FMCSA Review audit

Discussion in 'Ask An Owner Operator' started by angela39, Jul 26, 2012.

  1. angela39

    angela39 Bobtail Member

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    Apr 20, 2011
    las vegas,nv
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    Had dot since 2007, had first FMCSA safety audit with a couple violations. I was told I would have to send something to them showing violation corrected which it was fixed before audit. I was also told that this was only review and didn't get a score for it. I was not told I would receive fines. 1. violation was failing to conduct random subtance testing at an annual rate, 2. was failing to conduct alcohol testing at annual rate., 3. was 2 out of 60 log violation driving over 11 hrs, and 4. was log violation 3 out of 60 log driving after 14 hr coming on duty. I was told there would only be fines if there was a certain percentage of violations and that I didn't reach that percentage, but I wanted to know if anyone else has experience with safety review audit and if anyone knows how the fines work.
    Would they have fined me on the spot or are they going to suprise me with a fine?
    Also was required this year by the us dot FMCSA to report drug and alcohol data for 2011 which I didn't have any to submit. Will they fine me for that as well? I did submit the form back showing that there was 0 submissions.

    Are there any more agencies left to audit me? This is my third audit by three different agencies in 1.5 years, I am really tired.
     
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  3. RickG

    RickG Road Train Member

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    Not complying with drug testing requirements is a serious violation . Don't you belong to a random test pool ? If you don't you'd better join one ASAP because yes , you probably be fined for that .
    The alcohol testing at an annual rate is a new one on me .
    What agencies besides FMCSA audited you ?
     
  4. wichris

    wichris Road Train Member

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    Any fines will be mailed. I'd be suprised if there wasn't any with the D/A violations.
     
  5. KANSAS TRANSIT

    KANSAS TRANSIT Road Train Member

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    Just curious are you talking single O/O, or are you a multi-truck fleet?
     
  6. HDFatboy

    HDFatboy Light Load Member

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    Sep 22, 2011
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    Sounds like you got your authority without all your ducks in a row. Search the forum or OOIDA's website they have a compliance packet listing all the requirements. Not being in a drug consortium is a major violation and could get your authority revoked
     
  7. fortycalglock

    fortycalglock Road Train Member

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    A small percentage, I believe 10%, of the drug test must also include alcohol testing. Apparently, the poster doesn't belong to a consortium, which they will pay far more in fines than the $100 a year OOIDA charges.

    I never had a safety audit myself, but I did have an IRP/IFTA audit, which wasn't fun. I guess the other type of audit could be the IRS.
     
  8. angela39

    angela39 Bobtail Member

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    Apr 20, 2011
    las vegas,nv
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    We do belong to a random test pool ,but didn't have one for 2011, we thought since we got rid of employees we didn't need it. When I got a letter requesting testing data from 2011, then we joined a new pool in March 2012. Just had safety review 7/25/12. Been audited by workers comp after we cancelled due to no employees, and a ifta audit by state of Nevada. I guess there is always an IRS audit:( but hopefully NO more audits!!!
     
  9. angela39

    angela39 Bobtail Member

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    Apr 20, 2011
    las vegas,nv
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    The safety agent that completed audit made it sound like the violations were critical not acute(most serious). And that we were not being rated which is good. I also thought she mentioned something about it affecting negative if it was 10% or more violations which we were under meet.

    When I asked about fines she acted like there wouldn't be or she didn't know. Seems like they would know, andSeem like they would tell us if there were fines involved?!
     
  10. wichris

    wichris Road Train Member

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    The auditer doesn't give the fines. You are over 10% on the D/A. If it was a compliance review you will get a rating.
     
  11. Rif Raf McQ

    Rif Raf McQ Light Load Member

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    May 9, 2012
    Lexington Park, Maryland
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    Random drug and alcohol testing can be done together
    As far as the logs the auditors want to see not only the violations but also what you are doing to correct the drivers when they do make mistakes. The company I work for presently gets audited every 6 months since we do so much work for the public schools.

    Keeps your drivers logs on file for 6 months no less, either buy a log book systems to keep track of them or make your own on microsoft excel. I had to make one for my company since the owner is a tightwad. The system needs to keep track of your logs and hours making sure drivers are filling the logs out correctly, sending the logs back to the drivers to have them correct mistakes. (You cannot make the corrections for them it has to be in their handwriting).

    Have a corrections sheet made up showing which drivers you sent the logs back to and reason and also auditors want to see what you are doing to correct those drivers that are repeat offenders making the same mistakes on the logs over and over again. They want to see things like what was done when you are noticing this driver making the same mistakes. Create a reprimand system and send it out to the drivers to inform them of this as well and keep a copy of this notice in your log book system. When this reprimand system is in place you need to show that you are using it by keeping records of which driver you have counseled or reprimanded, dates and times and drivers signature. This is a pain in the arse at first but it gets easier.

    As far as the auditors go most are nice but right to the point and will not divulge any information until they are done with the audit. With our company the auditors check everything from logs to paystubs, toll receipts meal receipts and they match them up to your logs to see if the drivers are being truthful. These auditors are highly trained to spot mistakes and repeat offenders.

    We've had our local drivers try and get over on us by filling out their logs in advance 1 driver filled out his logs a week in advance since he did the same runs every day but the auditor caught it. Driver thought he was slick by just turning in the log for that day even though in the book it was filled out for the week. Auditor gave the company a break and only fined the company $200.00 and said next time it will be much much more. So in our reprimand system we had to show that we gave the driver 2 days off without pay for this offense but didn't charge that driver the $200.00.

    If you have excel on your system I can probably send you the format via email if you like, not sure how many employees you have but my system is set up for 60+ drivers on a 8 day 70 hours system. It's a very basic setup and you would probably be better with a purchased program but if your operating costs are low like the most of us this excel system will work for any auditor.
     
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