FRA506.pdf

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: REGINALD K. DUREN FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: COUNTY VEHICLE DRIVER REQUIREMENT...

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: REGINALD K. DUREN FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: COUNTY VEHICLE DRIVER REQUIREMENTS PPM #: FR-A-506 ISSUE DATE EFFECTIVE DATE August 30, 2021 September 27, 2021 PURPOSE: To ensure that all employees and reservists who are obligated or required to operate a County vehicle as an essential function of their job, maintain a valid Driver License issued by the State of Florida. UPDATES: Future updates to this PPM are the responsibility of the Deputy Chief of Administration, in conjunction with the PPM Committee, under the authority of the Fire Rescue Administrator. AUTHORITY:  Fire Rescue Administrator  FS 401.281 (1), (d)  County PPM CW-O-004  Motor Vehicle Laws of Florida  Florida Department of Transportation  Department of Highway Safety and Motor Vehicles, as may be amended. SCOPE: This policy applies to all Palm Beach County Fire Rescue personnel and reservists. ATTACHMENTS: Attachment A: Notification of Driver License Suspension Form Attachment B: Employee Driver Authorization POLICY: This policy mandates all employees possess a valid Florida Driver License before operating a County vehicle and meet all applicable laws, rules, and regulations associated with Florida’s Department of Motor Vehicles and Fire Rescue policies respectively. Any employee who does not meet the minimum requirements shall have their driving privileges immediately revoked and may suffer loss of benefits or other corrective action. DEFINITIONS: 1. County vehicle – any County owned or leased land based motorized vehicle registered in the State of Florida. 2. Reported Driver License Suspension – when a Driver License is suspended and the affected individual reports such suspension to their supervisor.  3. Non-reported Driver License suspension – when a Driver License is suspended and the affected individual does not report such suspension to their supervisor. PROCEDURE: 1. Driver’s License Check a. Driver’s License Check: i. Motor Vehicle Report Checks shall be performed weekly in accordance with the Vehicle Safety Program (PPM CW-O-004) by Risk Management. 2. New Hires a. Operation of Emergency Vehicle Affidavit i. The Florida Department of Health requires Fire Rescue to maintain an Affidavit on file for each employee operating an authorized, emergency vehicle. b. Effective July 1, 2005, per F.S.S. 322.53 (4) i. Employees currently holding a Class E license shall be entitled to all privileges previously associated with the Class D license. Drivers of emergency vehicles are required by law to hold a Class E license only. c. Any New Driver Applicant, who is required to operate a County owned vehicle must be authorized by Risk Management. Authorization will be given at the discretion of Risk Management and only if the employee: i. Is at least 18 years old ii. Has a valid Florida State Driver’s License in compliance with the provisions of Chapter 322 of the Florida Statutes, as may be amended. Employees moving to Florida from another state or country must obtain a valid Florida Driver’s License within 30 days of hire to become an authorized/verified driver. iii. No driver applicant will be hired if the current three (3) year driving record indicates a conviction of or a case pending including but not limited to the following: a. Refusal to submit to a breathalyzer b. Reckless driving c. Hit and run d. Felony using a vehicle e. Vehicle homicide f. Obtained license fraudulently iv. A driver with a conviction of or a case pending for the following will not be considered for Safety Sensitive Positions requiring driving of County vehicles: a. Driving while intoxicated b. Driving under the influence c. Driving/unlawful blood alcohol level of 0.04 or greater v. Has a job classification where the job duties require the operation of a Fire Rescue vehicle. vi. Has not lost any driving privileges by reason or revocation, suspension or denial of license to drive during the past forty-eight (48) month period (based on moving violations only) in any state. vii. Has not been convicted and/or had an adjudication withheld of three moving violations in the preceding twenty-four (24) month period or one DUI  conviction in the preceding twenty-four (24) month period. Refusal to submit to a sobriety test shall be considered a DUI in Florida or any other state. viii. Has successfully passed a pre-employment physical conducted by the Occupational Health Clinic. ix. Has successfully completed the Fire Rescue’s Emergency Vehicle Operator’s Course (EVOC), or other training as approved by Loss Control within Risk Management. Employees shall complete an additional driving course every three (3) years after the initial course. 3. Driving Eligibility and Loss of Driving Privileges a. Suspension or Revocation i. Any employee whose Driver’s License reflects infractions or whose Driver’s License is expired may be subject to suspension of their Fire Rescue driving privileges until the infraction is resolved or a new Driver’s License is obtained. ii. Once Fire Rescue is made aware of a suspension or revocation of the Driver’s License of those employees whose job duties require the ability to drive may result in their being suspended from work or removed from assignment for the duration of the Driver’s License suspension or revocation. The Deputy Chief of Administration, or designee, shall provide verification of a clear license to the affected employee’s supervisor and Risk Management when received. iii. Revocation of the employee’s Driver’s License, and severity of that cause, may be grounds for reassignment, suspension from work, and/or up to termination of employment. All such circumstances shall be considered on a case-by-case basis by the appropriate Deputy Chief. b. Existing authorized drivers, will not remain qualified to operate County vehicles if they: i. Have lost their State of Florida driving privileges by reason of revocation, suspension, withdrawal or denial of license to drive. ii. Have, as determined by the employee’s department or Accident Review Board, eight (8) or more points for "Preventable Accidents" within eighteen (18) months. He/she will be suspended from driving for Palm Beach County until such time as the points again decline to less than eight (8) points within an eighteen (18) month period. iii. Do not meet the periodic physical examinations criteria as required by the Occupational Health Clinic.(CDL Drivers Only) iv. Have a conviction of or a case pending for the following will be reviewed on a case – by-case basis and will apply to off duty violations: a. Driving while intoxicated b. Driving under the influence c. Driving/unlawful blood alcohol level of 0.04 or greater c. Loss of Driving Privilege for Operations Personnel: Operations employees shall not be authorized to operate a Fire Rescue vehicle if they: i. Have lost their State of Florida driving privileges by reason of revocation, suspension, withdrawal or denial of license to drive. The employee may not drive any fire rescue vehicle for a period of forty-eight (48) months from the date of their conviction/suspension (even if granted a driving permit for work purposes). After the forty-eight (48) month period, and when the Florida Driver’s License is reinstated, the person may again be authorized to operate a Fire Rescue vehicle pending review by Administrative Services. ii. Receive, as determined by Fire Rescue or the Accident Review Board, eight (8) or more points for “Preventable Accidents” within an 18-month period. The  employee shall be suspended from driving for Fire Rescue until such time as the points again decline to less than eight (8) within an 18-month period. iii. Do not meet periodic physical examination criteria as required by the Occupational Health Clinic. iv. Are convicted of, had adjudication withheld or failed to submit to a sobriety test associated with a DUI and have not satisfied the reinstatement requirements as described below. This also applies to DUI’s while not conducting Fire Rescue business. 4. Reinstatement of County Driving Privileges: a. Upon completion of the mandatory suspension time as stated in the applicable sections of the Vehicle Safety Program (PPM CW-O-004), the employee’s department must request restoration of driving privileges by providing a request in writing to Employee Safety / Loss Control. This request will be approved as long as the requirements for a new request for driving privileges are met. Refer to Employee Driver Notification (FR-A-506 Attachment B). b. For employees with DUIs on their Motor Vehicle Record (MVR), application for reinstatement can be provided to Risk Management when all the applicable conditions are met as outlined below: c. For a DUI conviction, adjudication withheld or failure to submit: i. The employee driver will be assigned to a non-safety sensitive position until the employee is released by the Employee Assistance Program Coordinator (EAP) and the internal investigation is completed. ii. Loss of County driving privileges until their Florida license has been reinstated or a driving permit has been obtained. iii. Successful completion of all State of Florida legally mandated requirements 5. Infractions: a. Reported Suspension of Driver License - most incidents require that when a Driver License is suspended, the owner of that license is to be notified. When an employee is notified of the Driver License suspension by the State, they are to complete and submit the Notification of Driver License Suspension Form (FR-A- 506 Attachment A) their supervisor immediately. b. The employee’s supervisor will email a copy of the Notification of Driver License Suspension Form (FR-A-506 Attachment A) to the Records and Resources Bureau by the end of the shift. c. Non-Reported Driver License Suspension - when an employee is notified by the State that their driving privileges have been suspended and DOES NOT report such suspension to their supervisor they shall be subject to discipline up to and including termination depending upon the circumstances and severity of the infraction. d. When an employee turns in their State of Florida Driver License for another State’s Driver License, the driving privileges of that individual to drive a County vehicle is revoked. If that employee is being paid to drive a County vehicle, an adjustment shall be made retroactive to the date of the loss of a valid State of Florida Driver’s License. e. Existing approved drivers shall NOT remain qualified to operate a County vehicle  if they meet any of the sections listed in the Vehicle Safety Program (PPM CW- O-004). 6. Records: a. Any infraction necessitating a suspension, or revocation, etc., of an individual’s driver license shall be kept on file at the Records and Resources Bureau for a minimum of five (5) years from the date of conviction of that suspension. b. When an employee completes any change to their current driver license, they must submit that change and a current copy of their Driver’s License to the Records and Resources Bureau. This includes address change, name change or license type change. c. Any of these changes that may occur shall be sent to the Records and Resources Bureau within t w o ( 2) weeks from the completed change on the employee’s new license. ______________________________ REGINALD K. DUREN FIRE RESCUE ADMINISTRATOR Supersession History 1. PPM#FR I-75, issued 02/01/2012 2. PPM#FR I-75, issued 06/12/2014 3. PPM#FR I-75, issued 06/23/2017 4. PPM#FR A-506, clerical 03/01/2018 5. PPM#FR A-506, revised 08/30/2021