in at least one BASIC. In comparison, far less than 1% of all motor carriers are determined unfit for service under current compliance reviews. The FMCSA is confusing the public by, on the one hand labeling a carrier as fit for service but on the other hand pejoratively describing the carrier as "marginal" in a critical safety measure.
Why should I care? What is the impact?
Many industry experts think that 5-10% of the TL driver force will be removed from the industry when CSA 2010 is fully implemented. Carriers will expose themselves to unacceptable liability by not utilizing the pre-employment screening option and unsafe drivers will thankfully be driven out of the industry. But with already expected TL capacity shortages in 2011, this will exacerbate the problem and could result in severe capacity shortages, rising TL prices, and challenging TL service levels.
There is no expected impact in the LTL industry, but intermodal and ocean drayage operators will likely be impacted.
TL drivers will be scrutinizing equipment and cargo conditions much more closely as they need to protect their own inspection record history. That means more drivers will refuse to pull a trailer if lights are out, tires are worn, or brakes are questionable. Drivers will also reject a load that is improperly secured or loaded. Intermodal drayage drivers will likewise be taking a hard look at containers and chassis before agreeing to pull a load.
The trial lawyers are probably licking their chops getting ready for CSA 2010. Today, if a carrier does not have a safety rating or has a conditional rating shippers and 3PLs will either not use that carrier or will look at the SafeStat score to see if the carrier has a record of safe driving. If the DOT wanted the carrier off the road they would have given the carrier an "unsatisfactory" rating. But under CSA 2010, if a carrier is "marginal" on one or more BASICs, what combination of CSMS scores is high enough to allow the shipper or 3PL to demonstrate that they have exercised appropriate due diligence in hiring a "safe" carrier. Will every state and every court have their own interpretation of what constitutes negligent entrustment? How can a shipper or 3PL be vicariously liable for using a carrier that the FMCSA confirms is licensed, insured, and authorized to operate?
CSA 2010 could lead more shippers to use 3PLs and high-quality brokers so that there is another layer of protection between the shipper and the party that is suing the carrier along with everyone close to the carrier. While brokers and 3PLs won't have a CSMS, shippers need to be diligent in choosing a 3PL or broker that is really on top of this issue, or there will be no added protection at all.
CSA 2010 will likely reduce highway truck accidents, which have been declining for years even without CSA 2010. There is no free lunch. The cost of moving freight will increase as a result of CSA 2010. How much? It is hard to say how much of the cost increase will be directly attributable to CSA 2010 and how much will be due to other factors causing the TL driver shortage. An over-the-road TL driver makes about $42,000 on average today and the job is terrible. Many people think, and I agree, that another $6,000 to $8,000 will be required to fill all the seats required to get freight delivered. That means an 8 to 10 cent per loaded mile increase in TL rates, and more in shorthaul markets where miles per driver are less. Those cost increases don't just apply to the incremental capacity brought into the industry but to all capacity in the industry.
CSA 2010 could greatly aid the FMCSA in getting unsafe drivers and carriers off the road by providing a better mechanism for identifying carriers that warrant enforcement actions. The mistake is subjecting the shipping public to needless liability. It is the duty of the FMCSA to determine which carriers are fit for use in interstate transportation. The FMSCA should not abdicate its responsibility and allow every state and every court and jury to determine what combination of CSMS scores are necessary to avoid vicarious liability damages when shippers and 3PLs use carriers the FMCSA has deemed fit for service.
What should I do?
Make sure you are getting good legal advice on what carriers you should and should not do business with and on your carrier contracting and record keeping.
Don't count on this posting as your bible on CSA 2010. Read about the topic and talk to knowledgeable people. Click here to access the FMCSA CSA 2010 web site.
Examine your trailer loading processes and your trailer inspection processes if you operate in a shipper-load environment.
CSA 2010 is not ready for prime time and will harm the motor carrier industry and the shipping public. A Motion to Postpone release of CSA 2010 CSMS data has been filed with the Agency. Send a letter supporting this motion to Ann S Ferro, Administrator; Federal Motor Carrier Safety Administration; U.S. Department of Transportation; 1200 New Jersey Avenue SE; Washington, DC 20590 ann.ferro@dot.gov.
The over-the-road TL sector of the industry will be hardest hit and faced with the highest price increases so examine your network strategy regarding how many DCs you use and where they are located to make sure you can take advantage of intermodal, dedicated fleets, multi-shipper dedicated fleets, and regional TL carriers where driver recruiting is less problematic.