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Food Safety Modernization Act Webinar- Transportation Rules & Regs

Tuesday, May 17, 2016

The Final Transportation Rules and Regulations have been released for the FDA's Food Safety Modernization Act. 

For those who have stayed current with our blog, we are happy to report the majority of the Proposed Rules where adopted. There are a few changes we want to share with you. 

  • Trucking Companies employing less than 500 full-time equivalent employees; and/or that have less than $27,500,000 in annual receipts will be classified as Small Businesses and will have 2 years to becoming compliant. i.e. 04/06/2018
  • "Shipper" was broadened to include property brokers or any other entities that arrange for transportation of food in the United States.
  • "Loaders" is a newly defined term. Persons who load food onto a motor or rail vehicle (possible warehouse operation exposure)
  • The Motor Carrier must provide adequate training in basic sanitary transportation practices to its personnel (drivers, loaders) engaged in relevant transportation operations.
You can read all of the Final Rules here.

We will be hosting another webinar dedicated to the new rules and regulations on Wednesday, June 8th at 11am EST. It will be a 1 hour long and will allow you an opportunity to ask questions of industry experts.

If you are interested in participating, please contact:
Andy Engardio aengardio@dawsoncompanies.com

If you have any questions, please contact us at any time.

Paper Work: Written Cell Phone Policy

Wednesday, May 04, 2016

A cell phone policy seems straight forward. Don’t Use Cell Phone on the Road. It’s the law in many states in personal autos, and it’s a written rule by the FMCSA. So why should you include a cell phone policy in your manual:

  • Drivers can face penalties up to $2,750 and disqualification for multiple offenses. Motor carriers are also subject to civil penalties up to $11,000.
  • All cell phone violations will also impact SMS results (10 Points)
  • MVR cell phone convictions are a disqualifying offense with any insurance companies
  • Cell phone records are listed as discoverable and can be used in court

When developing employee handbooks, we often think of the exposures of the drivers on the road; but what about the dispatchers? Look at (b) on the both of the rules from FMCSA:

§Part 392.80 Prohibition against texting
(a) Prohibition. No driver shall engage in texting while driving.
(b) Motor Carriers. No motor carriers shall allow or require its drivers to engage in texting while driving.
§Part 392.82 Using a hand-held mobile telephone
(a) No driver shall use a hand-held mobile telephone
(b) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV

One of the issues is that some dispatchers text drivers in reference to updating them on loads. Our policy reflects not only the drivers’ responsibility, but the dispatchers’ as well. How do you share load information, and locations, and exposures ahead? How do you communicate with your fleet?

If you want to add a cell phone policy to your employee handbook, give us a call.


        
Dawson Companies
- An AssuredPartners Agency
3900 Kinross Lakes Parkway #300 •
Richfield, Ohio 44286 •
T: (440) 333-9000 •
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E: info@DawsonCompanies.com
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