Safety

All 5310 agencies must comply with both federal and state requirements associated with the funding program, which require each agency to develop and implement specific policies and processes that guide the day-to-day operation of the transportation program.  These policies and processes are spelled out in the agency’s Transportation Operating Procedure (TOP), which focuses primarily on the Safety and Maintenance procedures needed to comply with the requirements in this section.

The TOP is the major compliance component for 5310 agencies.  The TOP should guide all aspects of the agency’s transportation program and should be used as a training tool for drivers and managers. Many of the required policies have flexibility in how they are implemented by the agency.

Best practice guidance:  review and update your TOP on an annual basis to ensure it is in compliance and provides a detailed handbook for transportation team members.

Agencies are required to develop and adopt a TOP that complies with FDOT requirements, as follows: 

• The TOP must be site specific and approved (signed and dated) by the person directly responsible for the management of the agency.

• The TOP must include a management commitment to safe and secure transportation services.

• The TOP must require that vehicles are operated in compliance with applicable traffic regulations, ordinances, and laws of the jurisdiction in which they are being operated.

The TOP template includes additional recommended and required policies and procedures that can be adapted to the agency’s unique situation and practices. 

Click here to download the latest TOP template.

The TOP must describe a process for selecting, qualifying, and training drivers, including requiring the following:  

Background Checks: 

Agencies must conduct and maintain documentation of current criminal history background checks for all drivers, including pre-employment and updates.

Implementation: HR staff should ensure criminal history checks are updated prior to the expiration date and maintain all records in driver HR files.

Best practice guidance:  Pre-employment and subsequent criminal history checks should be Level 2 (fingerprint) checks.

Driver Documentation:

 Agencies must maintain a copy of each driver’s current driver’s license. 

Agencies must conduct and maintain documentation of driver license or driver history checks, both pre-employment and annual updates, at a minimum.

Implementation: HR staff should ensure driver license checks are conducted according to TOP procedures and maintain all records in driver HR files.

Best Practice guidance:  Agencies should consider developing policies and procedures for follow-up when a driver's license check indicates the license is not valid (suspended, expired, or valid-pending sanctions status).

Driver's License Status Change:

Agencies must prohibit any driver from operating an agency vehicle if the driver’s license is suspended, cancelled, or revoked.   Drivers are required to notify agency immediately and no later than the following business day of any notification that his or her license is suspended, cancelled, or revoked.

Commercial Driver License Required:

Click here for requirements for agencies that operate one or more vehicles Commercial Motor Vehicles (CMV), which are vehicles designed to carry 16 or more passengers (including the driver). 

Safety: 

Drivers are not permitted to operate a vehicle when his/her ability is impaired, or likely to be impaired by fatigue, illness, or other causes.

Drivers must be trained in the following training topics:

• Vehicle Equipment Familiarization

• Vehicle & Equipment Inspections

• Basic vehicle operations & maneuvering

• Operation of wheelchair lifts and special equipment

• Boarding & Alighting Passengers

• Passenger assistance & securement

• Defensive Driving

• Distracted Driving and Wireless Communications – addresses hazards associated with the use of a wireless communication device.

• Handling Emergency Situations

Implementation:

• Driver training staff or HR staff should document/track specifically how drivers are trained on each of the above required training topics.  If a standard ‘off-the-shelf’ training module is not used, training documentation must include training agenda, presentations, and handouts. 

• Training documentation must be maintained in driver files and must be in the form of driver-signed acknowledgement of training on a specific training topic, a certificate from a trainer or training module, and/or copies of completed quizzes/exams that confirm learnings.

• Drivers must be fully trained prior to operating a 5310 vehicle, and refresher training is recommended every 1 – 3 years.

Click here to download Driver Training Resources for 5310 Agencies.

Emergency Procedures: 

Agencies are required to develop and implement procedures for handling emergencies that occur when the vehicle is being used away from the facility.  Procedures should be spelled out in the TOP. 

For agencies operating one or more vehicles with more than three wheelchair positions, agencies must:

• Conduct a hazard analysis to assess the level of risk the seating capacity and configuration could pose if a vehicle needed to be evacuated in an emergency situation; and, 

•   Adopt a safety policy that contains emergency evacuation procedures which specifically address wheelchair evacuation.

Wireless Communication Policies: 

Agencies are required to develop and implement a Wireless Communication Policy that includes the following:

1. • Prohibits the use of a personal wireless communications device while the transit vehicle is in motion;

   • Requires that all personal wireless communications devices be turned off, with any earpieces removed from the driver’s ear while occupying the driver’s seat;

   • Contains a policy on the use of a wireless communications device issued to the driver by your agency;

   • Guarantees the use of a wireless communications device will not interfere the driver’s safety related duties; and, 

   • Requires a driver training program that addresses hazards (accidents/incidents) associated with the use of a wireless communications device. 

Best Practice guidance:  Drivers are required to be trained on Distracted Driving.  Agencies can choose a Distracted Driving training that also addresses wireless communication hazards.

Click here to download the recommended template for your Wireless Communication Policy.

Accident Procedures:

Agencies are required to develop and implement an Accident Investigation Policy & Procedure that:

• Requires the agency to conduct an internal investigation of accidents/incidents meeting any one or more of these thresholds:

  1. 1. Property damage equal to or exceeding $1,000

     2. Injuries requiring immediate medical attention away from the scene for 2 or more individuals.

     3. Fatalities where an individual is confirmed dead within 30 days of an accident, excluding suicide and death from an illness

• Requires the agency to:

  1. 1. Maintain a tracking system for accidents/incidents

     2. Complete initial internal accident/incident reports within 12 hours of the incident/accident

     3.  Maintain a tracking system for all accidents

     4. Notify FDOT District 6 within 24 hours of any accident involving an agency vehicle. 

     5. Maintain accident files that include a final accident investigation report documenting:

        • Description of all investigation activities

        •  Identification of causal factors for the accident

        • A Corrective Action Plan with an implementation schedule/timeline

All 5310 agencies are required to develop and implement a Substance Abuse Management (SAM) policy that:

•  Requires compliance with the agency’s substance abuse policy as a condition of employment

• Includes consequences of violating the policy

• Describes the effects and consequences of illicit drug use and alcohol misuse on the employee’s health, safety, and work environment

• Prohibits the possession, sale, manufacturing, and consumption of illicit drugs classified in Schedule 1 of the Controlled Substances Act.

• Prohibits the consumption of alcohol in any form, including medication containing alcohol, while on agency property and while performing any agency-related duty

• Identifies the employer representative for the confidential, voluntary reporting of an employee’s prescription drug abuse, illicit drug use, or alcohol misuse

• Includes available resources for employee assistance and/or community hotline number, if available

Agencies operating vehicles that require a Commercial Driver’s License (CDL) must develop and implement a substance abuse management policy that includes all above requirements, as well as policies that comply with the Federal Motor Carrier Safety Administration’s Controlled Substances and Alcohol Use and Testing regulations. Click here to read more about Substance Abuse Management requirements for CDL-required agencies.

 Click here to download the TOP template that includes a SAM policy template for your agency.

Q – Our driver has a Commercial Driver’s License (CDL), but our agency does not operate any CDL-required vehicles (OR our driver is not currently operating a CDL-required vehicle).  Are we required to implement the FMCSA Substance Abuse Management drug/alcohol testing program for this driver?  Must we maintain a copy of their medical certification in our records?  

A – If your agency is not operating a CDL-required vehicle, your CDL driver must not be subject to the FMCSA SAM requirements.  However, your agency may choose to implement your own drug/alcohol testing program for drivers at your discretion.  Because all CDL drivers must maintain medical certification, FDOT recommends that you verify this documentation, but your agency is not required to do so if your agency is not operating any CDL-required vehicles.  

PLEASE NOTE:  If your CDL driver is not currently operating a CDL-required vehicle, but your agency operates CDL-required vehicles, and the CDL driver could be called upon to operate a CDL-required vehicle, your CDL driver must be included in your pool of drivers operating CDL-required vehicles.