Motor Vehicle Safety

Background
According to the National Institute for Occupation Safety and Health
(NIOSH), roadway crashes are the leading cause of occupational
fatalities in the United States. Driver fatigue has been identified by
NIOSH as a leading contributor to roadway crashes among employees.
The following points will help employers, ranging from the company that
reimburses employees for use of a private motor vehicle for company
business to those employers that provide delivery services.
Your company’s policy will probably be very different if, in one case, it
operates its own fleet of vehicles or, in another, employees use their own
vehicles for company business, but it should stress safe operation at all
times. Recent statistics show that distracted driving, often caused by
texting or using cell phones, is a major factor in many motor vehicle
accidents, and your company should address this issue in its policy
statement.
This document is primarily aimed at helping employers develop policies
addressing employee use of personal vehicles for company business,
use of rental vehicles for company business, and employee use of
company-owned vehicles. It is not intended for commercial motor
carriers or companies that operate passenger vans.

Points to Cover
Goals. Your policy should:
 Set safe driving policies governing employees who drive on the job.
 Check driving records for all employees before they are allowed to
drive on company business.
 Require all employees to report any accidents or moving violations
—even during personal driving.
 Require them to report near misses as well—assure them that
reporting near misses will not subject them to disciplinary action.
 Establish procedures to investigate all accidents and near misses
—the focus should be on eliminating the causes and preventing
future accidents.
 Establish rules for the use of company vehicles.
 Institute a defensive driver training program for all employees (not
just those who drive on the job).

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  Require seat belt use at all times for driver and all passengers.
 Spell out provisions about using cell phones, texting, eating,
listening to music players with earphones, or other distractions
while driving.
 Forbid the use of alcohol and drugs while driving.
 Require drivers to obey speed limits and all other driving safety
rules.
 Define disciplinary action that will be taken for violation of company
policy.
Compliance with law. Your policy should state that your motor vehicle
safety policy will comply with all applicable local, state, and federal laws.
Appropriate licenses. Your policy should require employees to have a
current, valid license for the type of driving they do in the course of their
work. For example, individuals who need a commercial license to
perform their jobs must have one.
Inspection of vehicles. Your policy should require employees to
operate only vehicles that have a current, valid inspection sticker.
Furthermore, you should require employees to visually inspect their
vehicles for defects prior to operating them to verify that tires are inflated,
headlights work, brake lights are not broken, and the like.
Insurance. If your employees operate their own vehicles while on
company business, you should establish what insurance coverage the
employees are to carry on their vehicles. Similarly, you will want to
specify what insurance coverage employees must have to operate
company vehicles.
Title to vehicle. If employees use their vehicles while driving for you,
you should state that the employees are to use vehicles only for which
they have the title.
Use of personal vehicles for company business. Perhaps the best
policy will be to forbid it. If it is allowed, the company should make clear
any requirements about insurance coverage and about the rules that
would apply if any accident should occur.
Use of rental vehicles. If employees occasionally rent vehicles for
company business, your policy should state whether they are to accept
the insurance available through the car rental agency or reject it. It
should further outline their responsibilities in the event of an accident
with a rental vehicle.
Passengers. Your policy should address the issue of passengers. For
example, if you are a delivery service, you may want to prohibit any
passengers, even co-workers, who are not authorized in the vehicle.
Other employers may want to allow passengers who are co-workers.

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 Alcohol and drug use. Your policy should forbid employees from
operating any vehicle while under the influence of any intoxicant. You
should define intoxication as being under the influence of any illegal
drug, being under the influence of a prescription or over-the-counter
medication that causes drowsiness, having a blood alcohol level over the
legal limit (state limit), or some other standard. You may even want to
prohibit employees from operating any vehicle after consuming any
intoxicants. State that employees found in an impaired condition at a job
site will be discharged for operating a vehicle while under the influence
of an intoxicant.
Distracted driving. Your policy should address the use of cell phones
and other mobile devices while employees are driving for company
business. Check your state laws on texting and other forms of distracted
driving. Currently, forty-four states ban text messaging for all drivers, and
12 states prohibit all drivers from using handheld cell phones while
driving. At a minimum, your company policy should instruct employees to
adhere to all applicable laws regarding distracted driving and cell phone
use. You may wish to prohibit cell phone use while driving for company
business altogether.
Safe use of vehicles. Your policy should state that vehicles may not be
overcrowded, may not be driven at speeds in excess of the speed limit,
and may only be used for previously prescribed purposes.
Safety equipment. You should require that all vehicles used for
company business carry proper safety equipment, such as an inflated
spare tire, tire-changing tools, flashlight, flares, jumper cables, a first-aid
kit, duct tape, and other items to permit emergency vehicle repair and
first aid. The items needed for the safe operation of a vehicle may vary
depending on your environment. For example, vehicles used in cold
climates may need to be equipped with blankets and other items to keep
an individual warm in the event of an accident during the winter.
Accident reports. Your policy should require employees to complete
accurate, written accident reports in the event of a motor vehicle
accident on the job.
Traffic citations. You should also require employees to immediately
report the receipt of any traffic citations while on company business.
Exceptions. Your policy should state when exceptions may be made to
your policy. For example, if a vehicle has a flat tire and the spare is used,
then obviously the vehicle will be operating without a spare tire until the
flat tire is repaired or replaced.

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 Coordination with other policies. Your motor vehicle safety policy
should be coordinated with your other policies. For instance, if you have
a policy requiring employees to be physically and mentally fit for duty,
this same policy should be applied to the operation of motor vehicles
while on company business.
Review. Your motor vehicle policy should state that it will be reviewed at
least annually.

Legal Points
 Licenses. Drivers should have current licenses for the type of
driving they perform.
 National Highway Traffic Safety Administration (NHTSA). The
NHTSA, part of the U.S. Department of Transportation (DOT),
holds primary responsibility for developing and enforcing minimum
design and safety performance standards that apply to all vehicles
manufactured for sale or use in the United States.
 Federal Motor Carrier Safety Administration (FMCSA). FMCSA,
part of DOT, enforces comprehensive regulations that cover trucks
and passenger vehicles in the motor carrier industry. These
regulations include Commercial Driver’s license standards (49 CFR
383), qualifications of drivers (49 CFR 391), safe operation of
commercial motor vehicles (49 CFR 392), parts and accessories
necessary for safe operation of commercial vehicles (49 CFR 393),
and hours of service of commercial drivers (49 CFR 395).
 Child labor laws. The U.S. Department of Labor’s Employment
Standards Administration, Wage and Hour Division, enforces child
labor laws that define conditions under which workers under age
18 may operate a motor vehicle. Generally, these federal
regulations prohibit all on-the-job driving for 16-year-olds and limit
the nature and amount of driving permitted for 17-year-olds. States
will have similar restrictions.
 Occupational Safety and Health Administration (OSHA). OSHA
regulations cover all employers with one or more employees. They
generally require a safe workplace and primarily address the
operation of mobile machinery off the highway, e.g., forklifts in
warehouses, logging (29 CFR 1910.266), and construction (29
CFR 1926.601 and 29 CFR 1926.602). Employers should also be
aware of OSHA’s General Duty Clause (GDC), which requires
employers to provide a workplace “free from recognized hazards
that are causing or are likely to cause death or serious physical
harm.” OSHA standards do not specifically regulate driving of
passenger vehicles, but the agency can issue citations under the
GDC if it feels that employees are at risk.

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  Americans with Disabilities Act (ADA). Banning an employee
from driving duties or requiring medical examinations for drivers
with disabilities may violate the ADA. Base decisions to restrict
driving on assessments of actual driving ability, not solely on
general medical screening or a disability. If an employee’s ability to
drive on the job is impaired temporarily or permanently, reasonably
accommodate that employee in accordance with applicable law.
Please refer to the Disability Accommodation section.
 Age Discrimination in Employment Act (ADEA). Banning older
drivers from driving duties or requiring medical examinations for
older drivers may violate the ADEA. Base decisions to restrict
driving for older workers on assessments of actual driving ability,
not solely on general medical screening or on an arbitrary age limit.
 Insurance. Company vehicles and employee vehicles used for
company business should have at least the minimum insurance
required by state law.
 Safety inspections. Federal and state laws may require a variety
of safety inspections of company vehicles as well as employee
vehicles used for company business.
 Driving rules. State that compliance with all driving laws is
mandatory.
 Negligence. Your safety program should include steps to reduce
claims for negligence. For example, if you know that an employee
is tired from long hours at work, and if the employee falls asleep
driving on the job, the company can be sued for negligence.
 Criminal negligence. Should you allow employees to drive
company vehicles that do not meet your state’s (or federal) safety
standards and they have an accident that kills or injures someone,
the company and perhaps even supervisors can be charged with
criminal negligence.
 Driving records. State and federal law may require you to check
the driving records of your drivers.
 Privacy. State or federal law may require you to maintain in
confidence information learned from checking an employee’s
driving record or from checking his or her driver’s license.

Things to Consider
1. Goals. You may have a variety of goals when creating a motor
vehicle safety program. For example, you may want to reduce
injuries to employees, reduce injuries to the public, reduce property
damage, reduce your workers’ compensation costs, improve
employee productivity, reduce your motor vehicle insurance costs,
encourage safe driving on and off duty by employees, comply with
applicable laws, reduce repair costs to vehicles, and the like.

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 2. Setting a good example. To encourage compliance with your
policy, members of management should follow all of the rules at all
times. Employees will be more likely to take the motor vehicle
safety policy seriously if they observe that the company’s
commitment to it extends throughout the organization.
3. Age. As increasing numbers of individuals continue to work beyond
the age of 65, the special needs of older drivers become a
workplace safety issue. According to NIOSH, workers aged 65 and
older had the highest rate of work-related highway fatalities—more
than twice that of workers aged 55 to 64 and 3.5 times the rate for
all workers. Employers need to evaluate methods for giving older
drivers continued job opportunities that include driving (in
compliance with the ADEA, the ADA, and state discrimination laws)
while ensuring that safety is not compromised. However, young
drivers may also pose a high risk for vehicle crashes because they
may use seat belts less regularly than older drivers and engage in
more risky driving practices.
4. Company vehicles. Seek to provide company vehicles that offer
the highest possible levels of occupant protection with features
intended to decrease the risk of crashes and injuries, e.g., power
steering and brakes, automatic transmission, traction control, side
air bags, rear view cameras, crash avoidance systems, and night
vision enhancement systems.

Note: Some of the sample policies that follow are categorized as “Standard”
or “Strict.” Strict policies are generally less flexible and leave less room for
discretion in their application than standard policies.

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Sample Policies
Subject: Safe Operation of Motor Vehicles
Example of: Standard Policy
To ensure the safe operation of company-owned vehicles, personally
owned vehicles used for Company business, and vehicles rented at
company expense, employees are to adhere to the following policy.
Valid operator’s license. All employees operating a vehicle on
company business or operating a vehicle owned by the company or
rented on behalf of the company are to have a current, valid operator’s
license appropriate for the type of driving they do at all times.
Compliance with applicable laws. All employees operating a motor
vehicle while on company business are expected to comply with all traffic
laws. Furthermore, all employees operating a company-owned vehicle or
vehicle rented at company expense, while off or on duty, are to comply
with all traffic laws.
Safety belts. All vehicles used for company business, including privately
owned, rented, and company-owned vehicles, will be equipped with a
shoulder and seat belt combination. The seat belt/shoulder harness shall
be worn by all occupants of the vehicles at all times. Passengers who
are not employees are to be asked to wear the seat belt/shoulder
harness.
Intoxication. All employees are expected to be medically and physically
fit when operating any vehicle for company business. Specifically, no
employee may be intoxicated while operating any vehicle on company
business, while operating any company-owned vehicle, or while
operating any vehicle rented at company expense.
Distracted driving. Employees must not send or read text messages,
talk on a handheld cell phone, or engage in other activities while driving
that may create a distraction. If applicable law regarding cell phone use
while driving is stricter than this policy, employees are to follow
applicable law.
Insurance. Employees are to obtain insurance to cover the operation of
their private vehicles while on company business or the operation of a
company vehicle at any time. The policy is to be in accordance with
applicable state law, and to have policy limits of at least [$] for each
accident and [$] per person for bodily injury. Proof of insurance is to be
submitted at least annually to the designated department of the
company.

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 Driving record. At least annually, the driving record of each employee
will be examined for violations. Depending on the results of the review of
the driving record of the employee, his or her job duties may be changed
or he or she may be terminated from employment.
Accident reports. Any employee involved in an accident as a driver or
passenger is expected to submit an accurate, written report within 24
hours of the accident, unless the employee is physically or mentally
unable to do so.
Safety training. All new and current employees are required to
successfully complete a safe driving program approved by the company.
Typically, this program will last 8 hours and will be required as often as
once a year, depending on the job position held by the employee. The
employee will be compensated for the time spent in this training. This
training will include applicable state driving laws, techniques of defensive
driving, effects of intoxicants on driving, effects of fatigue on driving, and
inspection of vehicles prior to operation. Employees who have obtained
such training at prior employment may submit written proof of such
training. They will then be scheduled for refresher courses at the
appropriate 1- to 3-year interval, depending on their job classifications.
Inspection of vehicles. Employees are to conduct a visual inspection of
their vehicles, whether privately owned, rented, or owned by the
company, before operation. This visual inspection will include:
 Tires;
 Lights;
 Vehicle exterior, e.g., tailpipe, bumpers, and the like;
 Instrument panel; and
 Current safety inspection sticker.
If the vehicle is to be operated on the first workday of the month, for
more than 10 hours or driven more than 100 miles in a day, then the
individual is to visually inspect the following items under the hood:
 Oil level;
 Battery level;
 Power steering fluid level;
 Windshield washer level;
 Coolant level;
 Hoses; and
 Fan belts.
Safety equipment. All privately owned vehicles used for company
business, as well as all company-owned vehicles, are to be equipped
with the following items:
 Spare tire, jack, and tire tools

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  Flashlight
 First-aid kit;
 Flares
 Repair tools
 1 quart oil
 1 pint power steering fluid
 Duct tape
 Jumper cables
 [Any other necessary items, such as blankets if employees
will be driving during cold weather, food and water, etc.]
Employees are expected to use their car allowance for purchasing any of
these items which they do not already possess. Naturally, employees
may want to acquire additional safety equipment for their private
vehicles.
Discipline. Employees violating any of these safety rules are subject to
discipline up to and including discharge.
Coordination with other policies. This motor vehicle safety policy will
be coordinated with other company policies, including but not limited to
the fitness for duty policy, alcohol and drug policy, and safety policy.
Compliance with applicable law. This policy will be interpreted and
applied in accordance with applicable law. Records will be maintained in
accordance with applicable privacy laws.
If, at any time, any provision of it is at variance with applicable law,
applicable law will govern.

Subject: Safe Operation of Motor Vehicles

Example of: Strict Policy
To ensure the safe operation of company-owned vehicles, personally
owned vehicles used for Company business, and vehicles rented at
company expense, employees are to adhere to the following policy.
Valid operator’s license. All employees will maintain a current, valid
driver’s license. All commercial drivers will maintain a current, valid
commercial license. All employees will comply with any restrictions on
their driver’s licenses.
Compliance with applicable laws. All employees must comply with all
traffic laws at all times.

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 Safety belts. All employees will use seat belts/shoulder harnesses at all
times. All vehicles will be equipped with seat belts/shoulder harnesses.
All passengers are to be told to use the seat belts/shoulder harnesses.
Intoxication. Employees will be physically fit at all times when operating
any vehicle. Employees may not operate a vehicle within 8 hours of
consuming any alcohol. Employees taking a prescription or over-the-
counter medication that may affect their ability to drive will not drive.
Employees may never take illegal drugs and operate a vehicle.
Employees who violate this policy will be terminated immediately.
Fitness for duty. All employees will be physically fit for the safe
operation of any vehicle they operate on company business.
Distracted driving. Employees must not send or read text messages,
talk on a cell phone, or engage in other activities while driving that may
create a distraction.
Insurance. Employees are to obtain and maintain motor vehicle
insurance as required by applicable state law. Insurance policies must
have limits of at least [$] for each accident and [$] per person for bodily
injury. Proof of such coverage must be submitted to the company every
6 months.
Driving record. Should any commercial driver have a moving violation,
he or she will be moved to another position for which he or she is
qualified. If no position is available, he or she may be terminated. All
other drivers will be reprimanded and, depending on the violation, may
be terminated. If there are two reprimands within any one year, the
employee may be terminated. If there are two moving violations within
any 6-month period, the employee may be terminated. Any conviction for
driving while intoxicated may result in termination.
Traffic violations. Any employee who receives a traffic citation will
immediate report that event to his or her supervisor. The employee is
personally liable for the amount of the citation. The company will not
reimburse employees for the cost of a traffic citation.
Accident reports. Any employee involved in an accident as a driver or
passenger is expected to submit an accurate, written report within 24
hours of the accident, unless the employee is physically or mentally
unable to do so.
Safety training. Each new employee will successfully complete, within
the first month of employment, an 8-hour driver education course. Each
employee will successfully complete a 2-hour refresher course every 6
months. Each employee who is assigned driving responsibilities will
attend and successfully complete a first-aid course.

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 Inspection of vehicles. Employees are to conduct a visual inspection of
their vehicles, whether privately owned, rented, or owned by the
company, before operation. This visual inspection will include:
 Tires;
 Lights;
 Vehicle exterior, e.g., tailpipe, bumpers, and the like;
 Instrument panel; and
 Current safety inspection sticker.
If the vehicle is to be operated on the first workday of the month, for
more than 10 hours or driven more than 100 miles in a day, then the
individual is to visually inspect the following items under the hood:
 Oil level;
 Battery level;
 Power steering fluid level;
 Windshield washer level;
 Coolant level;
 Hoses; and
 Fan belts.
Safety equipment. Each vehicle shall be equipped with the following
safety equipment:
 Spare tire, jack, and tire tools
 Flashlight
 First-aid kit
 Flares
 Repair tools
 1 quart oil
 1 pint power steering fluid
 Duct tape
 Jumper cables
 [Any other necessary items, such as blankets if employees
will be driving during cold weather, food and water, etc.]
Discipline. Failure to adhere to any part of this policy may result in
immediate termination.

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 Coordination with other policies and applicable law. Employees are
subject to the company’s disciplinary policy, conflict of interest policy, off-
duty conduct policy, its fitness for duty policy, its safety policy, and its
alcohol and drug policy, while operating a company vehicle on or off duty
or while operating a rental vehicle at company expense on or off duty or
while operating a personal vehicle for company business. Similarly,
these policies apply to any employee whose duties include driving even
if the employee is operating a personal vehicle for personal reasons.
Driving records and any medical information (e.g., part of a driving
restriction or from an accident report) will be maintained in confidence in
accordance with applicable law.
This policy will be interpreted and applied in accordance with state and
federal laws, including regulations of the Occupational Safety and Health
Administration (OSHA). If, at any time, any provision of this policy is at
variance with applicable law, applicable law will govern.

Subject: Motor Vehicle Authorization of Use

Purpose. The purpose of this policy is to insure against bodily injury and
property damage to third parties as a result of operating an automobile
that is owned or rented by the company and personal automobiles used
for authorized company business.
Responsibility. It is the responsibility of the department manager to
authorize the use of a personally owned automobile for company
business only when absolutely necessary and only to drivers who have
required insurance and a valid driver’s license.

Subject: Motor Vehicle Liability for Personal Vehicles

Any employee who is authorized to use a personally owned automobile
for company business must have personal insurance in accordance with
state law and a valid driver’s license.
If an employee is on company business while driving his or her
personally owned vehicle, and an accident occurs,
______________________ should be notified immediately.
If an employee is injured, the proper workers’ compensation forms are to
be completed. If there was damage to the automobile, the claim should
be turned in to the employee’s insurance carrier; and the employee will
be responsible for the deductible.
When operating any vehicle on company business, the employee must
wear a seatbelt, must not be under the influence of drugs or alcohol, and
must comply with all applicable laws.

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 Employees operating a vehicle on company business must refrain from
texting, using a handheld cell phone, and engaging in other potentially
dangerous distracting behaviors while driving.
If the employee is issued any citation for violation for any statute while
operating a vehicle on company business, the employee is to
immediately report such an event. The employee is responsible for
defending against the citation.
Failure to comply with this policy may lead to discipline up to and
including discharge.

Subject: Use of Rental Vehicles

Employees are not authorized to rent vehicles to conduct company
business without prior permission.
Rental of vehicles. Employees authorized to rent vehicles will use
[insert rental service], the approved rental agency where the company
has a contract. When renting, the employee will generally
[accept/decline] the rental company’s insurance.
When renting a car the employee will be aware that the following actions
could cause insurance through the rental company to be unavailable:
1. Driving after consuming alcohol or drugs
2. Permitting an unauthorized driver to operate the vehicle
3. Racing
4. Using vehicle for any illegal purpose
5. Overloading
6. Carrying persons or property for hire
7. Towing any vehicle
If there is no insurance available through the care rental agency because
of the employee’s breach of one of the foregoing conditions or any other
condition listed in the rental agreement, the employee will be expected to
pay at least the first $1,000 of damages caused in any accident in which
the insurance is not available.
Further, if the employee is negligent, the company may require him or
her to pay all of the losses incurred. To avoid such results, the employee
will read and follow the terms of the rental agreement.

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 Subject: Motor Vehicle Accidents in Personal Vehicles
When a personally owned automobile is used for authorized company
business, and an accident occurs, the risk management department
should be notified. Primary coverage for damages will be the insurance
of the driver and/or other party. Medical insurance for the driver’s
(employee) injuries while in the course of authorized company business
is provided by workers’ compensation.

Subject: Motor Vehicle Accident Procedure

If you are involved in an accident during work hours, you must follow this
procedure:
 If anyone is hurt in the accident, immediately summon emergency
aid.
 Do not make any statement that could be interpreted as admitting
to or placing the blame for the accident or suggesting who is liable
for payment. Never suggest that the company will pay for anyone’s
damages regardless of who is at fault.
 Notify your manager immediately.
 Complete the accident notice as soon as possible, retain your
copy, and send copies to the insurance carrier and to [name or job
title] at the main office.

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