RISK MANAGEMENT PROCEDURE

Transcription

1 RISK MANAGEMENT PROCEDURE SUBJECT: VEHICLE ACCIDENT REVIEW BOARD (VARB) R 7.0 EFFECTIVE: 03/01/96 REVISED: 1/15/18 I. PURPOSE The purpose of this procedure is to establish the Vehicle Accident Review Board (VARB) to review all vehicle and drivable equipment accidents/incidents that occur in the course and scope of conducting City business. All vehicle and drivable equipment accidents/incidents that involve property damage or personal injury will be reviewed by VARB to determine if the accident was preventable. II. SCOPE This procedure applies to all City employees, including part time City employees, temporary employees, volunteers, and uniformed police and fire employees that drive City vehicles, equipment or personal vehicles on City business. III. PROCEDURE City of Corpus Christi shall establish a Vehicle Accident Review Board consisting of members appointed by the Department Director and confirmed through the Safety and Risk Manager. A Department Director may choose to serve as the department board member. The term of board members is for a two-year term, not to exceed a maximum of three consecutive terms. Once a member has been off the board for one two year term they may be reappointed. A quorum of the Board consists of at least 50 percent of its members. In order to qualify as a Board member, an employee must have worked for the City at least 12 months and cannot have any preventable accident within the last two years. If a Board member has a preventable accident, they will not be able to continue on the board. Department Directors will also designate an alternate who meets the above requirements. Board members shall be trained on the guidelines on an annual basis. R 7.0 Vehicle Accident Review Board (VARB) Page 1 of 5

2 IV. VARB MEMBER S RESPONSIBILITIES A. At its first meeting each calendar year, the Board will elect a Chairperson and Vice- Chairperson from its own membership. The agenda for each board meeting will be prepared by the Risk Management designee in collaboration with the Chairperson. B. VARB members are responsible for collecting the Automobile Loss Notice/Incident Report, the Employee Statement, witness statements, pictures and diagrams for each of their designated cases. Board members are required to discuss the vehicle accident with the City driver involved, prior to presenting the case to the Board. Each VARB member shall bring all appropriate reports to the meeting and be prepared to present the case on the date when it is scheduled to be reviewed and discussed. All available police reports will be obtained by Risk Management. C. If the vehicle involved in the accident is equipped with a video camera, the VARB member must review the video before presenting the case to VARB. D. After examination of all required material submitted i.e.; Police Report, Automobile Loss Notice/Incident Report, and Employee Statement, the Board Members will vote to classify the accident as either preventable or non preventable. A majority of votes cast shall determine the finding of the Board. E. The VARB may table a case and request additional information from the employee, the department, or Risk Management, if needed. F. If a Board member is involved in a vehicle or drivable equipment accident/incident he/she shall not be present during the initial review by the Board of the accident/incident. V. REPORTING AND REVIEWING VEHICLE ACCIDENTS / UTILITY DAMAGE INCIDENTS A. Employees who have a vehicle or drivable equipment accident/incident while carrying out duties within the course and scope of their employment are required to immediately notify their supervisor, who in turn will contact the following: 1. Police Department ( ), Airport supervisors will contact Airport Police ( ) 2. Department Director or designated representative to complete documentation 3. Risk Management ( ) 4. Human Resources (Mon Fri; 8am 5pm ) for drug/alcohol testing 5. Doctor Center (after hours ext. 0) for drug/alcohol testing The employee shall be responsible for completing the employee statement form and the supervisor or designee shall be responsible for completing the Auto Loss Notice/Incident Report. Employees are encouraged to provide a detailed written statement that includes a diagram giving their explanation of the vehicle or drivable equipment accident/incident. Statements from witnesses to the accident/incident may also be included. B. On the job vehicle or drivable equipment accident/incident involving a fatality will not be reviewed by the VARB. Accidents of this nature will be reviewed by Risk Management and the Legal Department. R 7.0 Vehicle Accident Review Board (VARB) Page 2 of 5

3 C. For employees involved in vehicle or drivable equipment accident/incident, that have no VARB member on the Board, will have an assigned department representative attend the VARB meeting to explain the case. D. The Safety and Risk Manager will notify employees in writing, through their Department Director, of the decision regarding their vehicle or drivable equipment accident/incident. E. Within 30 days after written notification is sent by the Safety and Risk Manager of a preventable vehicle or drivable equipment accident/incident, a counseling session between the Department Director/designee, participation in the Remedial Driver Training Program, and a driving evaluation must be completed. F. The Department Director or designee shall forward written verification of all required actions listed in Section V.E to the Safety and Risk Manager or designee. G. Board members will use the following guide to help in determining whether or not a vehicle or drivable equipment accident/incident is preventable or non preventable; Classification Non Driver *Spotter Utility Line Damage Description Accidents where it can be determined that the accident was clearly and absolutely beyond the control of the City driver. Accidents where there is credible doubt as to whether the City driver took reasonable action to prevent the accident despite the actions of others or adverse conditions. The responsibility for the accident rests either partially or entirely with the City driver. Accidents where spotters, who are Authorized to Operate a Vehicle on City Business, did not take reasonable action to prevent the accident. *Spotter an employee assisting a driver / operator while backing Incidents where there is credible doubt as to whether the City operator took reasonable action to prevent the incident despite the actions of others or adverse conditions. The responsibility for the incident rests either partially or entirely with the City operator. H. Beginning January 1, 2012, if an employee has three Driver vehicle accidents within three consecutive calendar years, the employee will lose all driving privileges for six months. A second series of three Driver accidents within three consecutive calendar years will result in permanent loss of all driving privileges. This shall be in addition to any disciplinary action rendered by the Department Director or designee. I. In exigent circumstances involving a vehicle accident or reckless endangerment of persons, an employee s driving privileges may be immediately suspended by the Safety and Risk Manager. In this instance, alternate measures may be arranged with the concurrence of the Safety and Risk Manager, and the City Attorney. R 7.0 Vehicle Accident Review Board (VARB) Page 3 of 5

4 J. Beginning January 1, 2018, if an employee has three Utility Damage incidents within three consecutive calendar years, the employee will lose earth moving equipment operation privileges for six months. A second series of Utility Damage incidents within three consecutive calendar years will result in permanent loss of earth moving equipment operation privileges. This shall be in addition to any disciplinary action rendered by the Department Director or designee. All underground utility damages will be reviewed by a Utility Damage subcommittee prior to the VARB to determine if incident needs to be reviewed further by the VARB. Utility Damage subcommittee members will be assigned by the Safety & Risk Manager. Utility Damage subcommittee members will be trained in Underground Utility Line compliance codes and regulations. Employees who receive a Utility Damage should attend a Remedial Underground Utility Damage Prevention Program. The program should encompass basic underground utility damage prevention procedures to include: Excavator Obligation to Avoid Damage to Underground Utilities Review of the Texas Administrative Code Chapter 18 (Underground Pipeline Damage Prevention) Texas 811 Call Obligation & Time Line Adherence Scope of Work Review and Excavator Markings Color Code Identification of Underground Utility Lines Pre-Excavation Check-List Review Safe Digging Tips for Excavators and Spotters Excavation within Tolerance Zone Reporting Requirements to Texas 811 and the Texas Railroad Commission Practical Exam that documents the employee s understanding and application of Underground Utility Damage Prevention Procedures. VI. APPEAL PROCEDURE FOR CLASSIFICATION OF VEHICLE ACCIDENT / UTILITY DAMAGE INCIDENT A. The VARB appeal process is provided to allow the employee to present his or her case to the VARB appeals panel. The employee may request to have their classification changed. Upon receiving written notification, employees have 10 calendar days to file notice of appeal of the Board s decision to the Safety and Risk Manager in writing. The employee will then be notified of the date and time scheduled for the appeal. The Safety and Risk Manager and/or designated representative will attend the appeal(s) portion of the VARB meeting. B. The appeals Panel shall be comprised of the VARB Chairperson, VARB Vice Chairperson, the Safety and Risk Manager, the assigned Risk Management Safety Coordinator and the Department representative. R 7.0 Vehicle Accident Review Board (VARB) Page 4 of 5

5 C. If the employee and Department Director wish to further appeal the Board or appeals panel classification, they can request to meet with the Safety and Risk Manager, Chair of the VARB, to discuss and review the decision made. The request shall be made in writing to the Safety and Risk Manager and must be submitted by the Department Director. D. The VARB member who initially presented the case to the Board must be present when or if the case is appealed. VII. PROCEDURE UPDATE This procedure shall be reviewed on an annual basis by the Safety Advisory Board (S.A.B.). Revisions to the procedure shall be approved by the Safety & Risk Manager and by the City Attorney. VIII. CONSEQUENCES FOR VIOLATION OF THIS PROCEDURE Failure to comply with this procedure will result in disciplinary action up to and including termination. IX. QUESTIONS REGARDING THIS PROCEDURE Questions regarding this Procedure shall be directed to the Safety & Risk Manager, or designee, who may be contacted at R 7.0 Vehicle Accident Review Board (VARB) Page 5 of 5