Adding a driver's license requirement to JD

criddle

Here's the situation: The Dept wants to add a valid driver's license requirement to a job description that has been around since 1997 w/o that requirement. The reason is that the job does occasionally drive to other locations for work (more so now than before due to lower staffing) and the dept wants the employee to use the company vehicle. The current job description does not specifiy this duty except for it is covered under "performs other duties as needed". Here's the concern - there is a long-tenured employee in the position who has been doing this driving work recently and using their personal vehicle and when told to use the company vehicle, they found out the employee does NOT have a driver's license currently. The employee did not advise the dept because it was not a requirement on the current job description. If they update the job description, won't this disqualify that employee? Any words of wisdom and/or guidance on how best to approach. :help: Thanks!

Dutch2

This causes various red flags to go off... What would happen now if the ee has an accident in their own vehicle and the person they injured finds out they were "on the job" and with the lawyer decide to sue both them and the employer? We required a copy of the driver's license for all ee's that drive on company time for both their personal vehicle and company vehicles. Just recently the insurance company that provides our company liability insurance stated all drivers had to have a minimum amount of personal liability on their personal vehicle or we would not reimburse them for mileage.
Rather than force the ee out of the job it will force them to get a valid driver's license if they wish to get doing this job.

cnghr

I agree with Dutch. We also require a copy of a valid driver's license for any employee who may drive on company time, whether it is their own vehicle or a company-owned vehicle. Personally, I wouldn't want to see my company put in the position of being held liable because we allowed an unlicensed driver to drive in the course of their job duties, even occasionally. This is just a lawsuit waiting to happen.

I think in this case I would change the job description to include the "valid driver's license" part, and give the employee a certain amount of time to get a driver's license, which they will then be forced to do if they want to keep their job.

NaeNae55

If this person gets in an accident, even if they are not using a company vehicle, you are liable. Now that you are aware that they don't have a valid license, you are even more liable.

You need to either prohibit this person from driving for you or put it on the job description and give them a set amount of time to obtain one. I understand this is not an essential job duty, but think about how you might explain it in court or to a parent whose kid was killed by your employee. Even if they are just driving in your parking lot in their own car you might find yourself sued. I would seriously consider forcing the issue. You don't want to be held liable for allowing illegal activity that could possibly result in harm to another employee or a visitor.

joannie

I agree with the others and go a step further. We pull annual MVR's on everyone driving company vehicles. They are reviewed and if they do not meet our insurance requirements, the employees are either terminated if driving is an essential part of their job duties or they are disciplined and may be exempted from driving company vehicles or on company business.

criddle

Thanks - this helps alot and we'll get a move on it. Appreciate your guidance folks!!!