Jones Contractors: DOT Regulatory Compliance Consulting Success
Jones Contractors has been in business since August 2006. They are headquartered in Henderson, Tennessee, but are expanding with extensive operations in North Dakota and Texas. They provide a wide range of pipeline services for the pipeline industry. Services include new mainline construction, pipeline fabrication, general pipeline maintenance, and erosion control. They are a private carrier and have almost 170 power units and approximately 270 drivers.
Fleetworthy Solutions has been doing business with Jones Contractors since 2020, providing them with DOT regulatory compliance consulting services.
What Was Needed?
Jones Contractors sought out the assistance of Fleetworthy’s DOT Regulatory Compliance Consultant in preparing all required information and submitting a request with the FMCSA to review a collision that resulted in a fatality. One of the drivers for Jones Contractors was struck from behind at a stop and the other driver lost their life.
The FMCSA’s Crash Preventability Demonstration Program allows motor carriers to submit a Request for Data Review (RDR) through its national data correction system known as DataQs. For a submission to be considered: The RDR must include a police accident report (PAR), the crash must meet one of the eligible crash types outlined by the FMCSA, and the crash must have occurred on or after August 1, 2019.
What Was the Solution?
The Fleetworthy Compliance Consultant gathered all necessary materials to support the client’s case and conducted a thorough assessment of the collision and any relevant information pertaining to it. Some of the helpful materials included video footage, photos, police accident reports, drug and alcohol tests, insurance claim information, hearing transcripts, and affidavits.
On behalf of Jones Contractors, our Compliance Consultant then submitted a Request for Data Review through DataQs. This is an essential function of a motor carrier, especially if legal action is anticipated due to a collision. A determination by the FMCSA that a particular accident was “not preventable” can go a long way towards defending a claim against the carrier and/or driver. A broader implication is that the ability to request and receive preventability determinations will create a more balanced and fair Crash Indicator scoring process for all motor carriers and provide much-needed context to a carrier’s safety record.
What Was the Outcome?
In response to the Request for Data Review, the FMCSA determined that this accident was “Not Preventable”, defined as “If a driver, who exercises ordinary judgment and foresight, could not have foreseen the possibility of the accident that occurred and could not have avoided it by taking steps within his/her control.”
As a result, this crash which was given a “Not Preventable” determination will not be included in the Safety Management System (SMS) Crash Indicator measure or percentile. The crash will continue to be just listed in the SMS, but separate from those crashes included in the calculation. Without an indication of preventability, the listing of crashes on the FMCSA’s SMS public website can give a mistaken impression about the risk posed by a company.
Jones Contractors was grateful for the expertise and hard work of our Compliance Consultant, which resulted in a successful determination outcome that will reflect the true safety profile of their fleet.
About Jones Contractors
Jones Contractors, Inc., always strives to lead with clear vision, comprehensive experience, and rigorous skills as it focuses on completing each and every project safely and responsibly. Current clients include: Andeavor, Cimarex, Energy Transfer Partners, Kinder Morgan, Plains All American, Valero Energy, and more. Jones provides, or has provided, pipeline services for these clients and others in 27 states across the country—wherever they need to be. The company is also a first responder for emergencies and environmental situations.
- Consulting services that provide deep industry expertise – our consultants have decades of transportation and DOT experience.
- Offer proactive strategizing to give you visibility and control of your compliance status.
- Go beyond meeting minimums of government compliance to drive better processes.