Commercial Auto- Tips to Manage Risk of Employees Driving
Sep 27, 2021
Commercial Auto- Tips to Manage Risk of Employees Driving

Have you ever been home with a sick kid watching Let’s Make a Deal and you start to realize that every other commercial on television is an auto accident attorney? Have you been injured in a vehicle crash? You are entitled to compensation. The next thing you hear is the voice of the client, my lawyer got me one million dollars, the insurance company was going to offer me less. Hmmmm….


The vast majority of civil litigation is personal injury lawsuits involving things like dog bites, defective products or medical malpractice, but according to the U.S. Department of Justice, motor vehicle accidents accounted for more than half of the personal injury cases (52% to be exact) and plaintiffs were successful about 61% of the time.  The main causes of vehicle crashes according to the National Highway Traffic and Safety Administration are alcohol, speeding, distracted driving, large truck accidents, and pedestrian and bicycle accidents.


These dangerous factors are well known, but what happens when you put an employee into a vehicle that you own? You give them the car, and you give them your insurance. Everything that they do behind the wheel can affect your business. Vehicle accidents leave your vehicle damaged or totaled and responsible for the injuries of your employee and anyone else they are found legally liable for.   I’m going to share with you some tips to ensure that driver safety is a top priority for your company.


Tips for Driver Safety


1. Write a company policy to spell out rules for safe driving

Use your employee handbook to spell out the rules for using the company vehicle. Make sure that it is in your written policy to obey all the rules of the road, avoiding texting or calling while driving and exercise the proper due diligence to drive safely and maintain the security of the vehicle and its contents. Employees should be notified that they will be responsible for all driving infractions including fines as a result of their driving. Under no circumstances is the employee permitted to operate a company vehicle with any physical or mental impairment that may cause the employee to drive unsafely including the use of drugs or alcohol weather legal or illicit.


2. Check employee driving records

If your employees drive for work purposes, you should check their driving record to ensure they’re not prone to traffic violations and other driving-related offenses. Insurance carriers also have driver guidelines for acceptable drivers and those are important to know about and follow. The industry uses real data to formulate the guidelines for the ideal driver and the criteria vary but typically age, driving record (frequency and severity) and mileage driven are the main factors. You may be subject to adverse pricing based on driving records and past losses. To review a person’s driving record, you can obtain a motor vehicle report from the Department of Motor Vehicles in the state in which the employee is licensed. The employee will need to sign a release authorizing you to obtain that information from the DMV. Make sure employees understand that this will be required of them prior to their employment.


3. Implement driver safety training

Create a culture of driving safety within your company by developing and implementing a driver safety program. Hold seminars and workshops on a regular basis to properly train employees and ensure they understand what’s expected of them. You can provide refreshers on what they’ve learned by offering e-learning courses on driver safety. Many insurance carriers offer driver safety training on their web sites most of the time at a low or no cost with your commercial auto insurer. In addition, SimcoHR has a Learning Management System with several safety trainings available. Formal defensive driving courses are available through various sources and can offer discounts on your insurance.


4. Consider tracking vehicles with technology

There are several GPS trackers and monitors on the market all which allow you to monitor the speed and location of your company owned vehicles. Telematics is just one way to get just a little bit of control back from the use of your commercial vehicle by employees. The use of telematics can provide automatic reporting of mileage, driving time and time at a job site. It can encourage safe driving, reduce unauthorized vehicle use and improve vehicle security because you’ll know where it is 100% of the time. In addition, telematics can reduce the cost of your insurance, some up to 15%.


5. Have adequate insurance

Insurance policies are an important risk management tool for employers who have vehicles out on the road. Not only is the insurance statutory, but it plays an important part when accidents happen to indemnify those involved and protect the business’ bottom line when their driver is at fault. Most commercial auto policies start at a combined single limit of $1,000,000 and higher limits are available including coverage under an umbrella policy.  With the proper vetting of employees and keeping up your vehicles’ maintenance, employee training and enforcing good driver policies you can safely navigate the waters of commercial auto.


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DOL Issues Guidance on AI-related Wage and Hour Risks

11 May, 2024
On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published Field Assistance Bulletin (FAB) No. 2024-1 on the use of artificial intelligence (AI) in the workplace. The FAB follows a statement released by the White House announcing key AI-related actions following President Joe Biden’s executive order issued on Oct. 30, 2023, on establishing standards for AI safety and security. Guidance on AI-related Wage and Hour Risks Employers are increasingly using AI tools to generate timecards, set schedules, monitor performance, track employee hours and process payroll. As such, the FAB highlights certain compliance risks under the Fair Labor Standards Act (FLSA) for employers using these tools. These risks include: Tracking employee work time; Monitoring employee break and waiting time; Using location-based monitoring for individuals performing work at multiple geographic locations; Calculating employees’ regular rate of pay and overtime compensation; and Violating the FLSA’s antiretaliation provisions To aid employers in addressing these compliance risks, the WHD identifies recommended practices, including exercising proper human oversight, to help ensure that AI systems and tools do not violate the FLSA. Additional AI-related Guidance In addition to addressing FLSA compliance risks, the FAB also examines certain AI-related risks that may arise under other laws, including the Family and Medical Leave Act (FMLA), the Providing Urgent Protections for Nursing Mothers Act (PUMP Act) and the Employee Polygraph Protection Act (EPPA). For example, using AI tools to administer FMLA leave can create potential risks for violating the law’s certification requirements when determining whether an employee’s leave is FMLA-qualifying. Employer Action Items While FABs are not necessarily legally binding, they offer insight into how the DOL interprets laws it enforces and how agency officers will analyze workplace conditions and circumstances to enforce compliance.  Using AI systems for scheduling, timekeeping and calculating rates of pay and overtime may increase an employer’s risk under the FLSA. Therefore, employers should ensure that their AI systems and tools comply with all federal laws and regulations by examining potential legal and business risks associated with AI, implementing AI usage policies and establishing internal best practices.

Nurturing Your Mind: Embracing Mental Health Awareness Month

30 Apr, 2024
As we step into May, we're reminded of the importance of mental health and well-being. May marks Mental Health Awareness Month, offering us an opportunity to renew our commitment to nurturing our minds and fostering supportive environments, both in and out of the workplace. In this blog post, we'll explore practical strategies for enhancing mental health, including small tips that can refresh you mentally during the workday. Embracing Self-Care Amid life's hustle and bustle, it's crucial to carve out time for self-care. Whether it's practicing mindfulness, engaging in hobbies, or simply taking a moment to breathe deeply, prioritizing self-care nurtures mental resilience and fosters a sense of inner peace. Cultivating Work-Life Balance In today's fast-paced world, achieving a healthy work-life balance is essential for mental well-being. Set boundaries between work and personal life, establish a routine that includes breaks and leisure activities, and strive to unplug from technology during downtime. Remember, balance is key to sustaining productivity and happiness. Fostering a Supportive Workplace Culture Employers play a pivotal role in promoting mental health in the workplace. Encourage open dialogue about mental health, offer resources such as counseling services or mental health days, and prioritize flexibility to accommodate employees' well-being needs. By fostering a supportive culture, organizations cultivate environments where employees feel valued, understood, and empowered to prioritize their mental health. Supporting Loved Ones If someone you care about is struggling with mental health challenges, your support can make a significant difference. Listen without judgment, offer empathy and reassurance, and encourage them to seek professional help if needed. Remember, your presence and understanding can provide comfort and strength during difficult times. Practicing Gratitude Gratitude is a powerful tool for enhancing mental well-being. Take time each day to reflect on moments of gratitude, whether it's appreciating the beauty of nature, expressing gratitude for supportive relationships, or acknowledging personal achievements. Cultivating a mindset of gratitude fosters resilience and enhances overall happiness. Small Tips to Refresh Your Mind During the Workday  Take short breaks: Step away from your desk for a few minutes to stretch, walk around, or simply gaze out the window. These brief pauses can rejuvenate your mind and boost productivity. Practice deep breathing: Incorporate deep breathing exercises into your day to reduce stress and promote relaxation. Close your eyes, inhale deeply through your nose, hold for a few seconds, and exhale slowly through your mouth. Connect with nature: Spend time outdoors during your lunch break or coffee breaks. Even a brief stroll in a nearby park or green space can invigorate your senses and clear your mind. Listen to music: Create a playlist of soothing music or uplifting tunes to listen to during work breaks. Music has the power to uplift your mood, reduce anxiety, and enhance focus. Stay hydrated: Drink plenty of water throughout the day to stay hydrated and maintain mental alertness. Dehydration can impair cognitive function, so keep a water bottle handy and sip regularly. Practice mindfulness: Take a few moments to practice mindfulness or meditation exercises. Focus on your breath, observe your thoughts without judgment, and cultivate a sense of presence and calm. Declutter your workspace: A clutter-free workspace can promote mental clarity and productivity. Take a few minutes to tidy up your desk, organize files, and create a calming environment conducive to focus. Engage in positive self-talk: Replace negative self-talk with affirming and encouraging statements. Remind yourself of your strengths, accomplishments, and capabilities, and cultivate a mindset of self-compassion and resilience. Connect with colleagues: Build supportive relationships with coworkers by engaging in meaningful conversations, sharing experiences, and offering mutual support. A sense of camaraderie and connection can foster a positive work environment and bolster mental well-being. As Mental Health Awareness Month unfolds, let's commit to nurturing our minds and supporting those around us. By embracing self-care, fostering work-life balance, promoting workplace well-being, and offering compassionate support to loved ones, we contribute to a culture of mental health awareness and resilience. Remember, you are not alone. Reach out for support if you need it, and let's journey toward better mental health together.

DOL Announces Final Overtime Rule Increasing Salary Levels for White-collar Employees

30 Apr, 2024
On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule to amend current requirements employees in white-collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA). The final rule will take effect on July 1, 2024. Increased Salary Level The FLSA white-collar exemptions apply to individuals in executive, administrative, professional, and some outside sales and computer-related occupations. Some highly compensated employees may also qualify for the FLSA white-collar overtime exemption. To qualify for this exemption, white-collar employees must satisfy the standard salary level test, among other criteria. This salary level is a wage threshold that white-collar employees must receive to qualify for the exemption. Starting July 1, 2024, the DOL’s final rule increases the standard salary level from: $684 to $844 per week ($35,568 to $43,888 per year); and $107,432 to $132,964 per year for highly compensated employees. On Jan. 1, 2025, the standard salary level will then increase from: $844 to $1,128 per week ($43,888 to $58,656 per year); and $132,964 to $151,164 per year for highly compensated employees. Automatic Updates The DOL’s final rule also includes mechanisms allowing the agency to automatically update the white-collar salary level thresholds without having to rely on the rulemaking process. Effective July 1, 2027, and every three years thereafter, the DOL will increase the standard salary level. The agency will apply up-to-date wage data to determine new salary levels. Impact on Employers The first salary level increase in July is expected to impact nearly 1 million workers, while the second increase in January is expected to affect approximately 3 million workers. Employers should become familiar with the final rule and evaluate what changes they may need to adopt to comply with the rule’s requirements. Legal challenges to the rule are anticipated, which may delay the final rule’s implementation.

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