The legal problems that can arise from employees who drive during their employment are too numerous and varied to mention. This workbook is designed to touch upon some of the more common issues and problems employers encounter from employees who drive.

This workbook will provide a general overview of such issues as licensing requirements, drug and alcohol testing, the employer pull notice program, mileage reimbursement, insurance, driving policies to prevent accidents, and employer liability for accidents. This is only meant as an overview and the appropriate course of action for any employer is usually best determined on a case-by-case basis.

Topics Include:

• Licenses in General: What Type is Required?
  • Basic Class C Driver’s License
  • Commercial Class C Driver’s License
  • Commercial Class B Driver’s License
  • Noncommercial Class B Driver’s License
  • Commercial Class A Driver’s License
  • A Special Word About Emergency Vehicles
  • Motorcycle Licenses
• Commercial Drivers Licenses
  • Inter-Play of California Law and Federal Law
  • General Outline of the FMCSA’s Commercial Driver’s License Standards, Requirements and
  • Penalties Applicable to California Commercial Driver’s Licenses
  • Medical Examination Report
• Employer Pull Notice (EPN) Program
  • Mandatory Enrollment and Employer Responsibilities under EPN
  • Voluntary Participation in EPN Program
  • Employee Removal from Driving Position Based on Information in EPN Program
  • Confidentiality of EPN Program Records
• Adverse Action Based on Motor Vehicle Violations or Inability to Operate a Motor Vehicle
  • Addressing Employees with Motor Vehicle Violations or Restrictions
• Reimbursement for Employee’s Use of Personal Vehicle at Work  
  • Does California Labor Code Section 2802 Apply to Public Agencies?
  • Proper Reimbursement Procedures Under California Labor Code Section 2802
• Insurance, Accident Reports & Defending Your Employee
  • California’s Financial Responsibility Laws
  • Accident Reporting
  • Insurance Coverage
• Preventing Accidents & Driving Distractions
  • Internal Preventative Policies for Employers
  • Policies for Employees that Drive Vehicles
  • A Special Word About 15-Passenger Vans
  • California’s Hands-free Cell Phone Use Law
• Employer Liability for Employee-Related Accidents
  • “Respondeat Superior” – Employer Liability for Actions Taken by Employee Within Course and Scope of Employment
  • Monitoring Employee Movements While Driving
• DOT Drug and Alcohol Use and Testing
  • Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Testing Rules
  • Drug and Alcohol Testing Under the Federal Transit Administration (FTA)
  • When an Employee is Covered by the FMCSA & FTA Drug and Alcohol Testing Requirements
• Non-DOT Drug and Alcohol Use and Testing
  • Drug & Alcohol Testing for Non-Commercial Licensed Employees