How to Avoid Liability for Problem Employee Drivers

To avoid liability, you need to identify drivers who could put you at risk and keep them off the road for work purposes. Here’s how:

• Do a background check.Workers whose job description includes any driving should have a “clean” driving record. Decide in advance what qualifies as clean. For example, some employers don’t concern themselves with parking tickets or a single speeding ticket.

• Order a physical.For some drivers, this is required by law; for others, it may simply be prudent. Make sure workers’ job descriptions include a description of any driving the worker may be required to do while on duty—this is important because mandatory medical examinations that aren’t job-related may violate antidiscrimination laws. And remember that you cannot require applicants to undergo medical exams before you offer them employment.

• Check for drugs.If you don’t include drug testing in your pre-employment procedures, you’re leaving yourself wide open for many potential problems—including the possibility that a worker will cause an accident while under the influence.

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• Check the worker’s job history.Especially if the worker was a driver for a previous employer, request the worker’s driving record and look for red flags like accidents or poor safety performance.

• Create a written driver safety policy.A written policy can make your expectations clear to drivers and help shield you from liability. The policy should cover common behaviors that contribute to motor vehicle accidents, such as following too closely, changing lanes abruptly or excessively, speeding, rolling through stops at intersections, and racing to beat red lights. The policy should also address behaviors that contribute to distracted driving, such as cell phone use; the taking of prescription and over-the-counter medications; drowsy driving and other “legal” but dangerous situations; vehicle inspections; seat belt use; and strict compliance with motor vehicle laws.

• Enforce safety.Be clear from the very beginning about the consequences of breaking the rules in your driver safety policy—and consistently enforce them.

• Train your drivers.Anyone who drives as part of his or her job should complete a driver safety course, at a minimum. Drivers who carry additional responsibility—for example, driving commercial vehicles or carrying passengers—should complete additional training and hold all licenses required by law. Drivers can also complete courses covering special circumstances (such as winter driving) or vehicles.

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