Changing a job requirement

Kymm · August 2004

Ok..here's the scenario... we have a position of Production Worker... we now need to have that person (or people)to be able to drive to another facility occasionally (during the workday)and perform work there. Our company policy states that IF you drive on company business (even in your own car) you must be on our "authorized drivers list" - which means we have run an MVR report and it is deemed "acceptable" by our insurance company (and "acceptable" is defined in policy.) Now that we have added this "job duty" to the production worker job description, what happens to those production workers that are currently working for us that we find are NOT acceptable to drive? Not that we would do this, but could they be "laid off" or "terminated" as they now are not qualified?

dwms · August 2004

Assuming you don't fall under any State labor laws that would impact this, you probably could. We could in Mississippi - knowing that unemployment would be granted under such a circumstance.

We implemented a point system some years back to qualify people who would drive for us. I think we only had one who couldn't pass and driving was not the person's primary job duty. To be fair, we determined the approximate time the person would meet the new standards barring any further citation activity and put the person on a warning that he must be qualified by that date or face termination. He was not allowed to drive for us until that date.

E Wart · August 2004

First, talk with your liability insurance agency and determine what qualifications you need for them to be covered under your insurance. (Could be no more than 3 moving violations in the last 3 years and no DUI.)
Then add redefine your policy to adhere to that and add it to the Production Worker's job description.
Yes, you could let someone go if they are no longer able to meet the requirements of the job. However, you need to make sure there are not ADA reasons before you take action. Also, could you design the description to designate the Sr. Production Worker (or something like that) for only those who are able to drive. It sounds as if their job may be more complicated and have additional responsibilities. So, you could use this as a "promotion opportunity" and could have a higher salary range for people in this category. Then you could retain the other Production Workers that can't drive in the "Production Worker" category and their job descripiton wouldn't require driving.
From now own when you hire someone, you should be careful about this if you will need them to drive.
E Wart

Changing a job requirement

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