Operational Policy 4 - Clarify Minimum Standards for Certification and Maintenance of Certification

Our Department’s policy has historically referenced CVSA Operational Policy 4 to provide the minimum standards for certification and maintenance of certification. Recently, an inspector opted to rely on challenging the written examination to maintain Level I certification instead of completing 32 Level I inspections. This same inspector cited other states allowing a passing score on the certification exams and members from the National Training Center as sources for not completing 32 Level I inspections. In review of Operational Policy 4, the current language appears confusing and leaves opportunity for misinterpretation. On Page 12, CVSA Operational Policy 4, the policy identifies that 32 Level I inspections must be maintained. The policy does not reference passing an examination in lieu of completing the 32 Level I inspections. Additionally, on Page 10, Operational Policy 4, bullet points 2 and 3 identify that the required number of inspections must be maintained within a 12-month period specified by the jurisdiction. Additionally, bullet 4, provides that an inspector who becomes decertified must successfully pass the appropriate certification examination and complete the required inspections (in this case 32 Level I inspections) with a certified inspector, field trainer or coach. Within the maintenance section of the policy, no provision is provided to successfully challenge the examination in lieu of completing 32 Level I inspections. On Page 11, CVSA Operational Policy 4, the language in bullet 1, sentence 3 provides that when an extension is granted by the Department, “The certification may be accomplished through successful testing, under the guidelines established in this operational policy, or by performing the required inspections necessary to achieve certification”. The inspector in this case cited that this language allows the opportunity to take an examination in lieu of completing 32 Level inspections. With closer review of the policy, the language specifically states, “The certification may be accomplished through successful testing, under the guidelines established in this operational policy…”. Being that every reference within the remainder of this policy requires 32 Level I inspection or a combination of passing a certification examination and conducting 32 Level I inspections (certain situations requiring a mentor), it is my belief that the language providing “may be accomplished through successful testing, under the guidelines established in this operational policy, or by performing the required inspections necessary to achieve certification” specifically means the Department may require an examination and 32 Level I inspections or only 32 Level I inspections, at the Department’s discretion, not the inspector's discretion. From a logic perspective, why would Operational Policy 4 allow for certification to be maintained by successfully passing an examination when an extension is granted, but the policy does not allow the same for maintaining certification when an extension is not granted. As further support of this logic, Page 1 and 2 for achieving Certification in Level I requires successfully passing Part A and Part B, and completing 32 mentored Level I inspections.

The current language in Operational Policy 4 can create confusion with regard to whether an inspector must complete the required number of inspections or simply successfully challenge an examination to maintain certification. This has led to confusion with at least one inspector in Florida. Conversation with other jurisdictions and FMCSA has indicated there may be confusion with other stakeholders as well.

I request that the Training Committee review Operational Policy 4 and amend the language on Page 11, bullet 1, sentence 3 to clarify the intent of the language. A possible change of language might state, “The certification may be accomplished through successful testing and performing the required number of inspections, or by performing the required inspections necessary to achieve certification at the discretion of the jurisdiction”