Category Archives: Gamino and Associates News

Runaway risk might be driving away your profits. Time to put the brakes on.

 

Hauling more cargo is one way to increase your top line. But when it comes to protecting your bottom line, you need to worry about efficiencies, expense and risk. When these are under control, you’ll get a boost in your profits.

As experts in helping transportation companies reduce risk and save money, Gamiño & Associates and Wood Gutmann & Bogart Insurance Brokers have banded together to form a new alliance.

This is truly good news for the transportation industry. Our combined expertise will enable us to improve your risk management plan and implement strategies to save you money.

The risk management professionals at Wood Gutmann & Bogart will review your current program, make recommendations and offer insights on the current state of the insurance industry. We’ll then dive into an analytics of your claims and loss exposure, and develop plans to improve performance.  Our expertise also enables us to better evaluate carrier offerings and performance. 

Our team of loss control advocates will work on your behalf with Gamiño & Associates, a full service third party administrator of DOT drug and alcohol testing and FCRA compliant background screening programs. Gamiño can also sharpen your written safety procedures and protocols, with all the experience of a true insider. (Prior to forming Gamiño & Associates, Henry Gamiño was the president of CDTA for 13 years.)

In addition to providing you with an initial risk management assessment and plan, should you choose to hire us as your business partner, we’ll allocate a percentage of brokerage revenue to:

  • Ongoing risk services (loss control strategies and claims advocacy)
  • Human resources consulting
  • Cost offset for expenses associated with drug testing and background screening
  • Safety incentives

We would appreciate the opportunity to learn more about your operations, goals for the future, and impact of the economy and regulatory requirements on your business. Please let us know if you are interested in pursuing alternatives and services that will reduce your overall cost of risk and improve operations.

We’ve attached a copy of our transportation brochure. Please let us know if anything we can do to help. Happy to just talk shop.

Thank you,

Henry Gamiño and Chris Mitchell

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Holiday Hours 2012

 Merry Christmas Image Gamino and AssociatesOn behalf of the entire Gamiño & Associates Team, we express gratitude for your business and extend best wishes for a joyful holiday season.

So that we can enjoy time with our families, we will be closed on Monday, December 24 and Tuesday, December 25, reopening on Wednesday, December 26.

We will also be closed on Monday, December 31 and Tuesday, January 1, reopening on Wednesday, January 2.

We look forward to working with you in 2013.

The Gamiño & Associates Team

 (877) 228-0021 

 

Posted in Gamino and Associates News, Office Hours | 1 Comment

Veteran’s Day Observance 2012

ThAmerican Flagis Monday, November 12th is Veteran’s Day.  Gamiño & Associates Inc. would like to take this moment to thank each Veteran for their service, bravery, and sacrifice.  Without them we would not have our freedom.  Thank you!

Also, our office will be closed along with courts, schools and other government agencies.   We will reopen on Tuesday. You will still receive drug test results on Monday and we are available for any emergency and post-accident as always.. If you have any questions, please feel free to email or call us.

Sincerely,

Henry M. Gamiño    
President / CEO
Gamiño And Associates Inc.
Phone:  619-334-2145 
Fax:      619-334-3792
www.gaminoandassociates.com
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Alcohol Testing for Drivers of Commercial Vehicles

English: Logo of the United States Federal Mot...

I am frequently asked who must comply with the Federal Motor Carrier Safety Administration’s rules regarding testing for alcohol use.  Generally, the rules apply to safety-sensitive employees, who operate commercial motor vehicles requiring a CDL.

Examples of drivers and employers that are subject to these rules are (the following does not represent a complete listing):

  • Anyone who owns or leases commercial motor vehicles
  • Anyone who assigns drivers to operate commercial motor vehicles
  • Federal, State, and local governments
  • For-Hire Motor Carriers
  • Private Motor Carriers
  • Civic Organizations (Disabled Veteran Transport, Boy/Girl Scouts, etc.)
  • Churches
Posted in Gamino and Associates News | 1 Comment

When records are stored and transferred electronically, how should they be made available to DOT representatives?

Question – When records are stored and transferred electronically, how should they be made available to DOT representatives?

Answer – The obligations of employers and service agents to make records available expeditiously to DOT representatives apply regardless of how the records are maintained.

  • All records must be easily and quickly accessible, legible, and formatted and stored in a well-organized and orderly way.
  • If electronic records do not meet these criteria, then the employer or service agent must convert them to printed documentation in a rapid and readily auditable way by the MRO’s receipt of a confirmed laboratory test result, would not require a §40.21 waiver.
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May an employer conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?

Question – May an employer conduct follow-up testing under company authority that goes beyond the follow-up testing which the SAP determines necessary?

Answer – No. The regulation (at 40.307(d)(4)) and SAP guidelines state that employers must not impose additional testing requirements that go beyond the SAP’s follow-up testing plan. This includes additional testing requirements under company authority.

In addition to follow-up testing and random testing, an employer has other means available to ascertain an employee’s alcohol- and drug-free performance and functions.

  • The employer can choose to monitor the employee’s compliance with the SAP’s recommendations for continuing treatment and/or education as part of a return-to-duty agreement with the employee.
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If an employee requests his/her records from the MRO, do these records include the MRO’s notes and comments or only copies of the CCF and laboratory result?

Question – If an employee requests his/her records from the MRO, do these records include the MRO’s notes and comments or only copies of the CCF and laboratory result?

Answer – In general, the MRO should provide all records that are available related to that employee, to include written notes, checklists, or comments. All of this information was obtained from the employee or from appropriate individuals or organizations (with the employee’s authorization) or from documentation provided by the employee.

Consistent with appropriate medical record constraints, the MRO may need to withhold or interpret sensitive medical, psychiatric, and mental health record information

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This Month’s Special Offer: Sign up for our BG screening Service and receive 15% off.

US truck - California 2007
 

Sign up for our BG screening Service and receive 15% off your invoice for the next three months.  Call us today and find out why companies lie Osterkamp Trucking and Gardner Trucking choose Gamino and Associates.

 
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Employer’s responsibilty after positive Breath Alcohol Test (BAT) of .02 or greater ?

Question –  We received a call from the collection site that one of our DOT drivers had a confirmed Breath Alcohol Test (BAT) level of 0.02 and that someone needed to come and pick him up. What is the employer’s responsibility?

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EEOC strengthens discrimination protections for ex-offenders

Seal of the United States Equal Employment Opp...

The Equal Employment Opportunity Commission (“EEOC”) issued a new Enforcement Guidance on the use of criminal history information in making hiring and other employment decisions. This Guidance furthers the EEOC’s strategic focus on eradicating systemic race discrimination, as discussed in earlier blog posts (4/25/12 and 1/27/12). Because persons of color are arrested and convicted at disproportionate rates, excluding individuals from employment based on a criminal record can be unlawful race discrimination under Title VII of the Civil Rights Act of 1964. To be lawful under Title VII, an employment exclusion must be based on proven criminal conduct and must be job-related and consistent with business necessity. In light of the Guidance, employers should take the following steps to ensure that their criminal history screening policies and practices are not discriminatory:

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