22 minute read
A rolling record
Documenting driver training can help prevent accident claims
BY AARON HUFF
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Fleets cannot change or adjust driver training records in Instructional Technologies Inc.’s web-based Sentix LMS unless drivers actually took the course.
“Nuclear” has become a familiar term in the transportation industry used to explain rising insurance costs from runaway jury verdicts.
One of the most famous nuclear verdicts was handed out in May 2018 by a Texas jury in Blake v. Ali and Werner Enterprises.
On a wintry day in 2014, a vehicle crossed a centerline and crashed into a truck driver, Shiraz Ali, who was going the posted speed limit and staying in his lane. The incident was recorded by dashcam footage.
The plaintiff was awarded $92 million. Attorneys have been successful in reaching higher verdicts by bringing out the “Reptile Theory” approach.
“With this approach, the counsel tries to paint defendant motor carriers, among other things, as failing to take reasonable steps to train drivers,” said J.W. Taylor, owner of Taylor &
Fleetworthy Solutions provides audits and recommendations to help fleets improve driver training and documentation.
Associates, a transportation-focused law firm based in Winter Haven, Florida.
In Blake v. Ali and Werner Enterprises, the plaintiff’s attorneys argued the truck driver should have been driving slower given the weather and convinced the jury that the carrier failed to train the driver properly on procedures for handling icy conditions.
A review of court documents for this and other cases shows how attorneys try to drive a wedge between the driver and company by asking the driver whether he or she knew about a certain rule or regulation — and what the company did to enforce it.
“Properly documenting training and continuing education can be helpful in combating these tactics,” Taylor said.
Closing the gap As part of the Reptile Theory approach, a plaintiff’s attorney will question a truck driver in an attempt to get the driver to claim ignorance of certain regulations or training they have received.
The purpose is to raise concerns “about whether or not we have in fact trained or provided guidance to our employee sufficient to comply with the regulation,” said Steve Setliff, owner and managing partner for Setliff Law, a firm that provides legal defense for transportation companies.
Billy Stover, DOT regulatory compliance consultant for Fleetworthy Solutions, encourages carriers to use in-house training coupled with online training for safety and compliance. Fleetworthy provides audits and recommendations to improve training and documentation.
“When we work with carriers, we come up with a ‘plan to protect,’ ” he said. “We start with a DOT boot camp, and it’s a combination of in-house training and online training. We work with CarriersEdge, which has a great library of online courses — many that support our DOT training.”
Tim Brewster, director of loss prevention and recovery for National Interstate Insurance Company, stresses the importance of fleets having checkpoints for driver training regardless of job experience. Those checkpoints should include orientation and recurrent and remedial training.
“Ongoing training should take place multiple times throughout the year with knowledge checks to ensure drivers understand and can retain the information,” Brewster said.
Besides documenting training, online learning programs can assist with retention of information. If a driver struggles with any part of the test, retraining can be done to help the driver.
Retaining information Online driver training platforms, or learning management systems (LMS), have built-in assessment tools to document driver awareness of rules and regulations.
Rather than give drivers a quiz at the end of a training session – and then give them the option to continue guessing until they score 100 – the approach used by Instructional Technologies Inc. (ITI) for its Pro-Tread courses requires the driver to answer questions throughout the course before they can proceed.
As an added layer of training, Payne Trucking sends periodic “safety flashes” to educate drivers and document their awareness when management sees incident or accident trends developing.
The Fredericksburg, Virginia-based company operates a fleet of more than 130 tractors and 800 end dump trailers, dry vans and storage containers with a service network that covers the Midwest and Eastern states from Florida into Canada.
Payne Trucking uses the Luma eNugget LMS that comes with a collection of more than 500 courses on various orientation, safety and compliance topics in mixed mediums.
“Not only am I getting proof that drivers have received [the training] and completed it, but more importantly from the liability side, there is a realized level of comprehension, and that is priceless,” said Chris Haney, Payne’s director of health, safety, security, environment (HSSE) and human resources.
J.J. Keller’s Safe & Smart Driver Training program uses smaller chunks of online learning with multimedia and learner involvement to drive engagement and retention. A quiz is included after each module, said Steve Murray, vice president of content and consulting services.
The company soon will be able to provide tracking of how each learner answered each question, and training coordinators can use this to focus on
LUMA CAPTURES PHOTO EVIDENCE OF DRIVER TRAINING
Luma Brighter Learning, an instructional design and learning company, released a camera-based authentication process for online driver training. LumaLens is designed to provide motor carriers with liability protection by documenting training events and capturing time-stamped pictures of users while they are completing training.
LumaLens is available in the Luma eNugget learning management system (LMS), which also comes with a collection of nearly 500 customizable Luma eNugget training modules that cover safety, compliance and orientation topics.
When a driver logs into the LMS to complete orientation or remedial training assignments, a pop-up screen informs the user that the camera of the laptop, tablet, smartphone or other device will take periodic pictures during the assessment portion of the training.
A separate Reporting tab feature has a
Fleet administrators can configure LumaLens settings in the Luma eNugget LMS with modules tailored to the learning preferences of truck drivers.
“permission logs” section that details how users responded to the LumaLens notification by accepting or denying permission to have the camera on their device capture photos during training events. – Aaron Huff
Fredericksburg, Virginia-based Payne Trucking uses the Luma eNugget LMS that comes with a collection of more than 500 training courses.
specific areas of lower comprehension, Murray said.
Training authentication During court cases, plaintiff’s attorneys typically will ask for evidence of any training that a driver received, or did not receive, that is relevant to the type of accident event.
ITI receives and responds to one or two subpoenas a month from attorneys. The company provides validation of driver training records, said Aaron Purvis, chief technology officer for ITI. Fleets cannot change or adjust driver training records in ITI’s web-based Sentix LMS unless drivers actually took the course.
As an ITI officer, Purvis said he is the only person with the authorization to make changes to training records. “That’s not going to happen,” he said. ITI records an archive to provide the exact content that drivers received at the time they took the course.
Likewise, Murray said J.J. Keller archives all versions of its training content with the dates, drivers’ scores and their completion status.
“If a client company of ours goes to court, we can easily provide documentation of the content a learner experienced, as well as show that he or she consumed the content and passed the related exams, demonstrating proficiency,” he said.
Training is a core part of fleet operations, and using technology to authenticate and document these events can be just as important. Online training platforms can give fleets this added layer of protection.
Hydraulic detachable gooseneck trailer
XL Specialized Trailers’ XL 120 Hydraulic Detachable Gooseneck 3+2 Trailer has a concentrated capacity rating of 120,000 pounds in 10 feet with an 18-inch lowboy deck height. The 13-foot low-profile gooseneck has a swing clearance of 107 inches and a 36-inch flip neck extension, and the neck offers a five-position ride height. The 26-foot-long main deck offers a loaded deck height of 18 inches with a ground clearance of 6 inches for oversized equipment.
XL Specialized Trailers, www.xlspecializedtrailer.com, 877-283-4852
DVR and camera
Rear View Safety’s MobileMule 1080 Mobile DVR and Camera Series is designed for enhanced driver vision and liability protection by producing and liability protection by producing high-resolution footage that provides video high-resolution footage that provides video evidence of any incidents and also can be used for driver training. The live-view evidence of any incidents and also can be used for driver training. The live-view and GPS tracking options are paired with user-friendly software. The five-channel DVR series supports four 1080p full analog HD (FHD) cameras and one 1080p IP camera. Features include 4G/Wi-Fi capability, a military-grade shock/vibration rating and a 1TB hard-disk drive (expandable to 2TB) mirrored by SD backup.
Rear View Safety, www.rearviewsafety.com, 800-764-1028
Active suspension aftermarket kit
Link’s ROI Cabmate Semi-Active Cab Suspension with the company’s intelligent Road Optimized Innovation technology now is available as an aftermarket kit for the Freightliner Cascadia, Kenworth T680, International LT Series, Peterbilt 579 and Volvo VNL and VNR Series. The suspension is engineered to adapt to surface and load conditions through its electronic control unit (ECU) that uses proprietary algorithms to interpret a constant data stream from an accelerometer monitoring both the cab’s motion and a position sensor measuring its position and velocity relative to the frame, adjusting shock absorber stiffness for optimized ride comfort, improved cab stability and reduced noise and vibration. It operates on less than 10 watts of power.
Link Manufacturing, www.roicabmate.com, 800-222-6283
Eaton’s valvetrain portfolio for diesel off-highway vehicles features cylinder-deactivation (CDA) technology for variable valve actuation with hydraulic lash adjustment (HLA) that enables precise valve lift control. When coupled with engine braking capability, the system helps reduce emissions and improve fuel economy.
Eaton, www.eaton.com, 269-342-3000
Liftgate socket connection connection
Phillips’ weatherproof Dual Pole QCS2 (Quick-Change Socket) liftgate socket is designed for both tractor and trailer applications. The molded straight-back harness boot with a sealed inner cavity is molded to the liftgate harness cable for added corrosion protection, and it grips the easy-to-plug-in bulleted socket and holds it in place to block moisture and contaminants. The socket housing is noncorrosive, and offset pins help prevent accidental arcing by grounding the connection before power begins circulating through the system. It is available with a 48-inch blunt-cut battery cable harness in 2- or 4-gauge options.
Phillips Industries, www.phillipsind.com, 800-423-4512
Heavy vocational suspension
Link’s 85K Air Link Tandem Drive Chassis Suspension is optimized for heavy vocational commercial applications and seamless installation. The suspension has large, high-volume, lation. The suspension has large, high-volume, low-frequency air springs for a smoother ride under low-frequency air springs for a smoother ride under load or when empty. Dual height-control valves help load or when empty. Dual height-control valves help facilitate proper ride height and vehicle leveling for enhanced roll stability. The company’s air-over-walking-beam technology is engineered for extreme payloads in harsh off-highway applications. The suspension is treated with the company’s self-healing metal treatment for corrosion resistance.
Link Manufacturing, www.linkmfg.com, 800-222-6283
Air cleaners
Webasto’s HFT 300 and HFT 600 Air Cleaners are lightweight, compact cylindrical units that use medical-grade units that use medical-grade HEPA-14 filtration media and high-velocity twin-axial fan motors for rapid air HEPA-14 filtration media and high-velocity twin-axial fan motors for rapid air exchange rates. The HFT 300 is engineered to deliver up to 5 cubic meters of purified exchange rates. The HFT 300 is engineered to deliver up to 5 cubic meters of purified air per minute or 300 cubic meters per hour, and the HFT 600 is built to process and clean up to 10 cubic meters of air per minute or 600 cubic meters per hour. The filters are designed to allow both air cleaners to remove 99.995% of airborne particles equal to or greater than 0.3 microns. Each unit’s filter monitoring feature senses when its filter needs to be changed, and an LED light alerts users when it’s time for maintenance. Both are compatible with 12- and 24-volt electrical systems and are available with optional wire harness kits.
Webasto, www.webasto-group.com, 800-860-7866
LED interior light
Peterson’s 358 Series LED Interior Light is a lower-profile flat-back bar light suited for surface mounting to any trailer center ceiling and sidewall. It comes in 6-, 12 -and for surface mounting to any trailer center ceiling and sidewall. It comes in 6-, 12 -and 18-inch bar lengths with outputs of 300, 500 and 1,000 lumens, respectively, and the 18-inch light features wires on both ends to accommodate daisy-chaining multiple lights. The multivolt design is compatible with both 12- and 24-volt systems. Each model is available with either standard 7.5-inch stripped leads or terminated with .18 bullets. The optimized profile and flat mounting tabs on both ends of each bar are engineered to screw-mount to flat surfaces. The light features an integral molded seal and meets IP67 ratings to resist dust, moisture and vapor.
Peterson Manufacturing, www.pmlights.com, 800-821-3490
Solar tracking unit
Lat-Lon’s LoRa Solar Tracking Unit is a selfcontained solar-powered device that has no cellular modem. The device sends a message to gateways up to a mile away to transmit securely to back-end servers and can store over 5,000 messages while out of range. Messages are created as frequently as every 10 minutes and are relayed in real time when in proximity to a gateway or stored for later transmission.
Lat-Lon, www.lat-lon.com, 877-300-6566
Power connector
TE’s PCON 12 OnePosition 90-Degree Unsealed Power Connector is made of flame-retardant material to support in-cab power applications with a in-cab power applications with a current-carrying capability of up to 60 amps at 90 degrees Celsius. The connector’s 90-degree cable exit configuration allows it to be used in tight spaces. Each connector has positive and negative markings and can accept wire sizes up to 16 square millimeters to allow high-power connections. The connector also offers three polarization key mating configurations to help prevent polarity mismatches, as well as dual side-actuated snap-in locking features.
TE Connectivity, www.te.com/ict, 800-522-6752
Road simulator
Vehicle Inspection Systems’ VIS-Check: Road Simulator is a suspension and steering diagnostics system engineered to recreate road conditions safely and easily to help users see how undercarriage components perform under harsh operating conditions and make otherwise undetectable mechanical issues easier to detect. The unit’s automated inspection process helps facilitate quick repairs.
Vehicle Inspection Systems, www.vischeck.net/ vis-check/road-simulator, 800-219-6256
Light bar camera
ASA’s VCAHD140LB Light Bar Camera combines a rear light bar with an analog high-definition camera for seamless installation with a single-pass wire entry and a surface-mount design. The camera is made with automotive-grade polycarbonate and is corrosion-resistant and waterproof. It uses high-performance color optics and IR low-light assist to provide a high-resolution picture.
ASA Electronics, www.asaelectronics.com, 877-305-0445
Aftermarket ring and pinion gearing
Dana’s Spicer Select 404 Ring and Pinion Gearing are suited for post-warranty differential rebuilding. The parts feature the company’s five-axis cutting and are manufactured with the same heat treatment processes and materials as its original equipment gears. They are designed for easy fit and installation.
Dana, www.danaaftermarket.com, 800-621-8084
Lightweight brake drums
Webb Wheel’s Steel Shell Brake Drums are engineered to allow for increased payloads. The lighter, stronger design features a one-piece outer shell with a fused cast-iron brake liner. The company currently offers three options for a 16.5-by-7-inch application and is planning two for a 16.5-by-5inch application and one each for 16.5-by8.62-inch, 16.5-by-8-inch and 15-by-4-inch applications.
Webb Wheel Products, webbwheel.com/ steelshell.php, 800-633-3256
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PREVENTABLE or NOT?
Doe’s trailer dings diner’s door
It was a chilly autumn day when trucker John Doe arrived at Mr. Crispy Fried Chicken near Big Bass, Mississippi. Frankly, Doe was less than thrilled to be there, because blindly jacking his reefer trailer to the delivery area at Mr. Crispy’s kitchen was always a pain. At the moment, he was consoling himself with a green Gummy Bear, adjusting his heater and patiently waiting for some store employees to come out and guide his approach.
Today, Doe’s helpers were store manager Kitty Periwinkle, who positioned herself to the right of Doe’s cab, and senior fryer Jim Bob Buford, who stood beside Doe’s window. Doe started to slowly back his rig, keeping an eagle eye on Jim Bob. Unfortunately, Jim Bob was suddenly distracted by the faint sound of a buzzer inside the store, an indication that his drumsticks were ready. So Jim Bob just stood there, looking dazed, as
Trucker John Doe was Doe backed plumb into the backing his reefer to store’s rollup door and bent a restaurant’s kitchen its frame! Kitty had been yelling frantically, pounding delivery area and was on Doe’s trailer and waving being helped by an in an attempt to make him employee who became distracted, causing Doe stop, but Doe’s attention had been riveted on Jim Bob. And both of Doe’s windows had to hit the store’s rollup remained closed to maintain door and damaging it. Was this a preventable the warm comfort of his cab, so he heard nothing. Because Doe contested the accident? preventable-accident warning letter from his safety director, the matter was turned over to the National Safety Council’s (NSC) Accident Review Committee. NSC upheld the “preventable” ruling, noting that Doe easily could have avoided the accident by lowering his windows to listen for verbal warnings while keeping an eye on Kitty.
WE’VE RAISED THE CEILING ON BEST IN CLASS
Peterbilt’s Model 579 UltraLoft is a lightweight integral cab-sleeper design that takes the Model 579 to new levels of driver comfort and performance. that takes the Model 579 to new levels of driver comfort and performance. The distinctive exterior features a bold, sculpted roofl ine and aerodynamic The distinctive exterior features a bold, sculpted roofl ine and aerodynamic enhancements for increased fuel economy. The new interior offers bestenhancements for increased fuel economy. The new interior offers bestin-class headroom, bunk space and storage. The standard PACCAR in-class headroom, bunk space and storage. The standard PACCAR Powertrain, including the PACCAR MX-13 engine and the advanced PACCAR Automated Transmission, maximizes fuel effi ciency and drivability, making the Model 579 UltraLoft the driver’s truck of choice.
For more information, stop by your nearest Peterbilt dealer or visit Peterbilt.com.
