1. Guidelines for Fleet Risk Management 2-4

Transcription

1 FLEET SAFETY GUIDE

2 Table of Contents Page 1. Guidelines for Fleet Risk Management Sample Driver Screening Criteria 5 3. Accident Review Committee, Some Considerations 4. Fleet Maintenance Best Practices 7 5. Article: Who s The Better Driver How To Act At The Scene Sample Driving/Vehicle Policy Pre-Trip Vehicle Maintenance Checklist Walk Around Circle Check A Guide To Determine Accident Preventability (PDF)

3 GUIDELINES FOR FLEET RISK MANAGEMENT Driver Hiring & Screening 1. Job descriptions for those driving in whole or part for business should list driving as an essential feature of the job. This includes temporary or seasonal drivers. 2. Check driver s license status and motor vehicle records prior to firm employment offers. Obtain and file a photo copy of the driver s license Check to make sure the license is current Obtain an authorization to check the motor vehicle record of all potential hires Review the motor vehicle record pre-hire and file the results 3. Have written criteria for what counts as acceptable motor vehicle records. We recommend: Minimum year s of verifiable driving experience operating similar vehicles, e.g. five years of verifiable experience Develop written minimum standards for what counts as acceptable motor vehicle records, eg. No more than two minor citations in the prior three years (define minor ). No DUI violations or other traffic crimes in the previous five years. No more than one major violation (define major) in the past five years. No more than one vehicle accident in the previous three years 4. Ask candidates about their driving record or driving issues during the job interview & ask job references about a candidates driving performance Policies & Procedures 1. Develop policies requiring drivers operate in a safe and courteous manner, obeying all laws at all times 2. Codify in policy the minimum standards for acceptable motor vehicle records. Drivers failing to maintain acceptable standards can be terminated. 3. Policies should indicate whether personal and business MVR s will be considered. Be aware the drivers with serious driving issues only on the personal MVR, who then have a serious accident while driving on the job, can subject the employer to liability for failing to pay attention to the entire driving history. 4. Require all drivers to provide a copy of the driver s license yearly. Check the copy to make sure it is legible, current, and file it for reference. 3

4 5. Have a policy requiring MVR checks on a set basis, yearly if possible, but at least once each three years. Checks should be done more frequently if reasonable suspicion about the driving status arises. 6. Policies should require all drivers report any changes in drivers license status, as well as any accidents or citation immediately. Failure to report these changes should result in discipline 7. Policies should require all occupants of a vehicle to wear seatbelts at all times. 8. Policies should indicate when, if ever, passengers are permitted in vehicles being operated in the course and scope of employment by the employee. 9. Policies should indicate when, if ever, personal vehicles may be used for business. It is preferable that employees using personal vehicles for business provide the employer with proof of liability insurance prior to using the personal vehicle. 10. Policies should prohibit cell phone use by the driver while the vehicle is in motion Accident Procedures & Investigation 1. Develop a written procedure explaining how an employee should behave at the scene of an accident. The employee should not discuss fault with other drivers or witnesses and should make no commitments about what will happen. The employee should be instructed who to contact eg. 911, the police, the supervisor or risk manager, etc. Accident kits and cameras should be included in each vehicle. Employees should be trained in how to complete the accident kits, how to photograph an accident scene and the training should be revisited at least yearly. 2. The entity should investigate all accidents, obtaining the employees report, any police or other reports including the scene photographs, maintaining a file on each vehicle accident 3. There should be a written accident review process. The review should be done by a committee containing both management and non-management staff. Often the safety committee is the right choice. The committee should involve the employee in the review process. The committee should determine whether the accident was preventable. It is recommended that specific guidelines, such as the American Trucking Association or National Safety Counsel guidelines for preventability be employed as the Standard. 4. Following the preventability determination any appropriate discipline (verbal or written warnings, suspension, and termination) should follow. 5. The entities accident record should be reviewed at least yearly to determine whether there are trends are accidents increasing or decreasing/ are there trends in accident types (rear end, intersection, lane change, etc) are there increasing trends by department 4

5 are there trends by driver Counter measures should be developed to deal with negative trends. 6. Department supervisors and managers should be held accountable for department fleet results during their performance evaluations Driver Training 1. Defensive driving training should be provided all driving employees on a set schedule. It is advisable to do this yearly, but at least once every two years. 2. All new employees should receive defensive driving training as part of the new employee orientation process, and all seasonal drivers should be trained at the beginning of their seasonal employment 3. All training should be documented CDL Drivers 1. There should be a process insuring CDL drivers comply with the FMCSR and the Oregon Commercial Vehicle Code Drug and Alcohol Testing 1. Develop a policy permitting all non-cdl drivers to be drug and alcohol tested. The program could require random, post-accident and reasonable suspicion testing, or only reasonable suspicion testing. Vehicle Maintenance 1. There should be a written preventative maintenance for each type of vehicle 2. All inspections and repairs should be documented 5

6 Sample Driver Screening Criteria 1. No major violations in the previous three years. Major violations include: Driving under the influence of alcohol or drugs Driving while license is suspended or revoked Leaving the scene of an accident Reckless Driving Speeding in excess of 20 MPH over the posted limit Road rage incidents Other similarly serious violations 2. No more than two minor violations in the previous three years. Minor violations include: Speeding 20 MPH or less over the posted limit Failure to obey a traffic control or signal Improper lane change Failure to signal Failure to yield the right of way Other similar violations 3. No more than one at-fault accident in the previous three years. All accidents are considered at-fault unless proven otherwise. An accident counts as a minor violation. The criteria should also consider whether accidents and citations involving offduty driving in a personal vehicle count for the purpose of these rules. They should also consider whether to place a minimum age requirement for driving positions. 6

7 Accident Review Committee Some Considerations 1. Organize a standing accident review committee charged with reviewing all on-the-job incidents and accidents involving operation of motor vehicles. 2. This could be rolled into the safety committee responsibilities or it could be a stand-alone committee. 3. The committee could meet monthly or as incidents and accidents occur. However, the review should be conducted shortly after the facts of an accident are known. If litigation resulting from the accident occurs or is anticipated, the timing of the review should be discussed with defense counsel to insure the review does not prejudice the litigation. 4. Membership should include both management and employees. Consider a union-appointed member Employee-members should out number management members to give the committee more credibility with staff Someone from the involved employee s department should be involved; perhaps a rotating position is created for this purpose. The involved employee should present his/her version of the facts and should discuss the accident and ultimate finding with the committee. 5. The purpose of the committee is to make a finding whether the accident was preventable by the employee. There should be written guidelines what is to count as a preventable or not preventable accident. A written record should be created that summarizes the facts, the applicable standards employed and the finding. This should be filed and retained for a period appropriate under the records retention policies 7

8 Fleet Maintenance Best Practices 1. Fleet maintenance keeps a current list of all vehicles under its care. 2. There is a written preventative maintenance schedule for each type vehicle, consider heavy equipment and large trucks, busses, passenger vans, private passenger vehicles, police cars, etc 3. The preventative maintenance schedule includes: lube, oil & filter schedule tire replacement schedule manufacturer suggested scheduled maintenance 4. There is a written suggested replacement schedule. This can be based upon mileage, months in use, etc. 5. There is a process to flag when each vehicle is due for service. 6. There is a separate file kept on each vehicle, and all inspection, maintenance and repair activities are documented there. 7. When an inspection reveals nothing is to be done, this is documented and placed in the vehicle maintenance file. 8. A work order or other paperwork is generated each time a vehicle is brought in the shop. The work order: Indicates what is to be done The results of inspection, maintenance and repair activity Any additional items found to need attention. 9. The work order or paperwork is signed off when complete and placed in the vehicle maintenance file. 10. Each vehicle has a driver inspection form which must be turned in regularly indicating any potential maintenance issues the driver discovers. if vehicles are checked out each trip, the driver turns the inspection form in after the trip if vehicles are assigned to drivers, the inspection form is turned in on a set schedule, which might be each week, each month, certainly each time a problem is noted, etc. 11. The vehicle inspection form is signed off by the repairer/inspector indicating what was done, if anything, then filed in the vehicle maintenance file. 8

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14 What To Do At The Scene So, you just had a vehicle accident. Here are some things you should know. 1. Remain calm, conduct yourself professionally, do not argue or blame or discuss the facts or the responsibility for the accident. 2. Quickly determine whether anyone needs medical assistance and summon it immediately. 3. Call the police. Call your employer based on their policy and instructions to you. 4. If vehicles can be moved out of harms way do so. If not, use cones, flares or other traffic warning measures to protect yourself and others on the roadway from further risk of accident. 5. Obtain the name and phone number of other drivers and all their passengers. Note the name and phone of any passengers in your vehicle as well. 6. Obtain the name and phone number of all witnesses to the accident, and note where they were located when they witnessed the incident. Do this quickly as witnesses often leave the scene. 7. Take a few photographs of the accident scene that would show the direction of travel of each vehicle, and any traffic controls in place. 8. Fill out the accident report form that should be in the glove box of your vehicle, and do so in detail. 14

15 SAMPLE DRIVING/VEHICLE POLICY POLICY Driving is among the most hazardous tasks performed by employees and volunteers of [Entity]. Therefore, it is the policy of the [Entity] that employees and volunteers will follow safe driving practices. Safe driving practices include steps to ensure the driver's total concentration and safe operation of vehicles, such as determining clear directions before departing, refraining from operating equipment such as cell phones and radios while the vehicle is moving, and not operating a vehicle when the driver's ability to react is impaired. Drivers are expected to follow defensive driving principles, Oregon laws and regulations to prevent accidents in spite of unsafe driving by others and/or adverse driving conditions. Managers are responsible for enforcing this policy, and shall ensure all employees and volunteers who drive are notified of this policy and the potential consequences of policy violations. PROCEDURES [Entity] shall allow only drivers that meet the following eligibility criteria to drive on their behalf. [In larger entities, the department may delegate the responsibility to a specific position or individual to see that these criteria are met.] 1. Job Applicants When any position is being filled for which driving is an essential function, the driving record for the previous five (5) years shall be evaluated according to the following procedure: a. Any certification of eligible applicants sent to department managers for selection processes shall contain a reminder to conduct a driving record check through DMV prior to finalizing an employment offer. (NOTE: Employers may also request that a five (5) year driving history be provided with the application or provided at the time of interview). b. Hiring managers may offer employment contingent upon receiving a successful driving record check. However, it is suggested that the applicant s driving record is checked prior to a contingent hiring offer whenever possible. 15

16 c. If the applicant being considered for hire is from outside the State of Oregon, the hiring manager must request a copy of the applicant s driving record to be sent by fax or mail. d. Human Resources will complete the driving record check and send an to the appropriate department manager with the results. If the driving record does not meet [Entity] standards, the recommendation not to hire the applicant, will be made. e. If the supervisor requesting the hire wishes to contest this recommendation, an appeal may be made to the [Entity] Department Head, Administrator or Manager. A record of DUII, moving violations and/or accidents shall be considered in determining whether an applicant is acceptable (see Appendix A). 2. [Entity] Employee/volunteers Any [Entity] employee/volunteer must meet the following criteria in order to be allowed to drive on [Entity] business: a. Must possess a valid Oregon driver's license or provide an alternate means of transportation that is approved by the Manager/Administrator. b. Be at least 18 years old. c. Possess a valid Commercial Driver s License if driving a vehicle requiring such. d. If involved in with an at-fault accident on [Entity] business, an employee/volunteer is required to complete a defensive driving course within six (6) months of the accident (recommended). e. If in possession of an Oregon/Washington (or other State) driver's license, sign a release form allowing the [Entity] access to his/her motor vehicle records. f. If driving their personally owned vehicle, provide proof of insurance at the inception of this policy or when driving responsibilities that are covered by this policy begin and at any time there is a change to the policy, to their department manager evidencing liability limits no less than the State required minimum of 25,000 single occurrence/50,000 annual aggregate. g. In addition to the above requirements any [Entity] employee/volunteer holding a position that requires driving as part of the job duties (departments with a current process to do this (e.g., Public Safety, CDL drivers, etc.), shall continue and are exempted from this process) shall maintain an acceptable driving record, to be determined as follows: Upon assigning driving privileges or responsibilities to an employee/volunteer, the department shall provide pertinent 16

17 information by (e.g., name, date of birth, driver s license number) to Human Resources/Manager/Administrator for flagging purposes. The [Entity] shall establish an account with DMV and monitor the employee/volunteer's driving record by reviewing any flagged records. If a violation that occurs on work time falls into the categories noted in Appendix A, HR/Administration will inform the Manager/Administrator. Violations falling into the categories noted in Appendix A, as well as a pattern of violations, along with other factors, if relevant, will be used to determine if the employee/volunteer has an acceptable driving record. 3. Discipline Employee/volunteers who are found to have violated this policy or find any indications of misconduct involving vehicles may be grounds for disciplinary action up to and including termination. It is the intent of this policy that unsafe behavior be identified and corrected. Should discipline become necessary, it shall follow the [Entity] Personnel Policy/Manual and union contracts, as applicable. 4. Other Drivers In addition to [Entity] employee/volunteers, the following people can be allowed to drive vehicles on [Entity] business: a. An officer or agent representing the [Entity]. b. Another person designated to act on behalf of the [Entity]. Drivers who are not [Entity] employee/volunteers must meet the following criteria in order to be allowed to drive on [Entity] business: a. Possess a driver's license valid in the State of Oregon; and b. Be at least 18 years old; and c. Possess a commercial driver s license if driving a vehicle requiring such; and d. If driving their personally owned vehicle, provide proof of insurance to the department manager of the department within which they work evidencing liability limits no less than the State required minimum of $25,000 single occurrence/$50,000 annual aggregate. e. Obtain permission from Manager/Administrator within the area they are assigned. The following responsibilities apply to anyone who drives any vehicle on [Entity] business: 17

18 Driver Responsibilities 1. Drivers and passengers are required to wear seatbelts at all times when the vehicle is in motion. 2. Drivers shall have the vehicle s lights on when driving. 3. Drivers shall inspect vehicles at the beginning of each shift or prior to each trip to ensure that the vehicles are in safe operating condition prior to their use. This should include tires properly inflated (i.e., not visibly deflated), clean windows, mirrors properly positioned and all lights in working order. 4. Drivers shall comply with all applicable state and local driving laws, parking regulations, and all [Entity] and departmental safety policies and rules. All drivers and passengers shall wear a safety belt and the automobile s headlights must be on when the vehicle is in motion. 5. Drivers will drive according to the road conditions during inclement weather. Drivers will know how and be prepared, in advance, of bad weather/adverse weather and road conditions. 6. Drivers shall be held personally responsible and liable for any tickets received while driving a vehicle on [Entity] business. All tickets for moving violations and/or parking fines received while driving [Entity] vehicles shall be paid or otherwise resolved promptly by the driver. Drivers shall notify their supervisor within 48 hours of receiving any citation while in an [Entity] vehicle. 7. For photo radar or other citations issued against the vehicle's registration, the employee/volunteer s department will complete the "Affidavit of Non- Liability" or similar document issued with the citation to identify the driver. The driver shall be personally responsible and liable for promptly paying the fine or otherwise resolving the citation. 8. In the event of an accident on [Entity] business, drivers shall immediately contact their supervisor, and, if driving an [Entity] vehicle, follow all [Entity] instructions/procedures for reporting accidents. 9. A driver whose license has been suspended or revoked shall immediately notify his/her supervisor. 10. For employees who are required to drive or maintain a valid driver's license as part of their official duties, driving record convictions may be considered as grounds for disciplinary action up to and including dismissal, whether the offenses and infractions occurred during or outside work hours. Volunteers with driving record convictions on or off the job may be subject to reassignment or removal from volunteer placement. 11. Drivers shall ensure that any passengers who ride with them in an [Entity] vehicle or in any vehicle while on [Entity] business, other than those defined in the Passenger section on page 7, are authorized by their 18

19 supervisor. Drivers shall not transport passengers unless the passengers are wearing safety belts or other restraint devices in accordance with Oregon Revised Statutes. 12. In the event of a citizen emergency that requires the use of an [Entity] vehicle, managers can grant prior authorization under specific circumstances they establish. If an employee/volunteer on [Entity] business encounters a stranded motorist, please be aware: a.) there is no obligation to stop and render assistance, b.) you should consider all objective circumstances regarding your own personal safety before choosing to stop, c.) the only authorized action is to help connect the motorist with appropriate roadside assistance. 13. Drivers shall not drive [Entity] vehicles or private vehicles for [Entity] business when they are required to take medication that may impair their ability to safely operate a moving vehicle. If in doubt, the employee/volunteer should first obtain approval from his/her physician that it is safe to drive while taking the medication. If the employee/volunteer comes to work but due to the medication cannot drive, the employee/volunteer shall immediately inform their supervisor and ask for an alternate work assignment. If there is no work available, the employee/volunteer may be assigned to another department or sent home. 14. Employees/volunteers are expected to use good judgment at all times while driving on behalf of the [Entity]. In circumstances where the employee/volunteer is uncertain if he/she should be operating or continue to operate a vehicle (such as prescription or over-the-counter medication, extended or continuous shifts, end-of-day long distance travel, fatigue, poor weather or road conditions) the employee/volunteer is expected contact their supervisor/manager to assist in making the safest determination, of whether to continue to drive or not. Using Cell Phones while Driving The [Entity] encourages the safe use of cellular telephones by employee/volunteers who use these tools to conduct business for the [Entity]. However, when employee/volunteers are operating a vehicle, driving is the first responsibility. Employee/volunteers who use cell phones while on [Entity] business should refrain from making or receiving business calls while driving. If an employee/volunteer needs to make or receive a business phone call while driving, the employee/volunteer should make sure the vehicle is stopped and that he/she is parked properly and off the roadway to make or receive the call. Employee/volunteers must use common sense when using a cell phone and operating a vehicle. Concentration on driving should be the highest priority. Talking on a cell phone while driving, like adjusting the radio, eating, or writing a 19

20 note, makes it difficult to concentrate on driving. Therefore, if the content of a call impairs concentration, postpone the call until you can stop. Employee/volunteers who use cell phones must keep business conversations brief while driving. However, the vehicle should be stopped and parked in a safe and proper parking area if the conversation becomes involved, notes are to be taken, the traffic is heavy, or road conditions are poor. Employee/volunteers who are faced with an emergency, such as a traffic accident or car trouble, may find it necessary to make a phone call while driving. Vehicle Use 1. [Entity]-owned/supplied vehicles The [Entity] provides vehicles for use by qualified drivers to conduct official [Entity] business in the course and scope of their job and/or to maintain the ability to respond to [Entity] business outside the employee/volunteer's normal work hours when special equipment or tools are available in or on the vehicle. [Entity] vehicles shall not be used for personal business. Use of [Entity] vehicles to commute to and from work, except as stated above, is prohibited, unless approved in advance by the Department Head/Elected Official. 2. Privately owned motor vehicles The [Entity] allows use of privately owned motor vehicles to conduct official [Entity] business. A privately owned motor vehicle used for [Entity] business must be a conventional, at least four-wheel vehicle, and be in safe mechanical condition that is adequate to provide safe transport for the road and weather conditions. Vehicle equipment must conform to State of Oregon requirements. A motor pool vehicle or rental shall be used when a personally owned vehicle does not meet these standards. Vehicle registration and insurance must be current. 3. Insurance requirements a. The driver of a privately owned motor vehicle used to conduct official [Entity] business must be insured against liability (person and property) in an amount not less than the minimum requirements of the State of Oregon. Mileage reimbursement for the use of a privately owned motor vehicle is considered full payment (including deductibles, depreciation, insurance, maintenance, and fuel and operating costs) for its use. b. The vehicle owner is responsible for any comprehensive and collision coverage the owner may elect to carry. 20

21 4. Out-of-State rental vehicles The [Entity] provides excess liability coverage to supplement the coverage automatically provided by car rental companies. However, the Oregon Tort Claims Act does not apply outside of Oregon. For that reason, drivers shall purchase the offered insurance through the rental company. Excess liability coverage, collision coverage deductibles, and other charges not covered by the car rental company insurance will not be paid by the [Entity] if an accident occurs when the vehicle is used outside the scope of [Entity] business, (e.g., on an out-of-state trip where a rental vehicle is used for a non job-related side trip). Travelers are required to know the driving laws for any state they drive in, apply the criteria of common sense, propriety, and consider the relationship to business purpose to the use of rental vehicles and transporting passengers while on [Entity] business. Passengers Only authorized passengers are allowed to ride in [Entity] vehicles and other vehicles while in use for [Entity] business. Authorized passengers are: 1. [Entity] employees conducting [Entity] business; 2. Officer and agents representing the [Entity]; 3. Volunteers acting on behalf of the [Entity]; 4. Vendors and contractors working on behalf of the [Entity]; 5. Participants in official [Entity] business, training, tours and programs; 6. Representatives of other governmental agencies working with the [Entity]; 7. Anyone with prior authorization by the department manager or with specific authorization by the [Entity] Administrator, Elected Officials or other Manager/Administrator with authority to grant such approval. 21

22 APPENDIX A Requirements of an Acceptable Driving Record These requirements become effective on the effective date of this policy. 1. No class A infraction convictions during the past thirty-six (36) months and no more than one (1) class A infraction conviction between the past (36) and (60) months. 2. No more than one (1) class B infraction conviction during the past twelve (12) months and no more than two (2) class B infraction convictions during the past thirty-six (36) months. 3. No more than two (2) class C infraction convictions during the past twelve (12) months and no more than three (3) class C infraction convictions during the past thirty-six (36) months. 4. Demonstrated ability to maintain a driver s license without suspensions for the past sixty (60) months. 5. No felony or misdemeanor driving convictions within the past sixty (60) months. EXAMPLES OF VIOLATIONS LISTED BY CLASSIFICATION CLASS A INFRACTION Failure to obey a traffic flagger Driving while suspended (infraction) Careless driving (accident involved) Speed racing Speeding (30+ MPH over posted limit) Failure to stop for school bus CLASS B INFRACTION Passing in a no pass zone Failure to drive on right side of the road No operator s license Careless driving (no accident involved) Failure to obey a traffic control device Driving uninsured CLASS C INFRACTION 22

23 Failure to use traction devices Defective headlights Illegal U-turn Failure to yield to pedestrian in crosswalk Speeding (11-20 MPH over the limit) CLASS D INFRACTION Impeding the flow of traffic Failure to signal lane change Failure to display license plates Speeding (1-10 MPH over the limit) Failure to use safety belts Failure to change information on driver s license CLASS A MISDEMEANOR D.U.I.I. Reckless endangerment of a highway worker Providing false information to a police officer Hit and run (property damage) Reckless driving Driving while suspended CLASS B MISDEMEANOR Providing false information regarding liability insurance Providing false information on accident report CLASS C MISDEMEANOR Failure to display a driver s license Failure to return suspended license CLASS C FELONY Hit and run (injury) Attempting to elude a peace officer Driving while suspended/revoked 23

24 PRE-TRIP VEHICLE MAINTENANCE CHECKLIST Before you drive your vehicle any long distance get a pre-trip tune up and inspection. The following is a partial list of items to check on a daily basis. Add others as necessary: Engine Oil Level Cooling System Hoses Brake Lines Brake Operation Windshield and Wiper Blades Head Lights/Driving Lights Power Steering Hoses Exhaust System Parking Brake Operation Fan Belts Mirrors: Side, Rear-view Snow Chains (if applicable) Transmission Fluid Level Brake Lights/Turn Signals Brake Fluid Level Tail Lights/Reverse Lights Power Steering Fluid Level Tire Wear/Inflation Tire Balance/Alignment Spare Tire (condition) Horn Anti-freeze Level Heater and AC functioning Chocks, Bricks or Boards (to prevent vehicle from rolling off a jack or incline) Keep these items in your vehicle at all times, especially during long trips: First Aid Kit, Blanket, Spare Fuses, Shovel, Engine Fluids, Flashlight Extra batteries, Flares/Reflective Devices, Tool Kit, Extra Fan Belt (serpentine) Water, Fire Extinguisher, Jumper Cables, Duct or Electrical Tape Jack/Lug nut Wrench, Spare Tire (properly inflated), Sand, Kitty Litter (winter) VEHICLE # or Description: Employee Name Date and Time: Supervisor Initials: 24

25 Place check mark next to each item when identified as working or functioning properly. Circle items when malfunctioning, not working properly, or a problem has been identified. List problems below and seek repair or corrective action. VEHCILE DESCRIPTION: Employee Name: (Print) Date and Time: Supervisor Initials: 25