Is DOT reportable and FMCSA reportable the same thing?

Discussion in 'Trucking Industry Regulations' started by adferrell1987, Aug 15, 2019.

  1. adferrell1987

    adferrell1987 Bobtail Member

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    About a year and a half ago, I made a stupid mistake and did not set my parking brake on my truck. Because I did not set the parking brake, the truck rode over me breaking my leg ( I know I'm lucky that's all it did). This took place at my company's yard, and I was taken away in an ambulance. When I pulled my PSP today, it does not list any FMCSA reportable accidents, leading me to ask the question in the title. So, are DOT reportable, and FMCSA reportable the same thing?
     
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  3. Powder Joints

    Powder Joints Subjective Prognosticator

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    Yes it would be, since it happened on the company lot it was probably only reported as a Workmans Comp claim, never had a accident report other than the company itself.
     
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  4. baha

    baha Road Train Member

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    If your still working at same co. you need to stay with them for a year or so? Workmans comp claims make a good co put app. in file 13(trash/can)?
     
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  5. adferrell1987

    adferrell1987 Bobtail Member

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    I have been with this company 20 months since the accident with no further incidents. A lesson learned hard is hard to forget
     
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  6. dibstr

    dibstr Road Train Member

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    A DOT/FMCSA reportable/recordable is the same thing. The incident you described is not an accident under the FMCSRs, as under the definition of accident in the FMCSRs the vehicle has to be operating on a highway in interstate or intrastate commerce to be an accident.
     
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  7. Powder Joints

    Powder Joints Subjective Prognosticator

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    This is not true, you do not legally need to tell a new employer anything about the workmans comp claim, this is medical and it makes it confidential. I had a shoulder injury requiring a year out of work and 2 surgeries, I never list it, this is medical, you have to remember that just because someone wants to know does not mean you have to tell them.

    As long as it does not present a problem with you performing your duties. You can pass the physical with no restrictions thats all they need to know.

    Companies like to tell you that its required information, well there policies do not make up the law, I worry about the law not some companies policies. For absolute answers contact a lawyer in your state because labor laws do vary from state to state.
     
  8. brian991219

    brian991219 Road Train Member

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    Yes, DOT and FMCSA are the same thing since the FMCSA is the Agency of the DOT charged with motor carrier safety.

    Your "accident" does not meet the definition of a DOT recordable accident as found in 380.5 because it did not happen on a public highway which is why nothing is on your PSP. It may be on your DAC (Hireright) report though, so I would request a free copy to double check.
    DAC Report, DAC Employment History File | HireRight

    Now, to clear up why you may not see an accident on your PSP score that does meet the definition found in 390.5. The proper term is DOT recordable accident. There is no report made to the FMCSA when an accident happens unless a motor carrier enforcement officer investigates and submits an inspection report. The regulations simply require your company to record certain types of crashes and maintain a file called an Accident Register for three years after these recordable accidents.
     
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  9. Powder Joints

    Powder Joints Subjective Prognosticator

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    A DOT reportable accident requires one of the 3.
    1. Fatality;
    2. Bodily injury in which that person receives immediate medical attention away from the scene of the accident; or
    3. At least one of the vehicles involved in the accident had to be towed from the scene

    The DOT does not consider fault or preventability with respect to DOT-recordable accidents.

    Stay on record for 3 years.
     
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