SAFETY
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Avoiding Auto Accident Claims
Driving — something that most adults do every day — is one of the most dangerous tasks you can assign a worker. Consider the following facts:
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Roadway accidents accounted for nearly two out of five (23.9 percent) of all fatal work injuries in 2012.
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The average employee auto crash costs an employer $16.500, says OSHA.
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On-the-job crashes that result in injury cost employers an average of $74,000. Costs can exceed $500,000 when a fatality is involved.
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In a work-related car accident, the employer's workers' compensation must pay for the worker's injuries and lost time...even if the worker is at fault in the accident.
What You Can Do to Improve Driver Safety
Hiring safe, conscientious drivers is the most important thing you can do to avoid work-related auto accidents. To start:
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Define the jobs that involve driving, even for occasional errands. If a job requires driving, obtain copies of applicants' motor vehicle records (MVRs) from the state department of motor vehicles before offering the job. Use the MVRs to screen out any applicants whose records indicate unsafe driving behaviors. To avoid violating privacy rules, obtain the applicants' permission first.
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Verify that any worker who drives on the job has valid driver's license for the type of vehicle to be driven.
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Request MVRs on a regular basis — at least once a year — for all employees whose jobs involve driving or who have company cars. If an employee needs to drive infrequently on business — for example, on a business trip — you might save time by requesting the employee to provide a copy of his or her own motor vehicle record abstract.
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Develop a company driving policy. At a minimum, it should require seat belt use for the driver and all occupants, prohibit driving while intoxicated (including while under the influence of legally prescribed drugs that can impair reflexes, judgment or vision), and require safe use of mobile devices while driving. California prohibits drivers from using handheld devices while driving, and prohibits all drivers younger than age 18 from any cell phone use.
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Let employees know what disciplinary actions the company will take for violations. This could involve giving employees points for various moving violations, along with listing offenses that will result in termination of driving privileges or employment, such as DUIs, reckless driving charges or vehicular manslaughter.
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Maintain complete and accurate records of workers' driving performance. In addition to driver's license checks for prospective employees, periodic rechecks after hiring are critical.
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Incorporate training on fatigue management and the dangers of distracted driving into safety programs.
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Ensure that workers receive the training necessary to operate specialized motor vehicles.
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Consider providing an emergency kit containing a flashlight, extra batteries, flares, a blanket, and bottled water.
The "Coming and Going Rule"
For an auto accident claim to be compensable, the worker must prove that the injury occurred while working. State laws generally exclude coverage for injuries employees receive while commuting to and from work, considering that the employee's personal time. However, exceptions exist to this "coming and going rule" where your workers' compensation would apply. For more information, please contact the PCOC Insurance Program Department of The Leavitt Group at (877) 860-7378 or, email us @ ProPest@Leavitt.com. |
