9-01.13. STAFF MOTOR VEHICLE USE PURPOSE: The purpose of this policy is to comply with insurance requirements for LifeWays positions that require an employee to drive a vehicle as an essential function of his/her position. Travel by automobile is an essential function of several LifeWays positions. LifeWays insurance carrier requires that LifeWays has a policy in effect that ensures a review of motor vehicle records prior to hire, and annually thereafter of applicable staff. It also requires staff certify they have a valid driver's license and vehicle insurance, and that LifeWays has a procedure for investigating accidents. In furtherance of the insurance requirement, LifeWays requires those employees to maintain a valid driver's license and vehicle insurance, and report accidents that occur while driving on LifeWays business. All employees whose essential duties include travel by using their personal automobile must sign the "Acknowledgement of Driving Responsibilities Personal Vehicle Use form and (if applicable) an Operating LifeWays Motor Vehicle/Transport Consumers Driver Agreement. DEFINITIONS Type A Violation - Includes (but not limited to) DWI/DUI/OWI/OUI, Refusing Substance Test, Reckless Driving, Manslaughter, Hit and Run, Eluding a Police Officer, any Felony, Drag Racing, License Suspension, and Driving While License Suspended. Type B Violation - Includes vehicle accidents. Type C Violation - Includes all moving violations not classified as Type A or Type B (Speeding, Improper Lane Change, Failure to Yield, Running Red Lights or Stop Signs, No Seat Belt, etc.). PRE-EMPLOYMENT When an individual is being considered for employment where their essential functions will be transporting consumers or driving the agency vehicle, LifeWays Human Resources staff will review the person's Motor Vehicle Record (MVR). The individual may not be employed if any of the following violations are documented: One or more Type A Violations in preceding 60 months. Three or more Type B Violations in preceding 36 months. Three or more Type C Violations in preceding 36 months. One Type B Violation and two Type C Violations in preceding 36 months. Two Type B Violations and One Type C Violation in preceding 36 months. Prospective employees should be advised that a problematic driving record might result in the withdrawal of a job offer. Page 1 of 4
Motor Vehicle Records will be requested by Human Resources, reviewed, and placed in the employee's confidential personnel file. ESSENTIAL FUNCTIONS OPERATE AGENCY VEHICLE OR TRANSPORT CONSUMERS This policy applies to all employees who drive the agency vehicle or transport consumers for LifeWays business as an essential function of their position. A copy of the employee s current valid Michigan driver's license and insurance coverage must be provided. The employee must inform Human Resources within one business day if his/her license is no longer valid or is restricted. If an individual is on a restricted license, (e.g., a work permit, due to traffic violations, DUI convictions) that person's driving privileges will be reviewed against the previously identified areas. The individual must also notify Human Resources of any lapses in auto insurance coverage within one business day. Employees transporting consumers must possess and provide proof of a chauffeur license. Failure to comply with any item or responsibility may result in disciplinary action up to, and including, termination of employment. Employees should also be advised that during the course of their employment, anyone who has the following violations will not be allowed to drive the agency vehicle or transport consumers. This applies whether the citations are received during business hours or on personal time. Violations need to be reported to Human Resources within one business day of occurrence. Failure to comply with any item or responsibility may result in disciplinary action up to, and including, termination of employment. One or more Type A Violations in preceding 60 months. Three or more Type B Violations in preceding 36 months. Three or more Type C Violations in preceding 36 months. One Type B Violation and two Type C Violations in preceding 36 months. Two Type B Violations and One Type C Violation in preceding 36 months. ANNUAL CHECKS If a job description indicates driving the agency vehicle or transporting consumers for LifeWays as an essential function, all employees in these positions will have a motor vehicle record check completed not less than every 365 days by Human Resources. If the check identifies the following criteria, Human Resources will continue to check that employee's driving record in six-month increments until the employee no longer meets the criteria or receives additional violations. Two Type B Violations in preceding 36 months. Two Type C Violations in preceding 36 months. One Type B Violation and One Type C Violation in preceding 36 months. ESSENTIAL FUNCTIONS - PERSONAL VEHICLE USE FOR BUSINESS PURPOSES This policy applies to all employees who drive vehicles for LifeWays business as an essential function of their position. A copy of the employee s current valid driver's license and insurance coverage must be provided. The employee must inform Human Resources within one business day if his/her license is no Page 2 of 4
longer valid or is restricted. The individual must also notify Human Resources of any lapses in auto insurance coverage within one business day. Employees shall not transport consumers in their personal vehicles. Failure to comply with any item or responsibility may result in disciplinary action up to, and including, termination of employment. Further, employees should be advised that while operating their own vehicle for LifeWays business: 1. The employee's personal auto liability insurance is the primary payer. LifeWays insurance is in excess of employee coverage. 2. LifeWays insurance carrier recommends employees carry at least $300,000 per occurrence liability coverage. Employees should check with their own insurance carrier for further information. 3. LifeWays is not responsible for physical damage to employees' vehicles. Employees must carry their own collision and comprehensive coverage. STANDARDS A. Employees are expected to obey all traffic rules and regulations while driving for LifeWays business purposes. Employees are personally responsible for the cost of all traffic citations and parking tickets. B. Employees are personally responsible for the cost of their personal insurance including any premiums or deductibles that may occur. C. Employee s personal driving time is not considered work hours. D. Any employee who has a medical condition which restricts his/her ability to drive is required to report this information to his/her immediate supervisor. Any future use of an agency-owned vehicle will require the written authorization from a physician to operate a motor vehicle. E. If at any time an employee is taking prescription or over the counter medication which induces drowsiness or other symptoms which would impair his/her driving, the employee must immediately report this to his/her supervisor so that arrangements can be made for appropriate coverage. Under these conditions employees are restricted from operating an agency-owned vehicle. The supervisor is responsible to keep Human Resources updated on the restriction and when the restriction will be lifted. F. In cases of temporary illness which impairs the employee's ability to drive, the employee should immediately contact his/her supervisor for appropriate coverage. G. If a job description is changed to include driving as an essential function, transportation of consumers, and/or driving the agency vehicle all affected employees will have to adhere to the appropriate procedures and sign the appropriate forms. Failure to comply with any item or responsibility contained in all Vehicle Use Policies may result in disciplinary action up to, and including, termination of employment. Page 3 of 4
REFERENCES LifeWays Operating Procedures 5-08.02 Transportation of LifeWays Consumers 11-01.04 LifeWays Vehicle Maintenance & Operations Attachments Attachment A Acknowledgement of Driving Responsibilities Attachment B Operating LifeWays Motor Vehicle/Transport Consumers Driver Agreement HISTORY Effective 08/15/2011 Rev. Page 4 of 4
ACKNOWLEDGEMENT OF DRIVING RESPONSIBILITIES PERSONAL VEHICLE USE POLICY I,, hereby acknowledge that I have been given a copy and reviewed LifeWays Vehicle-Related Policy 9-01.13 Staff Motor Vehicle Use. I understand what my obligations are under the policy and agree to adhere to those requirements. I understand that I have an obligation to secure and maintain automobile insurance and a valid Michigan Driver s license. I will notify LifeWays Human Resources in the event my automobile insurance is revoked or has lapsed and/or if my current license is suspended or otherwise revoked, within 1 business day. My signature below is a validation that I currently have automobile insurance and possess a current, valid Michigan driver's license according to LifeWays Personnel Policy. Dated this day of,. Signed: (Employee Signature) (Print Name)
OPERATING LIFEWAYS MOTOR VEHICLE/TRANSPORT CONSUMERS DRIVER AGREEMENT As a driver of a LifeWays Community Mental Health motor vehicle or transporter of consumers, I agree to adhere to the terms and conditions set forth below. I have been given copies of and agree to abide by all LifeWays vehicle policies and procedures including but not limited to; 05.08.02 Transportation of LifeWays Consumers, 11.01.04 LifeWays Vehicle Maintenance & Operations, and 09.01.13 Staff Motor Vehicle Use. I realize that failure to comply with these terms and conditions may result in termination of my LifeWays motor vehicle privileges and/or disciplinary action up to termination of employment. 1. I agree that I will not operate a LifeWays motor vehicle without possession of a valid driver s license from the state of Michigan, with proper endorsements when applicable. 2. I agree to identify and report all motor vehicle damages and/or accidents on LifeWays Injury Report Form and/or LifeWays Vehicle Safety Check List following the instructions on the form. 3. I agree to obey all traffic rules and regulations while operating a LifeWays motor vehicle. I understand that all fees incurred due to parking and traffic violations are my sole responsibility. 4. While operating under a commercial operator license, I agree to notify my supervisor of all traffic violations citations and convictions within one business day. 5. I understand that all occupants of a LifeWays motor vehicle must wear properly adjusted and fastened safety belts at times. 6. I understand that smoking is not permitted in any LifeWays motor vehicle at any time by anyone. 7. I will not operate any LifeWays motor vehicle while using or under the influence of alcohol, illegal drugs, prescription or over the counter medication which induces drowsiness or other symptoms which would impair his/her driving. 8. I understand that I will conduct myself in a professional and safe manner at all times while operating a LifeWays motor vehicle. 9. I understand that the use of LifeWays motor vehicle is strictly for official purposes only. 10. I understand that I am responsible for completing the LifeWays Vehicle Log, LifeWays Vehicle Safety Check List Form, Crisis Transport Billing document, entering vehicle log information in the online excel vehicle database and EMR System for billing. 11. If there is a significant problem (head light out, blinker not working, etc.) I agree to report it immediately to my supervisor and note the information on the LifeWays Vehicle Safety Check List. 12. My signature below indicates that I have read and understand the LifeWays Vehicle Policies 11-01.04, 5-08.02, and 9-01.13. Signature: Date: (Print Name)