Five Reasons Why Motor Carriers Should Update Their Driver Manuals
Motor carriers commonly issue driver manuals during new driver orientation. Because it is such a routine part of training, it can be easy to overlook that these form documents often contain critical language that can create significant risks for motor carriers, especially in litigation and regulatory compliance. While there are many reasons updating these manuals should remain a priority, here are five that Scopelitis attorneys want motor carriers to keep in mind:
- Safety Compliance.
Driver manuals typically address requirements imposed by the Federal Motor Carrier Safety Regulations and, when applicable, the Hazardous Materials Regulations. These requirements include policies addressing the Hours of Service, Drug and Alcohol compliance, and vehicle inspections. However, they frequently lack critical information required by the regulations and, in some circumstances, contain language that directly contradicts the regulations. Ensuring the driver manual includes compliant policies will provide drivers with clarity and thus reduce the risk of confusion that can often lead to safety violations.
- Independent Contractor Issues.
Driver manuals could have language that plaintiff’s attorneys might use as evidence of control over an independent contractor driver, which could jeopardize the driver’s independent contractor status. Removing this problematic language puts a company in a better position to defend itself if a driver or state challenges independent contractor classification.
- Class Actions.
Motor carriers regularly face wage-and-hour class actions related to policies in driver manuals, including compensation and expense reimbursement policies. The specific language used in a compensation policy frequently plays a critical role in the company’s defense.
- Accident Litigation.
Some driver manuals include language imposing safety standards that exceed what the law requires. When an accident occurs, language like this makes it difficult for the driver and, perhaps more importantly, the safety director to defend the driver’s and the company’s actions if the company did not meet the lofty safety rules and policies set forth in the driver manual.
- Employment Policies.
Motor carriers frequently include their employment policies in driver manuals, including policies related to anti-discrimination, anti-harassment, and disabilities. It is crucial to ensure those policies fully comply with current laws and regulations, with special consideration given to the states where the company operates.
Contact Scopelitis if you need any assistance updating your driver manuals.
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
Five Reasons Why Motor Carriers Should Update Their Driver Manuals
Motor carriers commonly issue driver manuals during new driver orientation. Because it is such a routine part of training, it can be easy to overlook that these form documents often contain critical language that can create significant risks for motor carriers, especially in litigation and regulatory compliance. While there are many reasons updating these manuals should remain a priority, here are five that Scopelitis attorneys want motor carriers to keep in mind:
- Safety Compliance.
Driver manuals typically address requirements imposed by the Federal Motor Carrier Safety Regulations and, when applicable, the Hazardous Materials Regulations. These requirements include policies addressing the Hours of Service, Drug and Alcohol compliance, and vehicle inspections. However, they frequently lack critical information required by the regulations and, in some circumstances, contain language that directly contradicts the regulations. Ensuring the driver manual includes compliant policies will provide drivers with clarity and thus reduce the risk of confusion that can often lead to safety violations.
- Independent Contractor Issues.
Driver manuals could have language that plaintiff’s attorneys might use as evidence of control over an independent contractor driver, which could jeopardize the driver’s independent contractor status. Removing this problematic language puts a company in a better position to defend itself if a driver or state challenges independent contractor classification.
- Class Actions.
Motor carriers regularly face wage-and-hour class actions related to policies in driver manuals, including compensation and expense reimbursement policies. The specific language used in a compensation policy frequently plays a critical role in the company’s defense.
- Accident Litigation.
Some driver manuals include language imposing safety standards that exceed what the law requires. When an accident occurs, language like this makes it difficult for the driver and, perhaps more importantly, the safety director to defend the driver’s and the company’s actions if the company did not meet the lofty safety rules and policies set forth in the driver manual.
- Employment Policies.
Motor carriers frequently include their employment policies in driver manuals, including policies related to anti-discrimination, anti-harassment, and disabilities. It is crucial to ensure those policies fully comply with current laws and regulations, with special consideration given to the states where the company operates.
Contact Scopelitis if you need any assistance updating your driver manuals.
News from Scopelitis is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.