Motor Vehicle Safety Policy

MOTOR VEHICLE SAFETY POLICY

INDEX

1.0Introduction

2.0Responsibilities

3.0Hiring Policies and Procedures

3.1 Motor Vehicle Operation Selection

4.0Motor Vehicle Record Check

4.1Motor Vehicle Point System

4.2MVR Record Check

4.3Company Point System

4.4Preventable Accident

4.5MVR Bi-Annual Records Evaluation

5.0Corrective Action

6.0Motor Vehicle Driver Training

6.1Motor Vehicle Driver Training Program (Coaching the Van Driver II)

6.2Policy and Procedure Training

6.3On-Site Driving Test

7.0Employee Traffic Violation and Accident Report Responsibility

7.1Yearly Performance Review

7.2Vehicle Maintenance

7.3Accident Reporting and Investigation

Appendix

  1. Bi-Annual MVR Guidelines
  2. Employee Consultation
  3. Driving Supplemental Form
  4. Determining Preventability in Accidents
  5. Authorization to operate A Company Vehicle
  6. Vehicle Inspection Report
  7. Vehicle Maintenance Acknowledgement Form
  8. Company Vehicle Usage Notification and Guidelines Exceptions Only
  9. Cellular Telephone & Radio Agreement
  10. Employee Notification of Driving Issue
  11. Motor Vehicle Operator Statement
  12. Vehicle Accident Resolution Checklist

1.0Introduction

The safe operation of motor vehicles is indispensable in conducting our business and how each vehicle is operated directly affects each respective division of the company. Vehicular collisions are potentially the most costly losses that can be incurred when the summation of property damages, bodily injury, fatalities and liability suits is considered.

2.0Responsibilities

Motor Vehicle Operator

  • Follow guidelines set forth in this manual
  • Assure that the vehicle is safe to operate prior to and during daily operation
  • Drive safely, defensively and courteously
  • Abide by all Federal, State and local laws
  • Report any work related or personal vehicle accidents or moving violation immediately to your supervisor

Field Office Safety/Fleet Representative

  • Follow all aspects and requirements of this guide
  • Assure the performance standards of all drivers are maintained
  • Perform driver training and new employee safety orientation as well as on going training for experienced drivers.
  • Conduct driving related meetings once a month
  • Investigate all vehicle accidents immediately and complete supervisor vehicle accident report form
  • Assure proper maintenance and inspection of vehicles

General Managers

  • Consistently enforce the motor vehicle safety program
  • Ensure managers and supervisors adhere to and enforce all motor vehicle required activities
  • Review all vehicle accident investigations and report them within 24 hours
  • Audit driver performance (MVR review, Drivers Alert Calls, etc.)
  • Review and approve all new hire motor vehicle paperwork

Safety Department

  • Review all vehicle accident reports and make recommendations for corrective action to office General Manager when appropriate
  • Continuously monitor the effectiveness of the motor vehicle safety program
  • Assist in providing training materials, including the monthly motor vehicle training
  • Perform bi-annual motor vehicle record checks on all employees who operate a company vehicle.

Human Resources

  • Perform pre-employment motor vehicle record checks and drug screening.
  • Assist in conducting employee consultations based on results of Safety’s bi- annual motor vehicle record checks
  • Maintain driver motor vehicle records

3.0 Hiring Policies and Procedures

Placing sufficient emphasis on selecting the best available driver will aid in avoiding accidents and associated injuries. Currently, HR performs an MVR (Motor Vehicle Record) check and a drug screen for each potential new employee. Both the drug screen and the MVR check must be completed and reviewed and approved by HR before an offer is made to a potential new employee

Additionally candidates applying for a position that requires operating a Vehicle must complete an “Employment Application Driving PositionSupplement’ (see appendix C) in addition to the application for employment.

.3.1Motor Vehicle Operator Selection

Pre-Hire Application Screening

  • Must be 18 years of age
  • High School Graduate or GED
  • Valid driver’s license for state of residence or place of employment
  • Review Application Driving Position Supplement for Points

Interview Process (Vehicle Operation Only)

  • Interview which covers driving experience
  • No restrictions that would prevent him/her from legally or safely operating the assigned vehicle.
  • Review of MVR provided by HR

Each HR representative will initiate an MVR Check (Human Resources will disqualify a candidate for hire if that candidate has 7 or more company points in 3 years or 4 or more company points in the past 12 months.)

Drug/Alcohol screen (Positive test is an automatic disqualification for any position however applicant may reapply after 12 months)

4.0Motor Vehicle Record Check

4.1Motor Vehicle Point System

Each of the Fifty States has developed their own unique point structure and abbreviations for Motor Vehicle violations so that no standard point structure is available to determine Safety has worked with our supporting insurance companies and other MVR reporting agencies to establish a national point structure that will be used by all of to evaluate fairly and consistently all MVRs nation wide.

Safety uses a national reporting company to pull MVRs. The MVR provided by this company will not be laid out the same as a state issued MVR. The reporting company MVR may contain more detailed information than a state provided MVR.

4.2MVR Records Check

If a potential new employee will be required to operate a vehicle as part of his/her job requirements, an MVR check must be completed by HR before an employee may be offered employment. A driver’s license is valid for Company purposes ONLY if issued in the state of employment. Out-of-state licenses must be replaced with a current state license before operating a company vehicle.

Exception: Employees that live and are licensed in their state of residence but work in another state are excluded.

A company point structure has been established to evaluate new hire and current employee motor vehicle records. If a potential new employee meets or exceeds seven (7) company points total within the previous three (3) years or exceeds 4 company points within the previous 12 months, they are not eligible for a position that requires driving a vehicle.

The same company point policy applies to existing employees as in the hiring process in terms of points assigned to traffic violations or motor vehicle offenses. Driver must not meet or exceed 7 points accumulated in a three year period. Motor Vehicle Records will be obtained on all company vehicle drivers every six months by Safety. Each MVR received will be reviewed by Safety in a timely manner and evaluated for compliance with the point system. General Managers and HR personnel will receive results of the MVR review and must apply corrective action in a timely manner. A copy of all records will be maintained in official employee file and a copy of all corrective action, notifications and supplemental driver forms must be sent to Safety.

Automatic Disqualification to operate a motor vehicle

No potential new employee or current employee will be allowed to drive a Company vehicle or a non-owned or hired vehicle (including personal vehicle) on Company business if their MVR reveals:

Murder or assault with a motor vehicle-vehicular homicide

Theft of a vehicle

Hit and run

Negligent homicide

An alcohol related offense in the past 3 years

Illegal drug offense in the last 3 years

4.3 Company Point System

7 point offenses:

DWI, DUI, OWI (alcohol or drugs)

Reckless driving resulting in bodily injury or property damage

Fleeing a police official

Leaving the scene of an accident

Driving with a suspended/cancelled/revoked license

Racing on a public road

Two preventable (see definition below) accidents (first preventable accident 3 points, second preventable accident 4 points)

4 point offenses:

Speed in excess of 15 mph over posted speed limit

Failing to stop for a school bus

Failing to stop at a railroad crossing

3 point offenses:

Failure to obey a traffic control devise

Failure to yield right of way

Speed too fast for conditions

Following too close

Careless/reckless driving

One preventable accident (see definition of preventable below)

2 point offenses:

Speeding 1-15 MPH over the posted speed limit

Improper passing or lane change

Improper backing or turning

Failure to have vehicle under control

Improper enter/exit traffic way

Defective vehicle

1 point offenses:

Seat belt violations

Failure to use turn signal

Improper stop/parking

Note: Driver’s Alert calls will be factored into MVR reviews. Three valid Driver’s Alert calls as defined in Driver’s Alert Policy within 6 months (compliments excluded) will result in 3 company points being added to the MVR review.

Any preventable accident in a Dish vehicle will be reviewed and factored into the MVR review. One preventable accident is the equivalent of 3 points and two preventable accidents is 7 points.

4.4Preventable Accident

A preventable accident is one in which the driver failed to exercise every reasonable precaution to prevent the accident. In order for a person to avoid being involved in a preventable accident, each driver must understand and practice the concept of defensive driving. Defensive driving is driving so as to prevent accidents in spite of the incorrect actions of others and adverse driving conditions (such as light, weather, road, traffic, vehicle condition and your physical and mental state). See appendix D for guidelines in determining preventability.

Any person that acts in reckless disregard of the consequences to the safety or property of another may be subject to termination if they are deemed incompetent or pose a risk to the company, themselves or the public.

4.5MVR Bi-Annual Records Evaluation

The Safety Department will review each driver’s fitness to operate a vehicle every 6 months. This will include Driver’s Alert, MVRs and supporting documents. The review will ensure that all motor vehicle operators have a current driver’s license and do not exceed the three year allowable point structure. personnel who exceed the allowable point structure will be notified and appropriate action will be taken as outlined in the corrective action section of this document. Additionally personnel who are close the 7 point cutoff will be notified. Appendix A provides the process for the bi-annual MVR pull.

5.0 Corrective Action

Upon completion of the bi-annual MVR review conducted by Safety Department, several courses of action may result.

Corrective Action for Motor Vehicle Records

MVRs are personal and confidential; the information should only be discussed with the employee, their supervisor or any other person that is authorized to know.

Offense/ViolationCorrective Action

7 points in 3 yearsNot eligible to drive – termination *

- DWI, DUI, OUI (alcohol or drugs)In the event an employee receives a citation

- Reckless driving resulting in bodily for a DWI, DUI, OUI they’ll be put on unpaid

injury or property damageleave of absence for up to 30 days. If not

- Fleeing a police officialresolved in that time, employee will be

- Leaving the scene of an accidentterminated and eligible for rehire when license

- Driving with a suspended licenseis reinstated if there is an open position.

- Racing on a public road

- 2 preventable accidents in 3 years

Suspended/Cancelled/Revoked

/Expired License Not eligible to drive – drivers must be placed on unpaid leave until the license is reinstated for up to 30 days. If not resolved in that time, employee will be terminated and eligible for rehire when license is reinstated if there is an open position.

4-6 pointsWritten warning, inform of MV policy

point system.

1 Preventable AccidentWritten warning, inform of MV policy

point system.

No Record FoundEmployee must provide copy of MVR

Employees may contest the findings of our MVR review by providing a current copy (within 30 days) of their MVR and driver’s license. However, if the points are 7 or more, then the employee is put on unpaid leave for up to 30 days or until issue is resolved. Drivers must have a valid driver’s license for the state of employment.

Employees who receive any moving violation must notify their supervisor of the incident within one working day of the incident. Any corrective action will be evaluated based on the type of incident and severity of the incident at this time. Any changes to the status of the violation should be brought to the attention of the employee’s supervisor as soon as possible.

6.0Motor Vehicle Driver Training

The Motor Vehicle Training Program has been divided into three parts:

Defensive Driving Course Training (Coaching the Van Driver II)

Policy and Procedure Training

On-Site Driving Training

6.1 Motor Vehicle Driver Training Program (Coaching the Van Driver II)

A representative at each field location will provide all new hires that will have company vehicle driving responsibilities, the training outlined in the Motor Vehicle Safety Program. Additionally, each driver must successfully complete this course in order to drive a company owned vehicle or any vehicle while performing work for the Company. This class must be successfully completed prior to a new employee operating a vehicle without a driving coach present. Upon successful completion of this course, the driver will be given a certificate of completion. Note: Employees who do not drive a company vehicle but do drive on company business need only attend classroom driver training.

6.2 Policy and Procedure Training

Company motor vehicle safety policies and procedures have been established, and must be reviewed as part of the new employee training program. A Policy and Procedure Acknowledgement form is included with this section of the training. This acknowledgement should be kept in the employee’s personnel file.

6.3On-Site Driving Test

An on-site driving test will be set up and company vans will be used for training and testing, to familiarize each driver with vehicles.

The Defensive Driving course includes training in the following areas:

Vehicle Inspection

Vehicle Characteristics

Safe Driving Skills

Driving Environments

Special Considerations

Collision Reporting Procedures

Cargo loading review

Backing

Antilock Brake System

Emergency Equipment & procedures

Speed

Seat Belt

Riders

Radar Detectors

Radios

Accident Reporting

Violation Reporting

7.0 Employee Responsibilities: Accident Reporting

It is the responsibility of each person who drives a company vehicle to maintain a current driver’s license. If an employee receives a moving violation (other than a parking violation), is involved in an accident or has his/her license suspended/revoked while operating a company vehicle it must be reported immediately and documented in writing (see Appendix M Employee Notification of Driving Issue form). Failure to notify the supervisor of traffic violations and/or accidents within the same work day will result in disciplinary action up to and including termination.

If the violation occurs in a personal vehicle on employee’s own time, employee must report the violation to their supervisor on their next work day. This notification must be in writing (see Appendix M Employee Notification of Driving Issue form) and will be kept in the employee’s personnel file..

Failure to notify management in writing of a moving violation within the designated time:

  • Under 7 points will result in employee suspension without pay for 2 days
  • 7 points or over is immediate termination and employee is not eligible for rehire

Notification of a violation that is 7 or more points – employee will be terminated. This will not prevent employee from being eligible for re-hire once the violations scroll from the driver’s record.

7.1Yearly Performance Review

A ‘Driving Review’ will be part of an employee’s yearly performance criteria. Their driving record for the year becomes part of the qualification for a salary increase. This includes a review of motor vehicle accidents, the motor vehicle accident log, Driver’s Alert and MVRs.

7.2Vehicle Maintenance

The driver is responsible for a daily vehicle maintenance check and for alerting their supervisor to any problems with the vehicle as well as any routine servicing appointments. Any company vehicle reported unsafe to operate will immediately be removed from service until required maintenance is completed and documented. There are no exceptions to this procedure. The vehicle inspection report must be completed daily and kept in the vehicle’s maintenance file. A copy of the vehicle maintenance inspection report is included here. (See appendix J)

7.3Accident Reporting and Investigation

Any accident (or damage to vehicle) involving a Company vehicle (including private, rented or leased vehicles used on official Company business) regardless of severity must be reported to the driver’s supervisor immediately. Motor vehicle operator must submit to a post accident drug screen immediately after leaving the accident scene.

Note: Any employee involved in a preventable accident in a company vehicle will be given one day of suspension without pay and will be required to attend a one day new employee driver training course before returning to driver duties (see appendix D for definition of preventable).

It is our Corporation’s policy that drivers should not admit to responsibility for vehicle accidents occurring while on official business. It is important that such admissions, when appropriate, be reserved for the Company and its insurance carrier. The law requires that each driver involved in a vehicle accident show his/her driver’s license on request by the other party. Be sure to obtain accident information on the drivers involved as well as on the owners of the vehicles. All company vehicles must have an Accident Report Kit. This kit should contain a camera and form for information to be collected at the accident scene. The form should be filled out in its entirety. Pictures of the accident scene should be taken from all angles including skid marks and weather conditions.

In case of a collision with an unattended vehicle (or other property), the driver of the moving vehicle is required by law to notify the other party and to exchange information pertaining to the collision. If the driver is unable to locate the other party, the driver should leave a note attached to the vehicle giving the driver’s name, company address, and vehicle license plate number. Driver must submit to a post accident drug screen.

All automobile accidents must be reported to Safety, the general manager and our auto insurance carrier (see appendix M) within 24 hours of the accident. Employee accident reports, supervisor accident reports and witness reports must be completed immediately after the accident.