Employment Law Advisory Network

Policy for Employees with Driving Duties

Important disclaimer: The policy available on this page is only an example and is furnished merely as an illustration of its category. It is not meant to be taken and used without consultation with a licensed employment law attorney. If you are in need of a policy for a particular situation, you should keep in mind that any sample policy such as the one available below would need to be reviewed, and possibly modified, by an employment law attorney in order to fit your situation and to comply with the laws of your state. Downloading, printing, or reproducing any of these policies in any manner constitutes your agreement that you understand this disclaimer and that you will not use the policy for your company or individual situation without first having it approved and, if necessary, modified by an employment law attorney of your choice.

POLICY FOR EMPLOYEES WITH DRIVING DUTIES

Employees assigned to driving duties ("drivers") must at all times meet the following criteria:

  • drivers must have a current, valid driver's license for the state in which the employee performs his or her driving duties; and
  • drivers must maintain a clean driving record, i.e., must remain insurable under our company's liability insurance policy.

Any employee driving a Company vehicle or driving on Company business must observe all safety, traffic, and criminal laws of this state. No driver may consume alcohol while driving a Company vehicle, while on Company business, while in a Company vehicle, or prior to the employee's shift if such consumption would result in a detectable amount of alcohol being present in the employee's system while on duty. No driver may pick up or transport non-employees while in a Company vehicle or on Company business, unless there is a work-related need to do so. Any illegal, dangerous, or other conduct while driving that would tend to place the lives or property of others at risk is prohibited.

Any driver who receives a traffic citation from or is arrested by a law enforcement officer, or who is involved in any kind of accident while driving, must inform an appropriate supervisor thereof immediately or as soon as possible after the incident. Any penalty, fine, imprisonment, fee, or other adverse action imposed by a court in connection with such an incident must be reported immediately to an appropriate supervisor. In both of the above situations, the matter will be reported to the Company's insurance carrier so that a prompt decision on continued coverage of the employee can be made.

Any employee who violates any part of this policy, or who becomes uninsurable as a driver, will be subject to reassignment and/or disciplinary action, up to and possibly including discharge from employment.

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Again, it is not recommended to simply adopt this sample policy for your situation without first seeking the advice of an employment law attorney. There is almost an infinite variety of policies for various kinds of workplaces and different kinds of situations. Moreover, the laws vary widely from state to state in some areas of employee relations. Thus, it is very important to make sure that what you have in your policy handbook not only truly meets your needs, but also complies with your state's law.

Don't know an attorney? Contact ELANet for information on how to find an attorney concerning the design or review of employment policies for your situation:

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