WORKPLACE LAW - Driven Employer

Question:

My business employs several delivery people who drive company vehicles. Also, some of my sales staff use their own vehicles to call on potential customers. Last year we had more vehicle accidents than ever before, and I am wondering what I can do to minimize this liability for my company?

Answer:

It is important to review your polices and training for employees who drive on company business. On January 24, 2006, the federal Occupational Safety and Health Administration (OSHA) published new guidelines for employers to help reduce motor vehicle crashes. The ten OSHA guidelines offer useful information to help employers design an effective driver safety program in their workplace. Following these steps helps to ensure that you hire capable drivers, only allow eligible drivers to drive on company business, train them, supervise them, and maintain company vehicles properly. The ten steps are:

  1. Involve senior management and employees in the program. Safety is important to all of your employees, so involve employees at every level of your company.
  2. Implement written policies and procedures relating to traffic safety and communicate them to all employees. Include policies relating to seat belt use, drug and alcohol use, and cell phone use.
  3. Obtain driver agreements with employees who drive for work purposes, whether they drive assigned company vehicles or drive their personal vehicles for business use. Define permissible uses of company vehicles.
  4. Obtain the driving records of all employees who drive for work purposes. Clearly define the number of violations an employee/driver can have before losing the privilege of driving for work, and provide training where indicated. Review employees’ driving records periodically to ensure that the driver maintains a good driving record.
  5. Require accident reporting and investigation. Adopt policies and train your employees concerning their responsibilities after an accident.
  6. Pay attention to vehicle selection, maintenance and inspection. Selecting, properly maintaining and routinely inspecting company vehicles is an important part of preventing crashes and related losses. Review the safety features of all company owned vehicles and vehicles used for company business.
  7. Adopt a disciplinary action policy to define the consequences after the occurrence of a moving violation and/or “preventable” crash.
  8. Develop a reward/incentive program to make safe driving an integral part of your business culture.
  9. Provide driver safety training and communicate about safe driving practices.
  10. Ensure adherence to highway safety regulations.

Employers may reduce accidents and potential liability by educating their employees about safe driving practices. OSHA recommends addressing the safety issues described below in an employee awareness and safe driving training program.

· Secure Materials for Transport. Tools or equipment should be secured while being transported to prevent unsafe movement of materials.

· Seat Belt Use. Seat belts are the single most effective means of reducing deaths and serious injuries in traffic crashes. They save nearly 12,000 lives and prevent 325,000 serious injuries in America each year.

· Distracted Driving. Distracted driving is a factor in 25 to 30 percent of all traffic crashes. Since drivers make more than 200 decisions during every mile traveled, it’s critical for employers to stress that when driving for work, safe driving is their primary responsibility.

· Alcohol and Drug Impaired Driving. Alcohol use is involved in 40 percent of all fatal motor vehicle crashes, representing an average of one alcohol-related fatality every 30 minutes. Businesses pay a high price for alcohol and drug abuse as alcohol is a contributing factor in 39 percent of all work related traffic crashes.

· Fatigued Driving. Fatigued or drowsy driving may be involved in more than 100,000 crashes each year, resulting in 40,000 injuries and 1,550 deaths. Train employees to make smart decisions when they’re behind the wheel, on and off the job.

· Aggressive Driving. Aggressive driving acts include excessive speed, tailgating, failure to signal a lane change, running a red light and passing on the right. The best advice is to avoid engaging in conflict with other drivers.

· Young Drivers. Historically, the 16-20 year old group is the age group that has the lowest seat belt use rate and is the most likely to engage in risky driving behaviors that include: speeding, driving while alcohol or drug impaired and when drowsy. It is important for employers with young workers to actively promote safe driving practices.

For more information on the safe driving guidelines go to www.osha.gov/publications/motor_vehicle_guide.pdf.
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