OSBIE s Best Practices Program for School Board Transportation Consortiums

Transcription

1 School Board Transportation Consortiums The documents contained within this manual are intended for OSBIE member transportation consortiums as a guide to developing a risk management program that conforms to these guidelines. Where possible, transportation consortiums are encouraged to adapt these guidelines to fit local needs, and to exceed the guidelines where feasible.

2 Condition #1 Operations Risks Operational risks are those that can occur as the result of the day-to-day operations of any business. There are ways to manage or minimize these risks and prevent losses to your organization. When looking at the transportation consortium business, the following categories of operational risks have been identified and having policies and practices in place would help minimize these risks. If in place, these policies will comply with one of the criteria making up Ontario Transportation Consortiums Best Practices Program. A. Premises Occupier s Liability Transportation Consortiums and School Boards alike have an obligation as the owners/occupiers of their facilities to meet the standards as set out in the Occupiers Liability Act. This obligation includes the responsibility for ensuring that the premises and equipment on the premises are properly maintained and free from hazards for the safety of visitors invited or uninvited. This means that walkways, parking lots, stairs and equipment etc. must be maintained to a safe standard. i. Snow removal log books complete and current. ii. Controlled access, building security (only front door unlocked). iii. Evidence that maintenance activities are logged (sidewalk and stair repair) B. Staff hiring/training practices Employees are any organization s greatest assets. By implementing and following staff hiring and training practices we are protecting not only our organization but also, our employees from harm that can occur in the workplace. i. Hiring policy that promotes qualified and competent staff be hired (example: references checked) ii. Regulations under the Education Act Documented Criminal Record Checks and Offence Declarations 1

3 C. Documented response to safety complaints A safety complaint is a record of a problem experienced by visitor to your premise (i.e. pothole in parking lot) or a student/parent using your transportation service (i.e. bus driver conduct). A documented procedure to receive, record and respond to safety complaints that: Obtains sufficient information regarding the subject of complaints; Initiating an appropriate and timely response to complaints; Creating appropriate documentation regarding complaints, and Effectively resolves the complaints. D. Bus Accident and Student Incident Reporting A documented procedure to received, record and respond to bus accidents or student incidents that: Outlines the duties of the Transportation Consortium Outlines the duties of the Bus Driver/Bus Operator Outline the duties of the School Principal (for example: OSBIE incident reporting) 2

4 Condition #2 - Bus Patroller Programs OSBIE s liability policy extends coverage for the negligent act of bus patrollers while acting within the scope of their patroller duties. As such, ensuring that the proper documented safety training occurs in compliance with the patroller program s (such as Canadian Automobile Association s) could be the key in assisting to defend a claim against a school board or transportation consortium responsible for managing such a program. i. Policy that defines the patroller program as centralized, consistent and systematic. ii. Documented use of Canadian Automobile Association Patroller Program or equivalent program. iii. Periodic documented review of lessons and safety instructions for patroller. a. OSBIE recommends that in addition to the initial training, a review of lessons and safety instructions be reviewed at least at one other time during the school year. 3

5 Condition #3 Bus Operator Audits During a Bus Operator Audit, school bus operations are measured against their stated maintenance policies set out by the Ministry of Transportation. Vehicles are also inspected to ensure they are compliant with legislated standards, maintenance records are complete and driver records and logbooks have been filled out properly. This process may be done by a third party company reporting to the Transportation Consortium or internally by an employee of the Transportation Consortium. OSBIE Best Practices Program would want to ensure that the audit of the bus operators will report on and provide recommendations for the follow areas: Safety A review of Hiring Practices for Bus Operators: Review written hiring policies, procedures and practices Review driver training prior to them being assigned a unit Review driver evaluation procedure and verify if they are followed Review policies and procedures re driver spot checks A review of Driver Meetings: Review how often safety meetings are held What topics are covered: is attendance recorded? Who conducts training and what qualifications do they hold. Are outside training sources utilized? A review of post accident policies and procedures: Review written policies on accident review if any. Review current accident files. Review company s definition of an accident. Review tolerances for accidents and discipline if any. 4

6 Maintenance A review of pre-trip documentation and training procedures: Driver training concerning pre-trip inspections. Review of paper trail of pre-trip inspections to what is actually performed. Review work orders and follow paper trail to unit files. Conduct random visual inspections of a few units i.e.: conduct pre-trip inspections ourselves. Review maintenance schedule against work performed. Contingency Plans Review any contingency plans in place concerning: Units that won t start. Drivers who report sick. When a unit in service breaks down. 5

7 Condition #4 Bus Route Liability Probably one of the largest areas of risk to your organization is management of the bus routes and the liability exposure as a result of improper management of these routes. Having written policies in place for the following: i. Student drop pick-up/drop-off protocol ii. Policy in place for designated stops only iii. Route safety policy for same side drop-off/pick-up, not stopping on blind hills, busy intersections etc. iv. Communication procedure for route changes/stop changes v. Procedures for JK/SK drop-off (return to school policy) vi. Centralized procedure to manage one-time riders (going to a friend s house) vii. Route Mapping Software in use 6

8 Condition #5 Bus Operator Insurance Contracts One area through which transportation consortiums can reduce their exposure to the risk of lawsuits is to ensure that contracted vehicles operating on their behalf are adequately insured. Elements of the contract should include: The Bus Operator shall indemnify and hold harmless the Consortium and its Member School Boards review copy of this indemnity and hold harmless agreement. Evidence of Insurance Evidence in the form of a certified copy of an insurance policy, issued by the underwriting company, providing at least the minimum insurance coverage outlined below. Automobile Insurance The Operator shall maintain, in respect of each motor vehicle used for transporting pupils, automobile insurance with an insurance company licensed to do business in the Province of Ontario and Dominion of Canada insuring the Operator for public liability, passenger hazard and property damage, all inclusive, with coverage per incident as follows: $ 1,000, for a vehicle with a seating capacity of not more than 7 persons, and $ 5,000, for a vehicle with a seating capacity of 8-12 persons, and $ 8,000, for a vehicle with a seating capacity of 13 or more persons General Liability Insurance The Operator shall provide comprehensive general liability insurance in an amount of not less than $5,000,000.00, inclusive, and such policy shall name the Consortium and its Member School Boards as Additional Insured. A certificate of Insurance, showing that the Consortium and its Member School Boards have been added as Additional Insured is required. 7

9 Condition #6a Taxi Contracts and Paid Parent Drivers Taxis operating on behalf of the Consortium can also pose a similar risk exposure as bus operators. Ensuring that taxis are adequately insured, have safe vehicles, licensed drivers and driver selection policies in place will comply with one of the criteria making up Ontario Transportation Consortiums Best Practices Program Elements of the contract should include: The Taxi owner/operator shall indemnify and hold harmless the Consortium and its Member School Boards. Evidence of Insurance Evidence in the form of a certified copy of an insurance policy, issued by the underwriting company, providing at least the minimum insurance coverage outlined below. Automobile Insurance Coverage Proof that each taxi has a minimum $ 1,000, of automobile insurance General Liability Insurance Coverage The Taxi owner/operator shall provide comprehensive general liability insurance in an amount of not less than $2,000,000.00, inclusive, and such policy shall name the Consortium and its Member School Boards as Additional Insured. A certificate of Insurance, showing that the Consortium and its Member School Boards have been added as Additional Insured is required. Taxi agreements/policies in place regarding: i. Vehicle safety regular maintenance records ii. Driver licensing current driver abstracts iii. Driver selection criminal records checks 8

10 Condition #6b Taxi Contracts and Paid Parent Drivers By using OSBIE s Paid Parent Driver Form (sample provided on next page) or similar document paid parent drivers can be made aware of the insurance, licensing and vehicle safety requirements when transporting students on behalf of the Transportation Consortium. In addition, a contact for services should be signed and kept by the Transportation Consortium in order to receive full compliance for this section of the Best Practices Program. The Paid Parent Driver Form outlines the following information: Valid Driver s License Mechanically fit vehicle Valid third party liability automobile insurance as required under Ontario Legislation Prompt written notice of accident arising out of the transport of students on behalf of the transportation consortium. Details about the excess automobile liability insurance carried by the transportation consortium. Damage to parent s vehicle, cost of deductible or premium adjustment as a result of an accident while transporting students on behalf of the transportation consortium is NOT covered by the excess automobile liability insurance carried by the transportation consortium. 9

11 PAID PARENT DRIVER AUTHORIZATION TO TRANSPORT STUDENTS This will authorize (Name of driver) The Transportation Consortium will pay parents to drive their children to and from school in exceptional circumstances. School(s): 3. Vehicle Information: MAKE: MODEL: YEAR: LICENSE #: NOTE: ALL DRIVERS ARE ADVISED THAT, IN ORDER TO BRING INTO EFFECT THE CONSORTIUM S EXCESS LIABILITY INSURANCE, THEY MUST: (A) Use a licensed automobile which carries valid automobile Third Party Liability insurance as required under Ontario legislation; (B) Provide the consortium with prompt written notice, with particulars, of any accident arising out of the use of a licensed automobile during consortium related business; (C) Be aware that the consortium s Excess Automobile Liability insurance comes into effect only after the vehicle owners primary Third Party Liability insurance limit has been exhausted; (D) Be aware that any damage to the paid parent s vehicle, the cost of any insurance deductible or premium adjustment as the result of an accident while the vehicle is being used on approved business is NOT covered by the transportation consortium s Excess Automobile Liability insurance. NOTE: Operating a vehicle for compensation may affect vehicle/driver licensing requirements or auto insurance premiums. Vehicle owners should contact the Ministry of Transportation for details, and should contact their insurer to advise of this change DECLARATION TO BE SIGNED BY DRIVER - I declare that I hold an unrestricted driver s license and am authorized to drive in Ontario, and my vehicle is insured by a valid automobile liability insurance policy as required by Ontario law. - I declare that the vehicle described above is mechanically fit and that there are seat belts in working condition for all passengers. Signature Date 10

12 SUMMARY OF INSURANCE (1) Paid Parent Drivers Ontario legislation makes automobile insurance compulsory in the Province of Ontario. The same legislation makes the owner s insurance primary coverage in the event of an accident - in other words, the insurance carried on the vehicle responds first. If a vehicle which is not owned by the transportation consortium is being operated by a volunteer, paid parent driver or any other employee for approved business activities, the transportation consortium s Non-owned Automobile Insurance endorsement will respond to Third Party Liability claims in excess of the owner s insurance limit up to a total combined limit as stated in the Non- owned Auto policy. There is no coverage provided by the transportation consortium s insurance for damage to volunteer s, paid parent driver s or employee s vehicles while they are being operated for the transportation consortium s activities. According to Provincial legislation, passengers who are injured would recover Accident Benefits coverage from their own or a parent s automobile policy. In the absence of a personal or family automobile policy, the passenger would then be eligible to recover benefits from the insurance policy covering the vehicle in which they were riding. (2) Personal Automobile Insurance Coverage For the personal protection of paid parent drivers, it is recommended that drivers carry a minimum of $1 million of Third Party Automobile Liability insurance. Volunteers, paid parents drivers and employees who use their personal vehicles for transporting students should advise their insurance carrier. 11

13 Condition #7 Staff fidelity exposure The following risk management recommendations can reduce any organization s exposure to fraudulent actions by corporate/administrative employees: i. Cash management process standard cash management practices in place (OASBO Finance Protocol). ii. Annual finance audit iii. Segregation of duties dual signing authority on cheques (over $5,000), disbursements, electronic funds transfers; separate duties between staff approving payments and staff producing cheques or enacting the transaction; iv. Tendering protocol/policy in place (OASBO Transportation Committee Contract Template) 12

14 Condition #8 Business Continuity/ERP An appropriate Emergency Response Plan (ERP) is essential for all organizations. Given the nature of school bus operations, it is foreseeable that emergency situations will occur from time to time, and your operation s ERP may be the only thing separating disaster from inconvenience for your organization. The Transportation Consortium s business continuity/erp plan should address two areas of loss: Service interruptions from a contracted supplier and a business continuity plan of the consortium s operations in the event of emergency. A. Suppliers - back-up route coverage i. Spare drivers, resource pool ii. Reciprocal agreement with other contractors B. Emergency i. Early dismissal policy ii. Individual bus breakdowns/delays iii. Cancellation procedure iv. Inclement weather policy 13