Drivers, liability

Sept. 1, 2005
JIM Henderson of Helpe Inc brought the International Milk Hauler Association up to date on liability issues and the relationship to driver management.

JIM Henderson of Helpe Inc brought the International Milk Hauler Association up to date on liability issues and the relationship to driver management. He made the presentation at the association's annual meeting April 24-26 in Nashville, Tennessee.

Discussing liability issues, he said that carriers are likely to be sued as a result of a vehicle accident. As a result of the increasing risk — and attempting to ameliorate it — insurance companies are becoming more involved in the day-to-day hiring practices of carriers.

In addition, carriers should realize that insurance does not cover punitive damages that might occur as a result of a lawsuit. All of this is to say that safety should be a top priority, and drivers are the key to a safe operation.

“You cannot operate a fleet without good, credible drivers,” he said.

Carriers face the problem of knowing when to hire drivers, when to dismiss them, and when to continue to employ them. Part of the problem stems from companies taking too little time to spend on the driver-hiring process, managers' lack of expertise in working with drivers, and too few managers available for managing driver hiring and retention, he said.

But the repercussions that can follow an accident make it essential to develop a viable, ongoing driver program in an effort to improve safety.

Costs from accidents, even minor ones, add up when there are injuries, vehicle damage/repairs and out-of-service status, environmental cleanups from a spill, legal fees, and towing charges.

He advised carriers to verify a prospective driver's experience, proven safety, and customer service attitude. A driver's physical condition also should be considered. Equally important is the driver's knowledge of federal regulations that are related to the job.

Managers conducting driver interviews should contact former employers, make a written record of their responses, even if they decline to discuss their former employee, and keep the information in the drivers' records.

Look for indications of violence, substance abuse, and criminal behavior.

“Probe for their strengths and weaknesses before you put them on the road,” he said.

As for discipline or dismissal measures, the carrier's policy should note that every accident is subject to discipline or discharge.