Contractor (Driver) Corrective Action Policy
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- Warren Benedict Lindsey
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1 Contractor (Driver) Corrective Action Policy Note: The term or use of the word driver does not imply an employee. Driver is used within this Corrective Action Policy to describe the action or role which the Contractor is engaged. I. s, Violations and Out of Service (OOS) a. All Drivers who receive an and/or OOS, MUST CALL the Safety Department (or Dispatch if after normal business hours) at the time of occurrence. b. If your equipment is placed OUT OF SERVICE as a result of a DOT, you must have the defect corrected before operating your equipment. c. If the Driver is placed OUT OF SERVICE as a result of a DOT, the Driver must correct the violations before their vehicle can be operated. d. The Safety Department at Relay Express must be notified any time a Driver receives any type of violation either as a result of a Roadside or from a traffic stop. Drivers are required under FMCSR to immediately notify and submit the citation or inspection report to the Safety Department WITHIN 24 HOURS. e. All OOS violations will be treated the same as a moving violation and subject to the Corrective Action Policy. f. Drivers found to have received an inspection, which did not report such inspection and/or did not submit the inspection form to the Safety Dept, as described above will be subject to the Corrective Action Policy to include possible termination of the Contractor s Contract. g. Drivers who are found in non-compliance with any of the above regulations will be subjected to the Corrective Action Policy. II. Hours of Service and Books a. In accordance with FMCSR part 395, Drivers are required to submit daily logs with supporting documentation including DVIR (Post Trip Reports) to Relay Express within 13 days. Drivers who have not submitted daily logs which exceed 13 days, will be subject to the Corrective Action Policy and may have their contract suspended until the required logs and supporting documents have been received. b. violation received during a Road Side will be treated the same as a moving violation. III. Moving Violations a. In accordance with FMCSR , all drivers who receive a Violation (regardless of offense) must call the Safety Department at the time of occurrence (if during office hours) or first thing in the morning (if violation occurred after office hours) to report the violation. The violation will then be recorded and maintained in the Driver s Qualification File. This regulation must be followed even if the violation is under appeal. b. All violation reports/forms are to be sent to the Safety Department within 24 hours of the offense.
2 Corrective Action Process It is the policy of Relay Express that a progressive Corrective Action program be utilized for violations of company policies, Federal, State and local laws and regulations. **Please note that all violations are reviewed on an individual basis and severity level is subjective. (I.e. level may increase due to cost of damage, length of service by contractor, how it affects Relay s SMS rating.) Non-Serious Violations (under 7 Violation Serverity Points) * First Offense Second Offense Third Offense Fourth Offense Documented Oral Warning with Counseling & Education Documented Written Warning with Counseling & Education Documented Written Warning and Five (5) Day Contract Suspension Contract Termination Serious Violations (7 Violation Serverity Points or above) * First Offense Second Offense Third Offense Documented Written Warning with Counseling & Education Documented Written Warning and Five (5) Day Contract Suspension Contract Termination * Accidents * All "At Fault" accidents will be considered as a separate Serious Violation
3 Relay Express reserves the right to terminate a Driver s contract at any time due to unsafe operations or noncompliance of Company policies, Federal, State and Local Laws and Regulations. Contractors who receive any of the below serious violations: Table 1. Unsafe Driving Violation Shown Violation Severity Driver Responsible Failure to obey traffic control device ( 392.2C*) Following too close ( 392.FC*) Improper Lane Change ( 392.2LC*) Reckless driving ( 392.2P*) Reckless Driving Speeding ( 392.2S) Speeding Related 5 Y Improper turns ( 392.2T*) Failure to yield right of way ( 392.2Y*) (a)(1) (a)(2) (a)(3) (a)(4) Failing to stop at railroad crossing --bus Failing to stop at railroad crossing--chlorine Failing to stop at railroad crossing placard Failing to stop at railroad crossing HM Cargo Failed to use caution for hazardous condition Table 2 Controlled Substances/Alcohol Violation 392.5(c)(2) Violating OOS order pursuant to 392.5(a)/(b) Alcohol Jumping OOS 392.4(a) Driver uses or is in possession of drugs Drugs
4 392.5(a) Possession/use/under influence alcohol-4hrs prior to duty Alcohol 5 Y Table 3. Driving Violation Shown State/Local Hours of Service (HOS) ( 392.2H*) Operating a CMV while ill/fatigued Table 3. Driving continued Violation Shown 395.1(h)(1) 395.1(h)(2) 395.1(h)(3) 395.1(o) 395.3(a)(1) 395.3(a)(2) 15, 20, 70/80 HOS violations (Alaska-Property) 15, 20, 70/80 HOS violations (Alaska-Passenger) Adverse driving conditions violations (Alaska) 16- hour rule violation (Property) Requiring or permitting driver to drive more than 11 hours Requiring or permitting driver to drive after 14 hours on duty 395.3(b) 60/70- hour rule violation 395.3(c) 34- hour restart violation (Property)
5 395.5(a)(1) 395.8(a) 392.5(c)(2) 395.8(a)(2) 395.8(e) 10- hour rule violation (Passenger) No drivers record of duty status Violating OOS order pursuant to 392.5(a)/(b) Failure to comply with hours of service recording requirements False report of drivers record of duty hours Hours 5 Y Alcohol Jumping OOS False 7 Y 395.8(f)(1) Drivers record of duty status not current 5 Y 395.8(f)(10) Failure to record days off duty in driver activities report 5 Y 395.8(i) Failing to submit record of duty status within 13 days 5 Y 395.8(k)(2) Driver failing to retain previous 7 days logs 5 Y (d) Driving after being declared out-of-service (d)(1) Driving after being declared out-of-service (d)(2) Driving after being declared out-of-service (d)(3) Driving after being declared out-of-service Table 4. Driver Fitness Violation Shown Operating a CMV with more than one driver s license Multiple License (a) Operating a CMV with more than one driver s license Multiple License
6 383.31(a) Failure to notify licensing jurisdiction of traffic law conviction Table 4. Driver Fitness continued Violation Shown (b) (a) (b) (b) (b)(2) Failure to notify carrier of conviction within 30 days Driving a CMV (CDL) while disqualified Driving a CMV without transferring valid motor vehicle operator s license/permit Failing to comply with Imminent Hazard OOS Order Failing to comply with an operations out-of-service order Fitness/Jumping OOS Fitness/Jumping OOS Driver qualification (a) Using an unqualified driver (b)(1) Interstate driver under 21 years of age (b)(2) Non-English speaking driver (b)(3) (b)(8) Driver lacking Education/experience No road test/certificate/class license Driver disqualified (a) Driving a CMV while disqualified Table 5. Vehicle Maintenance
7 Violation Shown Operating CMV with lamps/reflectors obscured 393.9(a) 393.9(a) 393.9(a) Inoperative head lamps ( 393.9H*) Inoperative turn signal ( 393.9TS*) Inoperative tail lamp ( 393.9T*) No/defective lighting devices/reflective devices/projected No/defective lamp/reflectortowaway operation (a) (b) No/defective lamps-towing unit-towaway operation No/defective towaway lamps on rear unit Inoperative/defective hazard warning lamp (a) (b) (b) Non-compliance with head lamp requirements Non-compliant fog/driving lamps Lamps are not visible as required Table 5. Vehicle Maintenance continued Violation Shown (e) Lamp not steady burning
8 393.25(f) Stop lamp violations Requirements for reflectors Tires/tubes (general) (a) Flat tire or fabric exposed (a)(1) (a)(2) Tire-ply or belt material exposed Tire-tread and/or sidewall separation (a)(3) Tire-flat and/or audible air leak (a)(4) (b) (c) (d) Tire-cut exposing ply and/or belt material Tire-front tread depth less than 4/32 of inch Tire-other tread depth less than 2/32 of inch Tire-bus regrooved/recap on front wheel All suspension violations (a) (b) (c) (d) (e) Axle positioning parts defecting/missing Adjustable axle locking pin missing/disengaged Leaf spring assembly defective/missing Coil spring cracked and/or broken Torsion bar cracked and/or broken (f) Air suspension pressure loss All steering violations Steering Mechanism 6 Y (a) Steering wheel not secured/broken Steering Mechanism 6 Y (b) Excessive steering wheel lash Steering Mechanism 6 Y (c) Loose steering column Steering Mechanism 6 Y (d) Steering components worn/welded/missing Steering Mechanism 6 Y (e) Power steering violations Steering Mechanism 6 Y
9 396.3 Tires (general)( 396.3A1T*) 396.9(c) Operating an Out-Of-Service (OOS) vehicle Vehicle Jumping OOS 396.9(c)(2) Operating an Out-Of-Service (OOS) vehicle Vehicle Jumping OOS Table 6. Improper Loading/Cargo Securement ALL IMPROPER LOADING/CARGO SECUREMENT WILL HAVE A VIOLATIONS SEVERITY OF 10 Table 7. Accident ALL AT FAULT ACCIDENTS WILL HAVE A VIOLATION
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