TEXAS STATE TECHNICAL COLLEGE STATEWIDE OPERATING STANDARD

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1 TEXAS STATE TECHNICAL COLLEGE STATEWIDE OPERATING STANDARD No. GA Page 1 of 10 Effective Date: 06/24/16 DIVISION: SUBJECT: AUTHORITY: General Administration Driver Safety SORM Program Risk Management Review Recommendation # Driving Policy/Traffic Safety Program PROPOSED BY: TITLE: Original Signed by Tom Hooker Director, Governance, Risk, and Compliance Date: 06/24/16 RECOMMENDED BY: TITLE: Original Signed by Ray Rushing Vice Chancellor & Chief General Counsel Date: 06/24/16 APPROVED BY: Original Signed by Michael Reeser TITLE: Chancellor Date: 06/24/16 STATUS: Approved by Team One 06/24/16 HISTORICAL STATUS: Revision proposed 05/27/16 Approved by EMC 06/09/15 Proposed 04/2015 EXECUTIVE ORDER Texas State Technical College (TSTC) supports and encourages good driving habits among all of our employees for the safety and security of the employee, passengers, the general public and the assets of the State. All employees are expected to be familiar and comply with all relevant federal, state and local laws that pertain to operating a motor vehicle. TSTC employees are also reminded to be cognizant of their driving behavior while operating a TSTC vehicle both on and off campus, particularly towards unsafe driving habits (i.e. road rage) or parking TSTC vehicles in locations that would reflect poorly upon TSTC s image or reputation (i.e. bar or adult-only businesses). Violation of this program, including improper use of a motor vehicle or failing to maintain a satisfactory driving record as determined by TSTC, may subject the employee to disciplinary action, which may include termination.

2 Page 2 DEFINITIONS Authorized business: means activities directly connected with TSTC business, which may also include the use of the vehicle for reasonable personal activities while an employee is in a travel status. This does not include commuting to/from an employee s residence to work. At-fault Accident: means an employee is found (by responding law enforcement agency) to be at-fault or responsible for causing a motor vehicle accident while in the conduct of authorized business. Bodily Injury: means physical pain, illness, or any impairment of physical condition. Driver Authorization List: official roster comprised of TSTC employees who are authorized to operate a motor vehicle (TSTC-owned, rented, or personal-owned) in the conduct of authorized business. Motor vehicle: means any motor vehicle (to include but not limited to automobiles, trucks, golf carts, utility vehicles, tractors, and riding lawnmowers) driven or operated by a TSTC employee while conducting authorized business. This does not include motorcycles, which are prohibited for authorized business, or forklifts, which require separate certification. Satisfactory Driving Record: means employee is licensed with a state Department of Public Safety (DPS) and respective driving record is free of any warrants for arrest or any open or nonresolved traffic citations or violations. Serious Bodily Injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Traffic Citation: means an employee receives a traffic citation for a moving violation including but not limited to, speeding, failure to control speed, failure to obey traffic light or signs, driving without a valid license, or driving without adequate auto insurance; does not include parking tickets. PERTINENT INFORMATION The State Office of Risk Management (SORM) conducted a comprehensive review of the TSTC risk management program in July of 2011 and subsequently in August of 2014, and upon conclusion of each visit, recommended that the College adopt a comprehensive traffic/auto safety policy that includes, but not limited to: driving record checks of all employees who drive as a part of their job or who drive TSTC vehicles, consequences of a bad driving record, reporting traffic accidents or incidents, use of personal vehicles for TSTC business, and defensive driving training.

3 Page 3 DELEGATION OF AUTHORITY Responsibility for the overall administration of the TSTC Driver Safety Program has been delegated by the Chancellor to the TSTC Risk Manager and Campus Safety Officers; however, successful implementation of the program is dependent upon direct support from department directors, supervisors, and the employees themselves. OPERATION REQUIREMENTS GENERAL MOTOR VEHICLE SAFETY Employees of TSTC shall exercise normally prudent care in operating a motor vehicle while performing authorized business. In addition to complying with all relevant federal, state and local laws relating to vehicle operation, employees shall also comply with the following: 1. TSTC-owned or rented motor vehicles are to be used for authorized business only. 2. TSTC-owned or rented motor vehicles are to be operated by TSTC employees only. 3. TSTC students and non-employees may be authorized as passengers in TSTCowned or rented motor vehicles for authorized business; however, neither are authorized to operate TSTC-owned or rented motor vehicles. 4. No employee shall operate a motor vehicle if his or her ability is impaired. 5. Cell phone use while driving is only authorized by use of hands-free device; however, texting while driving is not allowed under any circumstance. 6. No smoking in TSTC-owned or rented motor vehicles. 7. Control vehicle speed in accordance with road conditions, particularly adverse road conditions caused by weather or limited visibility. 8. Limit or delay unnecessary authorized business travel in the event of adverse road conditions. 9. Authorized business travel should not exceed more than 8 hours of driving per business day; an overnight stay at the destination of the authorized business trip should be strongly considered for those trips that exceed the 8 hours of driving per day. 10. Inspect the outside of the vehicle for visible hazards or deficiencies prior to initiating authorized business travel; hazards and defects should be repaired prior to using the vehicle for authorized business travel.

4 Page Aggressive and unsafe driving habits, such as excessive speed, tail-gaiting or other acts of road rage, are strictly prohibited. LOW SPEED VEHICLE OPERATION REQUIREMENTS Employees shall exercise normally prudent care in operating a low speed vehicle (LSV), such as golf carts and utility vehicles, while performing authorized business on campus. In addition to complying with the requirements listed within the above General Motor Vehicle Safety section and all relevant federal, state and local laws relating to vehicle operation, employees shall also comply with the following: 1. Pedestrians have the right of way 2. Inspect the outside of the vehicle for visible hazards or deficiencies prior to initiating authorized business travel including: lights, brakes, reverse audible alarm, horn, and batteries (visually), and report all abnormalities so they may be addressed. A vehicle should be operable with existing maintenance issues. 3. Operate the beacon light (if equipped) while driving and operate the headlights during limited visibility. 4. The use of earphones or ear buds for the purpose of listening to music while operating a LSV is not allowed under any circumstance. 5. Driving on public streets is allowed only during daytime and where the posted speed limit does not exceed 35mph. Exercise extreme caution when crossing intersections or crosswalks, and never assume other vehicles or pedestrians see you. 6. Park on areas that will not obstruct walkways or sidewalks and never in front of entrances, exits, fire lanes, or fire protection components, such as fire hydrants. TSTC PERSONNEL RESPONSIBILITIES CAMPUS SAFETY OFFICERS The Campus Safety Officers are responsible for and accountable to: *** become familiar with this Driver Safety Program and assist in implementing the program within their campus. *** coordinate the accident reporting and investigation procedure on all automobile accidents that involve employees in the conduct of authorized business, to include notifying TSTC Human Resources and the TSTC Risk Manager. *** assist with driver safety training requests and ensure training records of employees are recorded.

5 Page 5 HUMAN RESOURCES TSTC HR is responsible for and accountable to: *** process TSTC Driver Authorization Forms for all new hires as part of TSTC onboarding process. *** conduct annual Department of Motor Vehicle (DMV) background checks on all TSTC employees. *** maintain the TSTC Driver Authorization List. *** receive and process notifications from department directors, supervisors, or employees in regard to updating the TSTC Driver Authorization List. *** notify department directors and supervisors of any change to an employee s TSTC driver authorization status. *** schedule a drug test within 24 hours of notification for any employee deemed as at fault in a motor vehicle accident; and subsequently coordinate receipt of the results. SUPERVISORS Employee Supervisors are responsible for and accountable to: *** ensure that they and employees under their immediate supervision adhere to this policy. *** ensure that only those employees on the TSTC Driver Authorization List drive/operate a motor vehicle on authorized business. *** ensure that Human Resources is notified if an employee under their immediate supervision should be removed from the TSTC Driver Authorization List. *** ensure that the appropriate reporting and investigation forms are completed upon notification that an automobile accident occurred involving an employee under their immediate supervision while in the conduct of authorized business; once the forms are completed, ensure that they are forwarded immediately to the Campus Safety Officer or TSTC Risk Manager. *** ensure the appropriate corrective action is administered towards an employee under their immediate supervision who is determined at fault in a motor vehicle accident.

6 Page 6 *** notify Human Resources to schedule a post-accident drug test if an employee under their immediate supervision was determined to be at fault in a motor vehicle accident. EMPLOYEES All employees are responsible for and accountable to: *** read and comply with the rules and standards of this driver safety program and policy. *** notify their supervisor or campus safety officer, as soon as practical but not later than 24 hours after the accident, when involved in an automotive accident while conducting authorized business for TSTC. *** notify their supervisor and campus HR rep, within one business day, if/when there is a change in their driving status (i.e., suspended driver s license) with their respective license-issuing Department of Motor Vehicles (DMV). *** complete appropriate corrective training within prescribed time and submit completion certificate to supervisor if found at fault for an automobile accident resulting in bodily injury or property damage; failure to comply may result in the suspension of the employee s TSTC driving privileges. *** submit to a post-accident drug test if directed by his/her supervisor. *** adhere to these responsibilities and requirements; failure to do so may subject the employee to disciplinary action, which may include termination. DRIVER AUTHORIZATION LIST TSTC employees who operate motor vehicles in the performance of authorized business must be on the TSTC Driver Authorization List. Placement on the list is contingent upon: 1. employee possesses a valid driver s license. 2. employee maintains a satisfactory driving record with the respective DMV for which the employee s driver s license is issued. 3. employee possesses a current (within 24 months of hire or last update) TSTC Driver Authorization Form on file with the TSTC Human Resource department. Removal from the TSTC Driver Authorization List may occur upon: 1. Employee elects to be removed from the list by declaration on the TSTC Driver Authorization Form.

7 Page 7 2. Employee s driver s license is suspended or revoked by employee s issuing DMV. 3. Employee s driving record is deemed unsatisfactory by the respective DMV that issued the employee s driver s license. 4. Employee is identified as at fault for a motor vehicle accident that results in serious bodily injury or death of a passenger(s). 5. Employee fails to complete a requisite Texas Department of Transportation (TXDOT) certified defensive driving course within the allotted time if identified as at fault for a motor vehicle accident that results in bodily injury or property damage. 6. Employee refuses to submit to a post-accident drug test as directed by his/her supervisor. 7. Employees with a subsequent at fault motor vehicle accident within 2 years of the previous at fault accident could be considered for a sustained suspension or other adverse personal actions, to include termination of employment. Re-instatement to the TSTC Driver Authorization List 1. An employee who originally elected to be removed from the Driver Authorization List via the TSTC Driver Authorization Form may change his/her mind and elect to be added back to the list as long as there are no other disqualifying factors as listed above. 2. An employee who was removed from the list for a suspended/revoked driver s license or for an unsatisfactory driving record may be re-instated once the TSTC HR department is able to confirm with the issuing DMV that the employee s license was re-instated or driving record was re-instated as satisfactory. 3. An employee removed as a result of an at fault motor vehicle accident resulting in bodily injury or property damage may be re-instated once the employee completes a Texas Department of Transportation (TXDOT) certified defensive driving course within 5 business days of the accident and provides the certification of completion to the TSTC HR department. 4. An employee removed as a result of an at fault motor vehicle accident that results in serious bodily injury or death of a passenger(s) may not be re-instated.

8 Page 8 ACTIONS IN THE EVENT OF A MOTOR VEHICLE ACCIDENT DURING AUTHORIZED BUSINESS Employee s Responsibilities at the Scene 1. Dial Comply with all federal, state and local laws in the event of an accident. 3. Render aid and assistance to any injured persons as training and conditions allow. 4. Cooperate with law enforcement in its investigation, but make no statements concerning fault or responsibility for the accident. Do not sign any waiver concerning the accident. 5. Engage in no arguments and refer all complaints to your supervisor or TSTC auto liability insurance claims representative. 6. Complete the Vehicle Accident Report Form that is provided with the TSTCowned motor vehicle and provide this, along with the Police Accident Report, to the TSTC Risk Manager as listed on the form. If the Vehicle Accident Report Form isn t available, then obtain the names, telephone numbers, and addresses of the drivers of all other vehicles involved in the accident. Also obtain the names of their insurance carriers, policy numbers, and carriers claim telephone numbers. 7. Obtain the names, addresses, and telephone numbers of witnesses, if possible. 8. If a camera is available, obtain photographs of all vehicles, showing the condition and damage of each vehicle. 9. If not injured, remain at the scene until the investigation is completed or until released by law enforcement personnel at the scene; be sure to acquire contact information from the police for obtaining the Police Accident Report Notify your supervisor or campus safety officer as soon as practical after the accident but not later than 24 hours after the accident. In the event you are unable to contact your supervisor or campus safety officer, you should contact the TSTC Risk Manager for notification. Employee Supervisor s Responsibilities Upon notification that an employee is involved in an accident: 1. ensure that a copy of the completed Vehicle Accident Report Form and Police Accident Report is forwarded to the Campus Safety Officer or TSTC Risk

9 Page 9 Manager, and the Human Resources representative if a Workers Compensation claim is necessary. 2. ensure that the employee meets all of his/her responsibilities regarding the accident and post-accident requirements defined within this policy. 3. formally notify an employee who is found at fault for an automotive accident that results in either bodily injury or property damage that he/she is required to complete a Texas Department of Transportation (TXDOT) certified defensive driving course (online course is acceptable as well) within 5 business days of the accident and provide a copy of the certificate to the supervisor. The employee should also be informed that failure to complete defensive driving within the allotted time may result in the employee s driving privileges with TSTC may be suspended. A copy of the police accident report, defensive driving certificate, and the formal notification should be noted within the employee s performance file. 4. formally notify an employee who is found at fault for an automotive accident that results in the serious bodily injury or death of a passenger(s) that his/her TSTC driving privilege is immediately suspended. A copy of the police accident report and the formal notification should be noted within the employee s performance file. 5. direct an employee, who is found at fault for an automotive accident, to a postaccident drug test if directed to do so by TSTC Human Resources. TRAINING 1. TSTC employees will complete online driver safety training annually, to include completing an updated Driver Authorization Form. 2. TSTC employees who are suspended from the Driver Authorization List due to being at fault for a motor vehicle accident resulting in property damage only must successfully complete a TXDOT certified Defensive Driving Course and provide the certificate of completion to their supervisor and campus HR representative in order to be considered for re-instatement back onto the Driver Authorization List. 3. The Texas State Office of Risk Management (SORM) offers defensive driving courses that can be provided on campus; interested campuses are encouraged to coordinate these courses for TSTC employees who require extensive driving as a part of their job description.

10 Page 10 PERFORMANCE STANDARDS 1. TSTC implements a Driver Safety program/policy to support and encourage good driving habits for the safety and security of TSTC employees, passengers, the general public and the assets of the State. 2. The Driver Safety program/policy is disseminated to and adhered to by all TSTC employees. 3. The Driver Safety program/policy is reviewed and updated annually by the TSTC Risk Manager and Safety Committee.

TEXAS STATE TECHNICAL COLLEGE STATEWIDE OPERATING STANDARD

TEXAS STATE TECHNICAL COLLEGE STATEWIDE OPERATING STANDARD TEXAS STATE TECHNICAL COLLEGE STATEWIDE OPERATING STANDARD No. GA 1.6.6 Page 1 of 6 Effective Date: 10/26/2017 DIVISION: SUBJECT: AUTHORITY: General Administration Driver Safety SORM Program Risk Management

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