Policies and Procedures for Company and Leased Drivers Revised 3-3-14 DRIVER ACKNOWLEDGMENT I, _____________________________ (Print Employee Name), acknowledge that I have received and reviewed a copy of the “Policies and Procedures for Company and Leased Drivers” manual provided by LLL Transport, Inc. Please initial each of the following to further acknowledge receipt: ____Company Procedure Structure ____Employment Policies ____Driver Qualification Standards ____Job Description for Company Drivers ____Standards of Operation ____Motor Vehicle Record Standards ____Loading and Unloading Procedures ____Equipment and Maintenance ____Immediate Suspension and Termination Policies ____Work Safety Rules ____Speeding and Vehicle Control ____Accidents and Incidents ____Alcohol and Controlled Substance Testing ____Hours-of-Service ____Roadside Inspections ____Miscellaneous Requirements ____CSA Acknowledgement ____Revisions I further certify that I have had all of the policies contained in this Manual explained to me and I understand them fully. I also understand that I have the right to ask questions if further explanation is required. I understand that I will be expected to follow all of these policies. I also understand that failure to follow these policies may result in disciplinary action, up to and including, termination of employment. I understand that I have the responsibility to work safely and I agree to do so. I understand and agree that I will not perform any task or operate any equipment for which I have not been properly trained. This acknowledgement must be signed and received by the office in Mission, KS before performing any safety-sensitive function. __________________________ DATE Revised 3-3-14 ______________________________________________ SIGNATURE Revised 3-3-14 Emergency/Accident Response Plan -LLL Transport, Inc.In the event of any accident or spill, the following actions are to be taken: 1. Driver is to immediately notify LLL Transportation, Inc. Safety/Dispatch personnel. *John Zahner: 913-777-5405 *Brian Woodfine: 913-777- 5407 *Dan West: 913-777-5409 *Don Hoke: 913-777-5408 *Julia Brown: 913-777-5427 If no spill has occurred, continue to step 4. 2. If product is discharged, Safety/Dispatch personnel are to immediately notify: ERTS (Emergency Response & Training Solutions, Inc.) 1-800-924-6804 or 1-800-210-6804 [ERTS provides the following services on behalf of LLL Transportation: Immediately notifies all required Federal (National Response Center), State & Local EPA, DOT agencies. Immediately identifies & hires/dispatches all necessary private environmental response cleanup contractors to mitigate discharge.] *Also notify emergency response phone number on bill of lading and local authorities. 3. If product is released, driver is to isolate vehicle in a safe area, taking precautions to keep people, general public away from discharge. If safe to do so, keep discharge away from drains and/or waterways. 4. After local authorities (police/fire) have been contacted, report accident to Great West Casualty Company and complete accident kit provided in Driver Binder. Great West Casualty: 1-800-228-8040 Revised 3-3-14 Revised 3-3-14 Oil Spill Prevention & Response Plan Prepared by: Emergency Response & Training Solutions Revised 3-3-14 Revised 3-3-14 The following Oil Spill Prevention & Response Plan is per 49 CFR Part 130. The plan prescribes response planning requirements of the Department of Transportation applicable to the transportation of oil by LLL Transportation, Inc. motor vehicles. Where LLC Transportation transports in the following states: - Colorado, Nebraska, Kansas, Oklahoma, Arkansas, Missouri, Iowa, Minnesota, Illinois, Indiana, Kentucky, Tennessee, North Carolina. The scope of this Plan is per 49 CFR 130.2 (a) (1). LLL Transportation, Inc. transports oil only in bulk packaging up to 10,000 gallon capacity. § 130.2 Scope: (a) The requirements of this part applies to— (1) Any liquid petroleum oil in a packaging having a capacity of 3,500 gallons or more; and (2) Any liquid petroleum or non-petroleum oil in a quantity greater than 42,000 gallons per packaging. All applicable LLL Transportation, Inc. employees have been instructed to comply & are knowledgeable on the Plan per 49 CFR 130.3. § 130.3 General requirements: No person may offer or accept for transportation or transport oil subject to this part unless that person— (a) Complies with this part; and (b) Has been instructed on the applicable requirements of this part. Revised 3-3-14 All communication requirements are met per 49 CFR 130.11 by description in Bill of Lading requirements. 49 CFR § 130.11 Communication requirements: (a)No person may offer oil subject to this part for transportation unless that person provides the person accepting the oil for transportation a document indicating the shipment contains oil. (b)No person may transport oil subject to this part unless a readily available document indicating that the shipment contains oil is in the possession of the transport vehicle operator during transportation. (c)A material subject to the requirements of this part need not be specifically identified as oil when the shipment document accurately describes the material as: aviation fuel, diesel fuel, fuel oil, gasoline, jet fuel, kerosene, motor fuel, or petroleum. All packaging requirements per 49 CFR 130.21 are met. § 130.21 Packaging requirements: Each packaging used for the transportation of oil subject to this part must be designed, constructed, maintained, closed, and loaded so that, under conditions normally incident to transportation, there will be no release of oil to the environment. Copy of Plan is retained at LLL Transportation, principle place of business & dispatchers office Revised 3-3-14 TABLE OF CONTENTS CONTACT NUMBERS ............................................................................................................................................ 1 WELCOME............................................................................................................................................................ 2 COMPANY POLICY STRUCTURE ........................................................................................................................... 3 EMPLOYMENT POLICIES ...................................................................................................................................... 4 EMPLOYMENT-AT-WILL ................................................................................................................................... 4 CONFIDENTIAL INFORMATION ........................................................................................................................ 4 CONFLICTS OF INTEREST.................................................................................................................................. 4 EQUAL OPPORTUNITY EMPLOYER................................................................................................................... 4 PROFESSIONALSIM AND BEHAVIOR ................................................................................................................ 5 SECOND JOBS................................................................................................................................................... 5 WORKPLACE SEARCHES ................................................................................................................................... 6 WORKPLACE VIOLENCE ................................................................................................................................... 6 CONCLUSION ................................................................................................................................................... 7 DRIVER QUALIFICATION STANDARDS.................................................................................................................. 8 QUALIFICATION CRITERION ............................................................................................................................. 8 PROBATIONARY QUALIFICATION .................................................................................................................... 9 JOB DESCRIPTION FOR COMPANY DRIVERS ...................................................................................................... 10 JOB DESCRIPTION .......................................................................................................................................... 10 JOB TASKS, DUTIES, AND RESPONSIBILITIES.................................................................................................. 10 ACCOUNTABILITES ......................................................................................................................................... 11 JOB SPECIFICATIONS ...................................................................................................................................... 11 PHYSICAL REQUIREMENTS ............................................................................................................................ 11 WORK ENVIRONMENT................................................................................................................................... 11 STANDARDS OF OPERATION.............................................................................................................................. 13 DISPATCH....................................................................................................................................................... 13 ATTENDANCE ................................................................................................................................................. 14 REQUIRED DOCUMENTS AND ITEMS ............................................................................................................ 14 BILLS OF LADING/LOAD DELIVERY RECEIPTS ................................................................................................. 15 DELAY/WAIT TIME ......................................................................................................................................... 15 IMPROPER LOADING OR DELIVERY, IMPROPER BLENDING AND SPILLS ....................................................... 15 TRAILER MANIFOLD OPERATION ................................................................................................................... 15 OVERWEIGHT AND TRAFFIC VIOLATIONS ..................................................................................................... 16 Revised 3-3-14 USING COMPANY AUTHORITY ...................................................................................................................... 16 DISCIPLINARY ACTION ................................................................................................................................... 16 MOTOR VEHICLE RECORDS STANDARDS .......................................................................................................... 17 EQUIPMENT AND MAINTENANCE PROCEDURES .............................................................................................. 18 BREAKDOWNS ............................................................................................................................................... 18 VEHICLE MAINTENANCE ............................................................................................................................... 18 PREVENTATIVE MAINTENANCE..................................................................................................................... 18 AUTHORIZATION PROCEDURES .................................................................................................................... 19 CONDITION OF COMPANY VEHICLES ............................................................................................................ 19 OPERATION OF COMPANY VEHICLES ............................................................................................................ 19 PRE-TRIP ........................................................................................................................................................ 19 POST-TRIP...................................................................................................................................................... 19 TRUCK AND TRAILER SECURITY ..................................................................................................................... 19 VEHICLE MODIFICATIONS ............................................................................................................................. 19 VEHICLE ABUSE ............................................................................................................................................. 20 IMMEDIATE SUSPENSION AND/OR TERMINATION POLICY .............................................................................. 21 WORK SAFETY RULES ........................................................................................................................................ 22 CITATION REPORTING ................................................................................................................................... 22 DRIVING CONDITIONS ................................................................................................................................... 22 HEARING OR VISUALLY IMPAIRED ................................................................................................................ 22 GENERAL REQUIREMENTS ............................................................................................................................ 22 PERMITS ........................................................................................................................................................ 23 PERSONAL SAFETY......................................................................................................................................... 23 PETS ............................................................................................................................................................... 23 PHYSICAL EXAMINATIONS............................................................................................................................. 23 RAILROAD CROSSINGS .................................................................................................................................. 23 SEATBELTS ..................................................................................................................................................... 23 CELLULAR DEVICE .......................................................................................................................................... 24 SHIPPER/RECEIVER ........................................................................................................................................ 24 SMOKING ...................................................................................................................................................... 24 TIRE CHECKS .................................................................................................................................................. 25 TRANSPORTATION OF PASSENGERS ............................................................................................................. 25 VIOLATION .................................................................................................................................................... 25 Revised 3-3-14 DISCIPLINARY ACTION ................................................................................................................................... 25 SPEEDING AND VEHICLE CONTROL POLICY ....................................................................................................... 26 PROCEDURES ................................................................................................................................................. 26 BASIC REQUIREMENTS .................................................................................................................................. 26 CRITICAL VIOLATIONS .................................................................................................................................... 26 DISCIPLINARY ACTION ................................................................................................................................... 27 ACCIDENTS AND INCIDENTS POLICY .................................................................................................................. 28 ACCIDENT HANDLING PROCEDURES ............................................................................................................. 28 ACCIDENT PREVENTION ................................................................................................................................ 29 REPORTING OF ACCIDENTS ........................................................................................................................... 30 ALCOHOL AND CONTROLLED SUBSTANCE TESTING.......................................................................................... 31 PURPOSE........................................................................................................................................................ 31 APPLICABLE FEDERAL REGULATIONS ............................................................................................................ 31 CATEGORIES OF TESTING .............................................................................................................................. 31 POLICY STANDARDS ....................................................................................................................................... 32 EMPLOYEE AWARENES PROGRAM/SUPERVISORY TRAINING PROGRAM..................................................... 33 TESTING METHODOLOGY .............................................................................................................................. 34 URINE COLLECTION AND ALCOHOL TESTING PROCEDURES ......................................................................... 36 TRUCK DRIVERS ADMITTING TO DRUG AND OR ALCOHOL ABUSE PRIOR TO NOTIFICATION OF TEST ........ 36 SECOND POSITIVE TEST RESULT .................................................................................................................... 37 HOURS-OF-SERVICE POLICY ............................................................................................................................... 38 HOURS-OF-SERVICES ..................................................................................................................................... 38 FEDERAL MOTOR VEHICLE REGULATIONS .................................................................................................... 38 LOG ................................................................................................................................................................ 38 LOG ................................................................................................................................................................ 39 OFF-DUTY TIME ............................................................................................................................................. 39 LOCK, BLOCK, AND CHOCK ............................................................................................................................ 39 ON-DUTY TIME .............................................................................................................................................. 39 DISCIPLINARY ACTION ................................................................................................................................... 40 ROADSIDE INSPECTIONS .................................................................................................................................... 41 PROCEDURE ................................................................................................................................................... 41 VIOLATIONS ................................................................................................................................................... 41 DISCIPLINARY ACTION ................................................................................................................................... 41 Revised 3-3-14 MISCELLANEOUS REQUIREMENTS .................................................................................................................... 42 BULLETIN BOARDS ........................................................................................................................................ 42 CUSTOMER RELATIONS ................................................................................................................................. 42 DRIVER FILES ................................................................................................................................................. 42 PARKING ........................................................................................................................................................ 42 PERSONAL EXPENSES .................................................................................................................................... 42 Visitors .......................................................................................................................................................... 43 CSA ACKNOWLEDGEMENT................................................................................................................................ 44 REVISIONS ......................................................................................................................................................... 45 APPENDIX B ....................................................................................................................................................... 46 Index.................................................................................................................................................................. 47 Revised 3-3-14 CONTACT NUMBERS Gary Waller- CEO [email protected] Phone: 913-777-5401 Fax: 913-777-5411 JB Britton- Vice-President [email protected] Phone: 913-777-5403 Cell: 913-219-5583 Fax: 913-777-5413 Brett Carmical- Human Resources [email protected] Phone: 913-777-5526 Fax: 913-777-5527 John Zahner- Safety [email protected] Phone: 913-777-5405 Fax: 913-777-5537 Tracy Brown- Compliance [email protected] Phone: 913-777-5530 Fax: 913-777-5531 D’Anne Carnahan- Driver Logs and TripPaks [email protected] Office: 913-777-5426 Fax: 913-777-5539 Rhonda Altis- Payroll [email protected] Office: 913-777-5429 Fax: 913-777-5528 Christina Tulloch- Accounts Payable [email protected] Office: 913-777-5406 Fax: 913-777-5416 Dispatchers: Brian Woodfine- V.P. of Operations [email protected] Office: 913-777-5407 Cell: 816-582-4493 Fax: 913-777-5417 Don Hoke- Dispatch [email protected] Office: 913-777-5408 Cell: 618-553-6072 Fax: 913-777-5418 Julia Brown- Dispatch [email protected] Office: 913-777-5427 Cell: 816-806-7977 Fax: 913-777-5428 Dan West- Dispatch [email protected] Office: 913-777-5409 Cell: 816-585-6005 Fax: 913-777-5419 WELCOME Welcome to LLL TRANSPORT, INC. (hereafter known as the “Company”). We are pleased that you have joined our team as an employee or leased owner-operator. This Driver Manual has been prepared for and provided to you to familiarize you with the Company so that you will have a thorough understanding of what is expected of you in the conduct of the Company’s day-to-day operations. The Company specializes in quality, on-time transportation of petroleum products, such as ethanol, bio-diesel, and denaturants to destinations across the United States. We are proud of our reputation for safety, professionalism, and quality service. Since the beginning, the Company has grown and succeeded because of the loyalty and commitment of our employees and leased operators. You are important to the Company’s growth and success, and we hope that this is the beginning of a long and pleasant association. 2|Page Revised 3-3-14 COMPANY POLICY STRUCTURE The information contained herein is designed to assist company drivers and leased owneroperators in the safe operation of their assigned duties for the betterment of themselves, the Company, our customers, and the general public. The Company maintains a highly visible image to the general motoring public. The policies and procedures noted herein are set forth with this thought in mind. This reference manual is for information and guidance only, and is not a contract or guarantee of employment either expressed or implied. In other words, employment at the Company is “AT-WILL,” and may be terminated by the employee or by the Company at any time and for any reason. This manual applies to all company drivers and leased owner-operators, as applicable. An acknowledgement of receipt of this manual must be signed and received by management before beginning employment or lease (by February 28, 2014 for current employees). This manual must be maintained in the truck and easily accessible to the driver at all times. The Company utilizes both employee drivers and leased owner operators to provide transportation services for our customers. Nothing in this manual is intended to change the Independent Contractors status of our leased operators. Instead, this manual is intended to provide our leased operators with some recommended guidelines to assist them in working under our policies and procedures and to ensure compliance with the numerous state and federal regulations which all trucking companies are subject. The Company subscribes to the theory that proper working conditions are a direct result of proper communication between all parties and a friendly working environment. Not every problem will be answered or resolved immediately, but with each of us doing our best to work together, we will be able to help each other administer a solution to the problems. Also, please be advised that those parties answering your questions are simply administering policies of the Company. The terms and provisions of the Company policies, procedures and benefits are subject to change from time to time, without notice, at the sole discretion of the Company. This manual becomes effective February 12, 2014 and replaces all prior policies and accepted as Company Policy. 3|Page Revised 3-3-14 EMPLOYMENT POLICIES The policies in this handbook are intended for all commercial drivers operating for the Company. This manual is for reference only for Independent Owner Operators. The Company reserves the right to revise, change, or terminate policies or procedures at any time, with or without notice. EMPLOYMENT-AT-WILL. Nothing contained in this handbook, or in any other materials or information distributed by the Company, creates a contract of employment between an employee, or an Independent Owner Operator, and the Company. Employment is on an “at-will” basis. This means that employees are free to resign their employment at any time, for any reason, and LLL Transport reserves the right to terminate an employee, or Independent Owner Operator, at any time, for any reason. No statements to the contrary, written or oral made either before or during an individual’s employment can change this. No individual supervisor, manager or officer can make a contrary agreement, except the President/CEO of the Company, and even then, such an agreement must be set forth in a written employment contract with the employee, signed by the President/CEO of the Company. CONFIDENTIAL INFORMATION. All information, printed or otherwise, regarding Company financial transactions, customers, pricing, fiscal data, employees, leased operators and operations is the property of the Company. Unauthorized dissemination of such information by any means is prohibited, whether to other employees, independent contractors or the public, and is grounds for immediate termination of employment or lease. CONFLICTS OF INTEREST. Employees are encouraged to be active in their community and to accept social responsibility. Conflicts of interest should be avoided, where personal interest are, or appear to be, in conflict with Company interests, including any of the following: - - Any activity that would include obligations that compete with, or conflict with, the interests or philosophies of the Company. Accepting outside employment that might conflict with the employee’s attention to his/her responsibilities with the Company. Any business ownership, membership on a board of directors, or any other business interests whereby an employee or family member might benefit from doing business with the Company. Selection of vendors and other business associates that would result in personal gain by the employee, because of ownership, employment or other association by the employee or family member. EQUAL OPPORTUNITY EMPLOYER. It is the policy of the Company to afford Equal Employment Opportunities regardless of race, age, religion, color, marital status, national origin, gender, veteran status, sexual identity or orientation, or any other basis prohibited by applicable law. Further, all 4|Page Revised 3-3-14 applicable laws relating to disability discrimination will be strictly followed. This policy of Equal Employment Opportunity applies to all aspects of the employment relationship. PROFESSIONALSIM AND BEHAVIOR. All employees and representatives of the Company are expected to exhibit professionalism and appropriate business behavior at all times when representing the Company. Certain activities are expressly forbidden and will not be tolerated, per Company Policy. Some of the following obvious behaviors can lead to immediate termination of employment or lease and include: Fraudulent activities while on duty or representing the Company. Drug and Alcohol abuse. Harassment of any type while on duty or representing the Company. Inappropriate language while on duty or representing the Company. Fraud or embezzlement against Company. Dishonesty, including falsification of employment, logs, and Company documents. Tampering with Company documents. Abuse of Company-paid time and expense. Criminal charges or conviction of any job-related crime. Unauthorized possession of firearms or dangerous weapons while on duty or representing Company. Theft while on duty or representing Company. Disruptive conduct while on duty or representing Company. Insubordination while on duty or representing Company. Threatening or deliberately intimidating another individual while on duty or representing Company. Using abusive language while on duty or representing Company. Showing disrespect while on duty or representing Company. Fighting while on duty or representing Company. Damage of Company property Misuse of Company assets. Any other blatant or obvious and significantly detrimental act while at work or representing Company. Parking in a negative location related with public perception, i.e. drivers should not make incidental stops at locations the public would perceive as inappropriate. Example: liquor stores SECOND JOBS. We recognize that some employees have part-time jobs in addition to their fulltime employment with the Company. When accepting full-time employment with the Company, you are accepting responsibility to perform the job with the attendance and attention to detail required. Second jobs must not interfere in any way with the employee’s or independent 5|Page Revised 3-3-14 contractor’s job at the Company. You must report all other compensated work to your dispatcher immediately. All compensated time working for another employed must be accounted in your hours-of-service and recorded on a log sheet. Failure to do so puts the Company at great risk for violating hours-of-service regulations and dispatching you without appropriate rest. Failure to report your compensated work may result in immediate termination of your employment. WORKPLACE SEARCHES. To protect and secure the property of our employees, our customers and the Company as well as help prevent the possession, sale and use of illegal drugs on the Company’s premises (in support of the Company’s drug-free work place), the Company establishes the right to question employees (and all other persons entering and leaving our premises), and to inspect any property whether locked or unlocked including packages, parcels, purses, handbags, briefcases, lunchboxes, electronic equipment or any other possessions or articles carried to and from the Company’s premises. In addition, the Company reserves the right to search any employee’s desk, files, locker, computer, laptop, electronic equipment or any other area or article on our premises, including personal or company vehicles, whether such property is locked or unlocked and whether the lock is company owned or employee owned. In addition, it should be noted that all offices, desk files, lockers and so forth, whether locked or unlocked, are the property of the Company and are issued for the use of employees only during their employment with the Company. Searches may be conducted at any time at the discretion of the Company. Individuals entering the premises of the Company who refuse to cooperate in an inspection or search conducted under this policy will not be permitted to enter the premises. Employees who refuse to cooperate in an inspection or search, as well as employees who, after the inspection or search, are believed to be in possession of stolen property or illegal drugs, will be subject to disciplinary action up to and including termination (if, on investigation, they are found to be in violation of the Company’s security procedures or any other Company rules and regulations). WORKPLACE VIOLENCE. It is the policy of the Company to expressly prohibit any acts or threats of violence by Company employees or former employees against any other employee(s) in or about the Company’s facilities or elsewhere at any time. The Company also will not condone any acts or threats of violence against the Company’s employees, customers or visitors on the Company’s premises at any time or while they are engaged in business with or on behalf of the Company, on or off the Company’s premises. Any employee or owner-operator who displays a tendency to engage in violent, abusive or threatening behavior or who otherwise engages in behavior that the Company, in its sole discretion, deems offensive, threatening, dangerous or inappropriate will be subject to disciplinary action up to and including discharge or termination of lease agreement. 6|Page Revised 3-3-14 CONCLUSION. We trust that employees of the Company will act responsibly to maintain a pleasant working environment, free of discrimination and harassment, allowing each employee to perform to his or her maximum potential. The Company encourages any employee to bring questions he or she may have regarding sexual harassment or other types of harassment to his or her supervisor or any officer of the Company. 7|Page Revised 3-3-14 DRIVER QUALIFICATION STANDARDS QUALIFICATION CRITERION. It is the Company’s policy to utilize only the best available drivers for the operation of the Company’s fleet and for the qualification of all leased operators. In addition to the minimum requirements for selection of drivers as set forth by the Federal Motor Carrier Safety Administration (“FMCSA”) in the Federal Motor Carrier Safety Regulations (“FMCSA”), the following standards and guidelines have been established by the Company as an integral part of its driver selection program: 1. Minimum Age and Experience. All driver applicants are required to be at least 23 years of age and have a minimum experience operating a tractor-trailer unit of three (3) years. 2. Driver’s License. All driver applicants must have a “Class A” of Commercial Driver’s License (“CDL”) issued by the driver’s state of residence. The Company will obtain a copy of the driver applicant’s Motor Vehicle Record (MVR) from the driver’s current and previous state of residence for the past three years. In order to be qualified by the Company, the driver must: • Have no serious traffic violations within the last five years. (A serious traffic violation includes reckless or careless driving; driving while intoxicated or under the influence of drugs; a hit-and-run accident or leaving the scene of an accident violation; and excessive speeding violations.) • Have no current license suspension/revocation. • Limited number of violation in the last three years. • Have no preventable DOT recordable accident within the last three years. 3. Application. Each applicant must complete an FMCSA-approved application. The driver applicant must list, at a minimum; the last ten years of FMCSA regulated employment history, and any record of arrest, convictions or license revocations or suspensions. Drivers that have submitted an incomplete application will not be subject to qualification as a driver until such time as a completed application is submitted. Providing any false or erroneous information on an application will be grounds for disqualification at any time by the Company. 4. Personal Interview. All driver applicants will be interviewed by a Company representative to determine the applicant’s qualifications, attitude and motivation toward a driving position with the Company. 5. Examinations and Tests. In accordance with the requirements of the FMCSR’s for the qualification of driver’s all driver applicants will be required to complete all necessary examinations and tests, including a road test, medical examination, and pre-employment drug test prior to being qualified to operate a commercial motor vehicle for the Company. The Company may accept a previous valid medical examination certificate. However, the Company may, at its discretion, require a driver applicant to be examined by a Company-authorized physician to determine the applicant’s physical qualifications. Pre-employment drug screening and medical certifications will be paid for by the Company. The cost of any pre-service medical examination must be paid by the applicant. 8|Page Revised 3-3-14 6. Background Investigation. A thorough investigation into the background and employment history of each driver applicant will be accomplished in accordance with the FMCSR’s. At a minimum, the applicant’s previous employment record, character, work habits and safety performance will be investigated. The investigation will be conducted by the Company’s safety department, using any outside service that the Company deems necessary. 7. Re-hires and Re-leases. For purposes of driver qualification and employment, drivers previously employed or leased by the Company who have been separated from the Company for more than 30 days will be treated as new applicant or lease. PROBATIONARY QUALIFICATION. The first ninety (90) days of qualification are considered a probationary or evaluation period. During this period, you will have the opportunity to adjust to the driving duties assigned by the Company, to demonstrate proper abilities and attitudes for which you are assigned, and to determine whether you are pleased within your position with the Company. The Company, in turn, will be in a position to determine your qualifications and suitability with your position in the Company. During this period, a driver may be disqualified without further recourse, and if necessary, the probationary period may be extended. Probationary drivers are subject to the terms and conditions of this Manual as far as applicable policies and procedures are concerned. The completion of the probationary period does not in any way alter the at-will nature of employment. This section is intended for company drivers only. 9|Page Revised 3-3-14 JOB DESCRIPTION FOR COMPANY DRIVERS JOB DESCRIPTION AND SUMMARY. A driver will transport and deliver product by driving gasoline or diesel-powered tractor-trailer combinations for short and long distances. Although some assignments will involve local work and others will involve over-the-road work, all company drivers must be ready, willing, and able to perform any type of assignment. This section is intended for company drivers only. JOB TASKS, DUTIES, AND RESPONSIBILITIES. • Hook and unhook trailers from the tractor itself, including cranking the lever to raise and lower landing gear on trailers • Load and unload trailers, without assistance of others • Perform frequent lifting, pulling, pushing, and carrying of hoses. • Inspect truck for defects and safe operating condition before, during and after trips and submit a written report on the condition of the truck at the end of each trip or tour of duty. • Check shipping papers to determine the nature of load and to check for the presence of hazardous materials. • When hazardous materials are present: • Check for proper preparation of shipping papers: • Check for agreement between information on shipping papers and markings and labeling on trailer; and • Ascertain that vehicle is properly placarded. • Install and remove tire chains as required by weather conditions. • Drive truck to destination in accordance with federal regulations, normally in periods of up to 11 hours of driving followed by an off-duty period of at least ten consecutive hours. • Local drivers (drivers that work and drive within 100 air mile radius from the driver’s normal work reporting terminal) must be available to work shifts of 12 hours up to 16 hours per day. Drivers cannot work more than 70 hours in 8 consecutive days. • Apply knowledge of commercial driving skills in maneuvering vehicle at varying speeds in difficult situations, such as heavy traffic, inclement weather or in tight areas. • Ensure that all shipping documentation (e.g., manifest, security seal sheets, bills of lading, shipping orders or freight bills, etc.) required to move with shipments is available for inspection and that appropriate paperwork accompanies each shipment. • Maintain records required for compliance with state and federal regulations including driver logs, records of fuel purchases, mileage records and other records required by law. • Perform all duties in accordance with company policies and procedures, and comply with all federal, state and local regulations for the safe operation of a commercial motor vehicle. • Report all accidents involving driver or company equipment immediately. • Report highway safety hazards noted en route. • Promptly report any delays due to breakdowns, weather or traffic conditions or other emergencies, or in the event of irregularities relating to pick up or deliveries. 10 | P a g e Revised 3-3-14 ACCOUNTABILITES. • Safe and legal operation of a commercial motor vehicle. • Safe and timely transportation of product from its origin to its destination. • Proper loading and unloading of product to assure safety and minimal risk of damage and danger to persons. • Proper handling and accurate completion of all necessary paperwork related to truck operations and product movements. • Professional representation of the company and the trucking industry through responsible driving. JOB SPECIFICATIONS. • Must be physically qualified to operate a commercial vehicle as specified in 49 C.F.R. § 391.41. • Must have the ability to handle receipts, read maps and road signs, maintain logs, etc. • Must have working knowledge of vehicle safety and control systems. • Must have knowledge of D.O.T. regulations governing safe driving, hours of service, inspection and maintenance, and the transportation of hazardous materials. • Must be available for around-the-clock trips to accommodate freight movements and must be able to be away from home for extended periods of time. • Must satisfactorily pass drug and alcohol test. PHYSICAL REQUIREMENTS. • Must be able to sit and remain alert while driving for an aggregate period of up to 11 hours. • Must be able to shift a manual transmission and operate foot pedals. • Must be able to perform occasional squatting to handle and position freight. • Must be able to enter and exit the vehicle’s cab multiple times a day. Cab floor level is generally from 36” to 66” inches above ground level, with entry and exit achieved with the assistance of various configurations of steps and handholds; also requires occasional bending, twisting, climbing, squatting, crouching and balancing. • Must be able to perform frequent pushing, pulling and carrying of equipment. • Must be able to frequently reach for equipment at waist level and occasionally reach for equipment above shoulder height or below waist level. • Must be able to occasionally reach above shoulder level, at waist level and below waist level for maneuvering and directing for controls to operate the truck. • Must be able to install and remove tire chains when required due to inclement weather. • Must be able to spend significant portions of the day standing and walking on surfaces such as gravel, concrete, wood and metal, and sometimes on slippery and wet surfaces. • Must be able to hook/unhook various commercial vehicle combinations, manually lower and raise landing gear, operate the fifth wheel release lever, lock and release pin-hooks, attach and release safety chains, open and close cargo doors, climb into, onto and out of vehicles, fuel vehicles and check engine oil and coolant levels. WORK ENVIRONMENT. • Drivers may spend significant amounts of time out-of-doors, exposed to potentially difficult environmental conditions. 11 | P a g e Revised 3-3-14 • Drivers may be subject to irregular work schedules, temperature and weather extremes, long trips, short notice for assignment of a trip, tight delivery schedules, delays en route and other stresses and fatigue related to driving a large commercial motor vehicle on crowded streets and highways in all kinds of weather. • Drivers typically spend the majority of working time in the truck. While driving, operators are exposed to noise and vibration levels that may be higher than those typically experienced in passenger cars. 12 | P a g e Revised 3-3-14 STANDARDS OF OPERATION The following information is designed to inform all drivers about the Company’s operations. This policy is not all-inclusive. DISPATCH. All drivers, when under dispatch or acceptance of a work assignment/load, must follow the instructions of his or her dispatcher/supervisor (the terms dispatcher and supervisor can be used interchangeably). There are only two exceptions to this statement: The driver may refuse work if: 1) Performing the work will result in an hours-of-service (HOS) violation, or 2) Performing the work will place the driver in an unsafe situation. If you are an independent owner-operator and you have elected to accept a load, you are required to follow the dispatcher’s pick-up and loading, delivery and unloading, and safety directions. Failure to follow the dispatcher’s instructions can result in termination of employment or cancellation of lease. For employee drivers only, a refusal to accept dispatch to any location when you have available hours to drive will be construed as a refusal to work and a voluntary resignation. 1. Timely Pick-Ups and Deliveries. Drivers are expected to make timely pick-ups and deliveries. Disregard for timeliness may result in termination of employment. 2. Delays in Loading/Unloading. Any excessive delay in loading or loading must be reported to your dispatcher immediately. Excessive delay is defined as the loading time or delivery time taking longer than two hours to complete. 3. Load Assignment. If you are assigned a load and for some reason you cannot make the pick-up at the scheduled time, notify your dispatcher at once. 4. Load Pick-Up. Be courteous and cooperative with the shipper. If you encounter any problems, notify your dispatcher as soon as possible. Stay with your equipment at all times. Follow all safety instructions. If you need to leave your equipment, ensure it is properly secured and locked. 5. Supervise the loading and unloading of your trailer. This is your responsibility and not the shipper’s or the consignee’s. 6. Delivery Receipt. After you have unloaded at the consignee’s place of business, the consignee may need to sign the bill of lading or freight bill when required by the customer’s account policy. 7. Refused Shipments. If the consignee refuses to receive the shipment, you must call your supervisor immediately for instructions. 8. Submission of Required Paperwork. All documents and paperwork, including required forms and reports (bills of lading, logs, vehicle inspections, fuel receipts, expense receipts, etc.), are to be 13 | P a g e Revised 3-3-14 completed and submitted to the corporate office as required via TripPak, Transflo, or any other method approved by management. ATTENDANCE. In order to serve the needs of our customers, the Company requires that all drivers report for work punctually and maintain regular attendance. Unplanned absenteeism and tardiness disrupt the operation and put an increased burden on other employees. Attendance, punctuality and dependability are major considerations in employee performance and qualifications. The Company classifies missing work into the following categories: 1. Planned Absences. This is defined as time-off away from work with prior approval of immediate supervisor. Time-off requests should be requested through dispatch at least two weeks in advance. In any event, the Company reserves the right to grant or deny any request for time-off. 2. Unplanned Absences. This is defined as time-off away from work without the prior approval of immediate supervisor. For unplanned absences or delays, employees are expected to notify their immediate supervisor as soon as possible, preferably at least 60 minutes before the start or the work schedule, but not later than the scheduled start time. Leaving a voicemail message is acceptable only if personal contact cannot be made and the employee is required to leave a phone number where the supervisor can reach him or her. Employees absent for more than three (3) days due to injury or illness may be required to furnish a physician’s statement, prior to resuming their duties, indicating the reason for the absence and releasing the employee from performing their work. The immediate supervisor may request a physician’s statement for shorter duration absences, particularly in cases where there is a documented history or pattern of unplanned absences. Employees who are absent for two (2) consecutive workdays without notifying their immediate supervisor are considered to have terminated their employment with the Company. Excessive absenteeism or tardiness, or patterns of unplanned absence or tardiness, regardless of the cause, may be considered a violation of this policy. Generally speaking, six (6) unplanned absences during a 12-month period are considered excessive and will be subject to disciplinary action. REQUIRED DOCUMENTS AND ITEMS. The following is a list of items that, as a commercial motor vehicle operator, you must inventory prior to each dispatch. Items in your possession; - Commercial driver’s license (Current and Valid) Medical Certification Card (Current and Valid) Secured to the vehicle; 14 | P a g e Revised 3-3-14 - Current valid plate Current annual inspection (tractor and tank) and IFTA stickers In your cab or available upon request; - Current log and prior seven days (except when on a time card) Driver vehicle inspection report Vehicle and HazMat registrations Proof of insurance Fire retardant suit Reflective vest Safety glasses Hard hat Books (most recent version): FMCSA regulations and Hazardous Materials Guidebook Accident Kits In your cab within reach and within reach from outside of the driver’s door when opened - HazMat bill of lading HazMat Material Safety Data Sheet (MSDS) or Emergency Response Guidebook BILLS OF LADING/LOAD DELIVERY RECEIPTS. This is a legal contract between the company and the shipper, so treat it with respect. Do not lose it. Do not tear it. Do not damage it. Our customers require specific handling requirements of the BOL (Bill of Lading). These documents are proof of pick-up and delivery; it is used in billing and payroll/settlements. DELAY/WAIT TIME. Drivers must write on the pay sheet, bill of lading, and delivery ticket “arrival” or “departure” and noting the entire time period at the loading or delivery location, i.e. Delay Time, 5:00 AM to 7:00 AM. Please note that this time does not translate into compensation. IMPROPER LOADING OR DELIVERY, IMPROPER BLENDING AND SPILLS. Drivers are responsible for proper loading and discharge of product. It is the driver’s responsibility to understand all loading and unloading procedures at various customer locations. All problems, such as improper loading and delivery, blending, spilling, shortage or overage of cargo product, must be reported to your dispatcher before leaving the customer. TRAILER MANIFOLD OPERATION. Loading of trailers with the manifold valves open is prohibited except with prior approval from the Company. However, in the event that it is necessary, close all manifold valves before exiting the loading facility. After unloading a trailer with the use of manifold valves it is the policy of the Company that all manifold valves must be closed before leaving the unloading site. Always close manifold valves before moving your trailer. If it is discovered that a driver failed to close a manifold valve before moving the trailer, the first offense may result in making driver pull a 15 | P a g e Revised 3-3-14 non-manifold trailer indefinitely. Closing the manifold valves is the best way to avoid a product mix while loading. OVERWEIGHT AND TRAFFIC VIOLATIONS. It is the responsibility of the driver to operate vehicles in a safe and legal manner. Drivers are responsible to pay all citations, penalties and fines associated with or incurred while operating both Company-owned and owner-operator leased vehicles. It is also the driver’s responsibility to see that the vehicle is not overweight. If there is any question as to the weight, the driver will need to weigh the load and submit the weight ticket with weekly paperwork. USING COMPANY AUTHORITY. It is illegal and a violation of the lease agreement for an owneroperator to run any load independently using the Company’s decals, authorities, plates, insurances or signs issued in the name of LLL Transport, Inc. Any violation of this policy will result in immediate termination of the lease agreement. DISCIPLINARY ACTION. Any employee driver who violates the above Standards of Operation is subject to disqualification and discipline as follows, up to and including termination of employment. - First Violation – Verbal Warning with a letter to file Second Subsequent Violation- Written Warning and Suspension Third Subsequent Violation–Suspension and up to termination 16 | P a g e Revised 3-3-14 MOTOR VEHICLE RECORDS STANDARDS To screen out persons with poor driving records, the motor vehicle records (MVRs) covering the last three (3) years will be obtained prior to employment for all new driver applicants and at least annually and thereafter. These records will be carefully examined, and person with undesirable driving records will not be permitted to drive on Company business of any type, regardless of whether the vehicle is personal, rented, or Company-provided. These records will be retained in the employee’s Driver Qualification (DQ) file. Company vehicles shall not be driven unless the person is on the Company’s approved driver list. The following system will be used to determine eligibility to operate a company vehicle: - All “Type A” Violations (as defined below) have the potential for immediate termination of employment. Potential driver applicants will be disqualified. Any drivers (employees or applicants) showing one of the following will be restricted from driving company vehicles: o One or more Type ‘A’ Violations in the last three years* o Three or more accidents (regardless of fault) in the last three years o Any combination of accidents and “Type B” violations which equal four or more in the last three years** *“Type A” Violations consist of: driving while intoxicated, driving while under the influence of drugs or alcohol, negligent homicide arising from the use of motor vehicles (gross negligence), operating during a period of suspension or revocation, using a motor vehicle for the commission of a felony, aggravated assault with a motor vehicle, operating a motor vehicle without the owner’s authority (grand theft), permitting an unlicensed person to drive, reckless driving, speed contest (racing), hit and run (bodily injury or property damage) **Type B Violations consist of: all moving violations not listed as “Type A” Violations 17 | P a g e Revised 3-3-14 EQUIPMENT AND MAINTENANCE PROCEDURES BREAKDOWNS. Professional judgment and discretion must be utilized at all times to protect the best interests of the driver, the motoring public, and the Company. Anytime you notice anything unusual in the performance of your vehicle or trailer, you must stop immediately and contact your Maintenance Director and Dispatcher. VEHICLE MAINTENANCE. Proper vehicle maintenance is a basic element of any fleet program, not only to ensure a safe, road-worthy vehicle, but also to avoid costly repair and unexpected breakdowns. - - Drivers of D.O.T.-regulated vehicles are required to inspect their vehicle prior to usage Documentation and notification to the Maintenance Director of mechanic deficiencies found. A vehicle operator who detects a mechanical defect or a potential safety hazard in a vehicle shall make arrangements for prompt repairs, if authorized, or report the mechanical defect or potential safety hazard to his or her supervisor or the designated person responsible for vehicle maintenance (Maintenance Director) The vehicle should be cleaned (interior and exterior) regularly to help maintain a good appearance. A clean vehicle makes a good impression on customers PREVENTATIVE MAINTENANCE. Preventative Maintenance (PM) will be performed on a monthly and or mileage basis; whichever comes first. PMs are performed on all trucks, D.O.T. and NonD.O.T. There are three (3) types of Preventative Maintenance: A, B, and C. - - - Type A: 3,000 miles or thirty (30) days o 9-point Check Oil Fluid Levels Emergency Supplies Lubrication Tires Lamps Proper Operations Miscellaneous Type B: 10,000 miles or 180 days o 9-point Check o 4-point Check Rotate and balance tires Replace air and fuel filters Check battery Miscellaneous Type C: 30,000 miles or annually o 9-point check o 4-point check o Services 18 | P a g e Revised 3-3-14 Brakes Spark/Glow Plugs Transmission If the repair will delay the driver’s pick up or delivery schedule, the driver must notify his or her dispatcher. AUTHORIZATION PROCEDURES. How to obtain repair authorization: - Driver must call the Maintenance Department for instruction before having any repairs done. Only after proper repairs have been completed and the bill has been totaled will payment be authorized. The driver shall follow the instructions given by his or her supervisor. Changes to the supervisor’s instructions must be re-approved by the supervisor. CONDITION OF COMPANY VEHICLES. The responsibility for the maintenance of Company vehicles is shared by all drivers within the Company. The cleanliness of the interior of the vehicle, however, is your responsibility. Employee drivers and leased drivers should take pride in the appearance of the vehicles they drive. OPERATION OF COMPANY VEHICLES. Only drivers qualified by the Company may operate Company-owned or leased vehicles. Company vehicles are to be used only for business reasons. The Company must approve any other use of Company vehicles. Any misuse of Company vehicles will lead to disciplinary action up to and including termination of employment. PRE-TRIP INSPECTION. At the beginning of each day, you must perform a vehicle safety check in accordance with federal and state D.O.T. regulations. Take the time needed to inspect your vehicle (truck and trailer) until you are satisfied that the following parts and accessories are in good working order: rear-vision mirror r mirrors, steering mechanism, lighting devices and reflectors, tires, horn, windshield wiper or wipers, Parking (hand) brake, coupling devices, wheels and rims, emergency equipment, and service brakes, including trailer brake connections. See Appendix B. POST-TRIP INSPECTIONS. At the end of each day, the driver is required to prepare a report, the Daily Vehicle Inspection Report (DIVR), in writing on each vehicle operated (including trailers). DVIR’s must be submitted with respective time record to the Company no later than seven days after completion. See Appendix B. TRUCK AND TRAILER SECURITY. Regardless of where you park Company-owned equipment, you must make sure it is secured. Anytime you leave a Company-owned tractor, please ensure the engine is shut off, ignition keys removed, windows are rolled up, and doors are completely shut and locked. VEHICLE MODIFICATIONS. Company-owned vehicles will not be modified without Maintenance Authority. Tampering with the governors, tachometer, or any other operating components of the 19 | P a g e Revised 3-3-14 vehicle is strictly forbidden. CB radios and inverters are to be installed in company-owned vehicles only at the direction of the Maintenance Department. VEHICLE ABUSE. You are responsible for your vehicle. When abuse of Company-owned equipment is discovered, you will be liable for the costs of repairs or replacement, including tires (ruining by running on flats, sidewall damage by hitting curbs, etc.) 20 | P a g e Revised 3-3-14 IMMEDIATE SUSPENSION AND/OR TERMINATION POLICY Violations that can result in suspension or immediate termination are as follows: - Any CDL Violations: Suspension, Revocation, Improper CDL Possession, Consumption, Distribution of Illicit Drugs Alcohol within the vehicle Driving under the influence of Drugs or Alcohol Unauthorized passenger Physical violence Possession of weapons on company premises or equipment Refusing to follow a direct, reasonable request by a supervisor Theft or lying Willful destruction of company property Drilling holes in trucks without authorization Cut and/ or slice any electrical wiring Failure to maintain personal hygiene and/ or truck hygiene Disregard to safety regulations and procedures Failure to report an accident or incident involving company equipment Failure to turn in roadside inspections within two (2) days Failure to notify superior of a moving violation Disqualification of driver by either state or federal law Being banned for any facility/ location LLL Transport is currently in contract with or working for Unauthorized use of equipment Any incidents of road rage Refusal of dispatch Falsified log violation Use of any portable electronic devise, such as cell phones, while driving 21 | P a g e Revised 3-3-14 WORK SAFETY RULES The following have been adopted by the Company to ensure safe operations, to meet the needs of our customers, and to comply with Department of Transportation regulations. CITATION REPORTING. All drivers are required to report to the Safety Department all traffic safety violations for which tickets are issued by law enforcement officials, within 24 hours. This includes all moving violations. It is the responsibility of each driver to operate vehicles in a safe and legal manner. Drivers are responsible to pay for all citations, penalties, fines and/or any other associated cost(s) incurred as a result of the violation. Any driver arrested for failure to pay traffic citations causes the Company a loss of time, late deliveries, and possible great expense. If a driver is arrested and the Company’s unit is towed, the driver will be charged with the wrecker bill. Drivers failing to report citation to the Safety Department may be subject to disciplinary action including termination of employment or lease. If you need help in paying a citation, call the Payroll Department, which will assist you in most cases. Due to the seriousness of the violation cited, drivers may be subject to disciplinary action including termination of employment or lease. Any driver who is cited for careless or reckless driving may be subject to immediate suspension or termination of employment or lease. DRIVING CONDITIONS. Driving too fast for conditions during poor visibility, icy roads, and highway congestion are causes of accidents. Use common sense and adjust your driving according to road conditions. Reckless driving will not be tolerated. If driving conditions become unsafe, pull to the nearest safe location and contact your dispatcher. HEARING OR VISUALLY IMPAIRED DRIVERS (as determined on CDL) - Corrective Lenses: A backup pair must be kept the cab with the driver at all times Contacts: Another pair of contacts and one backup pair of glasses must be kept in the cab at all times Hearing aids: One back up battery, per hearing aide, must be kept in the cab at all times. Batteries must not have expired GENERAL REQUIREMENTS. - - Radar detectors are prohibited in any company vehicle. Company vehicles may be described as “company-owned”, “rental vehicle”, etc. Headlights shall be used at all times Vehicles should be parked so that the first vehicle movement is forward Cargo should be checked periodically- after the first 50 miles, when going off-duty or stopping, or after 150 miles or every three hours, whichever comes first. Loads shall be secure and shall not exceed the manufacturer’s specifications and legal limits for the vehicle. The driver should check tires before every trip 22 | P a g e Revised 3-3-14 PERMITS. Immediately notify the Safety Department and Dispatch upon discovery of any missing or expired permit. PERSONAL SAFETY EQUIPMENT. To protect you, the Company requires all drivers to wear assigned personal protective equipment and to follow all customer safety rules when on a customer’s property. PETS. Due to safety concerns, no pets of any type are allowed in a company-owned or companyleased vehicle. PHYSICAL EXAMINATIONS/MEDICAL CERTIFICATIONS. Drivers are required to have a D.O.T. physical examination: - Before being hired (unless current valid physical exists and can be presented) At least every 24 months thereafter or more frequently if required by a medical examiner Before returning to work after any lost time dues to serious illness or injury Physical examinations/medical certifications that are considered pre-employment or that have a two-year or one-year expiration will be paid for by the Company. The cost of a physical examination having less than a one-year expiration will be the responsibility of the driver. RAILROAD CROSSINGS. All units, if placarded (loaded or unloaded) must make complete stops at railroad crossings—no exceptions! - - Turn on four-way flashers 300 feet prior to stopping at a railroad crossing. Keep them on until you’ve traveled at least 300 feet past the crossing. Never go around railroad crossing gates unless authorized by law enforcement official(s) or authorized railroad personnel. Slowdown in order to have plenty of time to make a complete stop before a railroad crossing, in case a train should be so close that the gates activate before you have time to get across safely, or in case they are not working. Always look both ways twice before crossing a railroad track to make sure there isn’t an oncoming train approaching the crossing. Always drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. SEATBELTS. FMCSA regulations (Part 392.16) require all drivers and passengers to wear a lap and shoulder belt at all times while operating any vehicle under the Company’s authority. This applies to all personally-owned, company-owned, leased and rented vehicles. For sleeper berths, occupant’s restraint system installed by the manufacturer must be used, whether the system is at the entry point of the berth or incorporated as a belt-type restraint within the berth itself. 23 | P a g e Revised 3-3-14 Do not remove the seatbelt if you are pulled over until you have asked the officer if it is okay to remove the belt. CELLULAR DEVICE POLICY. FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) 392.82 and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs).This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving related crashes, fatalities, and injuries involving drivers of CMVs. LLL TRANSPORT WILL NOT ALLOW HAND-HELD CELLULAR DEVICES, TABLETS, MP3 PLAYERS, OR RELATED DEVICES, TO BE USED WHILE DRIVING A COMMERCIAL VEHICLE. Driving refers to operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. LLL Transport, Inc. will allow hands-free devices as long as the cellular device is within reach of the driver while restrained in their seatbelt. The driver is allowed to only touch the cellular device once to engage and terminate the call. - Emergency Exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services. - Company Provided Phones. Cell phones are provided on an as needed basis for conducting Company business and are not intended for personal use. All conversations should be kept courteous, professional and business-like. Each employee is responsible for the care and safe keeping of the device for which he/she has been assigned. Report lost or damage devises to your supervisor immediately. Any violation committed regarding the use of hand held cellular devices will be as follows: The first violation committed regarding the use of hand-held cellular devices will result in termination of employment. SHIPPER/RECEIVER SAFETY RULES. All drivers are required to adhere to all safety rules provided, posted and as explained by shippers while on their property performing any company duties. Any customer safety violation will result in a written warning and will be on a probationary status for one year. Another violation within the probationary period will result in termination of employment. Any driver that gets barred or banned from facility or customer’s property will be terminated immediately. SMOKING. No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of a motor vehicle which contains Class 1 materials, Class 5 materials, or flammable materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2. 24 | P a g e Revised 3-3-14 TIRE CHECKS. When transporting any hazardous material, a driver must examine each tire on a motor vehicle at the beginning of each trip and each time the vehicle is parked. • If, as the result of an examination, a tire is found to be flat, leaking, or improperly inflated, the driver must cause the tire to be repaired, replaced, or properly inflated before the vehicle is driven. However, the vehicle may be driven to the nearest safe place to perform the required repair, replacement, on inflation. • If, as the result of an examination, a tire is found to be overheated, the driver shall immediately cause the overheated tire to be removed and placed at a safe distance from the vehicle. The driver shall not operate the vehicle until the cause of the overheating is corrected. TRANSPORTATION OF PASSENGERS. Unauthorized passengers are strictly prohibited pursuant to FMCSA regulations. No unauthorized personnel are allowed to ride in Company vehicles. Company vehicles are to driven by authorized employees only, except in emergencies, or in cases of repair testing by a mechanic. Spouses and other family members are NOT allowed to drive the company vehicle. Any driver who violates the Company’s passenger policy is subject to termination of employment or lease. VIOLATION OF D.O.T. REGULATIONS. Continuous log violations such as driving over hours, falsified entries, incompleteness, untimely submission of logs, and apparent disregard of the FMCSA regulations may be subject to discipline including termination of employment or lease agreement. Disciplinary recourse for various D.O.T. violations are described in dedicated subject sections. DISCIPLINARY ACTION. Any employee driver who violates the above Work Safety Rules (with exception to cell device policy) is subject to disqualification and discipline including termination of employment or lease agreement. - First Violation: Written Warning with a Letter to File Second Violation: Written Warning and suspension Third Violation: Suspension OR termination of employment; Independent owner operators may be subject to termination of their lease agreement 25 | P a g e Revised 3-3-14 SPEEDING AND VEHICLE CONTROL POLICY PROCEDURES. Driving over the speed limit or driving too fast for conditions, in any jurisdiction, is prohibited by the Company’s policy. LLL Transport fully expects our drivers to always practice professional driving techniques, to remain alert for other drivers’ errors in transit, which might lead to accident involvement and to avert those instances through good defensive driving techniques, and, to drive safely in spite of any adverse conditions. The purpose of this policy is to set forth guidelines for speed and vehicle control. This policy applies to all company truck drivers and leased Independent Contractors. Speed limits, including minimum limits, are set based upon state and federal rules based on the configuration of the roadway, typical traffic patterns, weather conditions, the banks of curves, and other criterion. Excess speed causes accidents and greatly increases the risk of injuries and damages. “Minimum speed” laws on certain interstate highways are meant to keep vehicles within a range of traffic speeds aimed to avoid collisions with very slow vehicles. Although company trucks are governed, drivers are required to follow all posted speed limit signs. If a driver fails to obey the posted signs or receives a speeding ticket, his or her truck will be governed at a reduced speed. “Driving too fast for conditions” simply means that conditions, whether it is heavy traffic, inclement weather (snow, ice, fog, etc.), or road conditions (wet, icy, poor roadway surface, etc.), speed must be reduced to a safe level, sufficient to control the vehicle, and, if problems occur in spite of the reduced speed, the slower speed will reduce the risk of injuries and property damage. When conditions are severe to the point that driving is unsafe, drivers must find a safe place to park as soon as possible and refrain from driving until conditions sufficiently improve. When in doubt, slow down and maintain constant control. BASIC REQUIREMENTS. Drivers will not exceed the speed limit. CRITICAL VIOLATIONS. The following are considered critical violations and the appropriate disciplinary action will be enforced: Unsafe Driving - 15+ mph Speeding in road construction Out of service (OOS) Fatigued Driving/ Hours-of-Service (HOS) 26 | P a g e Revised 3-3-14 - 11/14 hour violation 60/70 hour violation Falsification of Logs Maintenance Inadequacies - Brakes Tires Lights DISCIPLINARY ACTION. Any driver cited for the above violations will receive the following disciplinary actions: - First Offense: Written Warning with letter to file Second Offense: Written Warning with suspension Third Offense: Termination 27 | P a g e Revised 3-3-14 ACCIDENTS AND INCIDENTS POLICY ACCIDENT HANDLING PROCEDURES. All accidents and incidents must be reported immediately. After an accident, you must remain available for eight hours for post-accident alcohol testing and 32 hours of post-accident drug testing. In the event of any accident or spill, the following actions are to be taken: 1) Driver is to immediately notify LLL Transportation, Inc. Safety/Dispatch personnel - John Zahner – Safety Director – 913-777-5405 (24/7) - JB Britton: 913-777-5403 - Brian Woodfine: 913-777-5407 - Dan West: 913-777-5409 - Don Hoke: 913-777-5408 - Julia Brown: 913-777-5427 *if no spill has occurred, continue to step four (4). 2) If product IS discharged, Safety/Dispatch personnel are to immediately notify: ERTS (Emergency Response & Training Solutions, Inc.) at 1-800-924-6804 of 1-800-210-6804 [ERTS provides the following services on behalf of LLL Transport: Immediately notifies all required Federal (National Response Center), State and Local EPA, D.O.T. agencies. Immediately identifies and hires/dispatches all necessary private environmental response cleanup contractors to mitigate discharge.] *Also notify emergency response phone number on bill of lading and local authorities. 3) If product is released, driver is to isolate vehicle in a safe area, taking precautions to keep people (general public) away from discharge. If safe to do so, keep discharge away from drains and or waterways. 4) After notification of the appropriate county, city, or state authorities, report accident to Great West Casualty Company and complete accident kit provided in Driver Binder. Great West Casualty Phone: 1-800-228-8040 Failure to provide immediate notification to the Company, misrepresentation of the details of the accident or falsification of the accident report form can lead to disciplinary action up to and including termination. If you are involved in an accident resulting in serious property damage, injuries or fatalities, you will be suspended until a thorough investigation can be made. 28 | P a g e Revised 3-3-14 If a driver is involved in a preventable accident during the probationary qualification period, the driver is subject to termination of employment. If a non-probationary driver is involved in two minor preventable accidents in any 365-day period, the driver is subject to termination of employment. A driver involved in a major preventable accident is subject to termination of employment. Major preventable accidents include side swipe, rear end, U-turn, jack knife and lane change accidents. Drivers need to find a safe area for turn around. U-turns on a public roadway are prohibited. ACCIDENT PREVENTION. The Company is strongly committed to a sound and thorough defensive driving policy. While operating commercial motor vehicles, drivers should always drive in the safest and most professional manner possible. DON’T TAKE RISKS! Drive Defensively and Courteously Being a defensive driver will minimize the likelihood of an accident. Anticipate hazards and apply good judgment. Some defensive driving tips are listed below. • • • • • • • • • • • • • • • • • • • First and foremost task to KEEP YOUR MIND ON DRIVING SAFELY. Remove distraction before your drive. Avoid distractions during driving. Maintain proper following distance. No tailgating, obtain a safe following distance. Always maintain a one second per 10 feet of vehicle length for following distance when traveling 40 mph or slower. Add 1 second when traveling over 40 mph. Follow all speed limits and drive at a speed consistent with road and weather conditions. Yield the right away. Do not cut others off, the few minutes saved doesn’t pay. Protect your lane when making right hand turn. Get out and look before you back, sound your horn twice before backing. Report any unsafe conditions to your supervisor. Report any equipment maintenance problems immediately. Right-of-way should never be assumed. Never use the size of your vehicle to assert your right-of-way. Keep to the right except when overtaking a slow-moving vehicle or when getting into position to make a left turn. Maintain on lane. Increase following distances during snow and other adverse driving conditions. Never out drive your visibility. Slow down and down shift before you enter a curve. Passing another vehicle should only be attempted if it is legal to do so and there is adequate space for a safe pass. Signal 100 feet before beginning the passing maneuver and signal when returning to the travel lane. Be alert for unexpected moves on the part of the other driver. Never be too quick to pass a driver who is having mechanical trouble, who may be lost or uncertain, or whose actions are otherwise erratic. Use your horn before you get to close. 29 | P a g e Revised 3-3-14 • When parking always set the parking brake and remove ignition key. Stopping and parking on the open highway should be avoided whenever possible. Stopping on the shoulder of a high-speed limited highway is dangerous and usually prohibited by law. REPORTING OF ACCIDENTS, INCIDENTS, AND UNSAFE CONDITIONS. The Company requires that you report any unsafe condition to the Company. Any and all accidents and injuries, no matter how small, must be immediately reported to the Company. Employee drivers involved in accidents (industrial, liability, vehicular, etc.) may be subject to discipline as described above for failing to report an accident or for being involved in a preventable accident. The safety of all drivers is of first importance to the Company. Your full cooperation is important. 30 | P a g e Revised 3-3-14 ALCOHOL AND CONTROLLED SUBSTANCE TESTING PURPOSE. The purpose of this document is to outline the policy of LLL Transport, Inc., to comply with Federal Motor Carrier Safety Administration (FMCSA) and the Department of Health and Human Services (HHS) Guidelines to maintain a drug and alcohol free workplace for drivers employed by the Company as well as independent contractors. The Company is firmly committed to operating in the safest and most efficient manner possible. As a responsible employer, the Company is also committed to promoting the safety and welfare of its employees and the public. The widespread problem of drug and alcohol abuse in our society is a potential threat to those objectives, endangering not only the public, but also the future of the company and the personal lives of its employees. Such problems can also cost the Company in terms of absenteeism, accidents, lost productivity, and increased medical expenses. It is the responsibility of each employee to ensure that he or she is drug and alcohol free in compliance with the requirements outlined in this policy. The Designated Department (DER) to contact for questions or concerns in regards to the Alcohol and Controlled Substance Policy is Human Resources. APPLICABLE FEDERAL REGULATIONS. This policy was developed and will be implemented in accordance with the following Federal rules and regulations (Department of transportation, Federal Motor Carrier Safety Administration, 49 CFR Parts 40, 382, and 390-Drug and Alcohol Testing General Requirements and Information) which are applicable to the Company. This policy applies to driver applicants and drivers of commercial motor vehicles with gross vehicle weight rating (GVWR) over 26,100 pounds, transport 16 or more passengers (including the driver) or transport placarded hazardous materials. CATEGORIES OF TESTING. Detection will be accomplished through the following categories of drug and alcohol testing as outlined in 49 CFR Part 40 and 382: - Pre-Employment Drug Testing - Random Drug and Alcohol Testing - Reasonable Suspicion Drug and Alcohol Testing - Post-Accident Drug and Alcohol Testing - Return to Duty Drug and Alcohol Testing - Follow-up Drug and Alcohol Testing The Drugs to be tested for are as follows: - Amphetamines - MDA-Analogues - Cocaine Metabolites - Marijuana Metabolites - Opiates - 6- Monoacetylmorphine - Phencyclidine 31 | P a g e Revised 3-3-14 Alcohol-Breath Alcohol Content (B.A.C.) levels of .02 to .039 will preclude an individual from driving a truck for a period of 24 hours. Levels about .04 are considered positive. All drivers with B.A.C. levels above .02 will be provided transportation to their residences. The Company will train all appropriate supervisory personnel to recognize the signs and symptoms of substance abuse. POLICY STANDARDS. Drivers are prohibited from using, manufacturing, dispensing, distributing, being impaired by, under the influence of, or being in possession of any controlled substance when subject to duty (on call), prior to reporting for duty, while on duty, or on Company property except as permitted by Section 4 below. No driver shall perform safety-sensitive functions within four (4) hours after using alcohol. The Company shall not permit a driver to perform or to continue to perform safety-sensitive functions, while having actual knowledge that a driver has used alcohol within four (4) hours. The illicit use of controlled substances is prohibited at any time. Any driver who tests positive as indicated by Medical Review Officer will be subject to disciplinary action up to and including termination. Upon testing positive, the Driver has the right to have the “split” specimen analyzed at a different HHS, National Laboratory Certification Program (NLCP) certified laboratory. If requested, this test will be performed at the Driver’s expense. In the event a Driver cannot “void” (shy bladder), he/she will be urged to consume up to 40 ounces of fluid, distributed reasonably through a period of up to three hours, or until the individual has provided a sufficient urine specimen, whichever occurs first. If the driver refuses to make the attempt to provide a urine specimen or leaves the collection site before the collection process is complete, this is a refusal to test. If the driver is unable to provide a sufficient specimen within three hours of the first unsuccessful attempt to provide the specimen, the DER will direct the driver, after consulting the MRO, to obtain (within five working days) an evaluation from a licensed physician, acceptable to the MRO, who has expertise in the medical issues raised by the employee’s failure to provide sufficient specimen. If not, the test will be classified as a refusal, i.e. dealt with as positive. Any driver who tests positive for alcohol (which is a B.A.C. of .04 or higher) will be subjected to disciplinary action up to and including termination. Any driver who tests positive will be evaluated by a Substance Abuse Professional (SAP) to determine treatment needed. A B.A.C. greater than .02 but less than .04 will result in the Driver being removed from their safety-sensitive duty for a minimum of twenty-four (24) hours and is subjected to disciplinary action up to and including termination. In the event that a Driver cannot perform the breath test (shy lung), procedures (as noted in 49 CFR Part 40.265) will be adhered to. The Driver must be evaluated by a medical doctor to determine if there is a medical condition. If not, the test will be classified as a refusal i.e. dealt with as positive. 1. Use of Prescribed and Over the Counter Medication. The Company will permit prescribed and over-the-counter medication and/or the use of medication on the company premises specifically prescribed for the employee by his/her physician, provided the substance is used as the physician has prescribed for the safety of others. The medication must be clearly labeled with the employee’s name, the name of the medication and the 32 | P a g e Revised 3-3-14 physician, and the physician’s Federal Drug Enforcement Administration license number. It is the responsibility of the employee to notify their immediate supervisor that they are using a prescription drug and the employee must produce documentation of said prescription prior to commencing work. Any prescribed or over-the-counter medication containing any amount of alcohol is not to be used by any driver while performing, or just prior to performing, a safety-sensitive function. The Medical Review Officer will make a good faith judgment, based on the knowledge of the employee’s assigned duties and on the basis of their available medical history, to determine if the use of the substance by said employee, at the prescribed or authorized dosage level, is consistent with the safe performance of the employee’s duties. Any medication brought on company property must be carried in its original container. 2. Requirements of Cooperation with Testing Procedure. Each driver required to be tested pursuant to this policy must cooperate with the collections procedures. If a person refuses to cooperate with the collection process, the collection site person shall inform the DER and shall document the non-cooperation on the urine found to have, in any way, tampered with or substituted a sample shall be subject to disciplinary action up to and including termination. 3. Refusal to Take Test. Employee refusing to be tested is equal to a positive test and thus is grounds for termination of employment. The employee will not be given a second chance to test at a later date. 4. Verified Positive Drug Test Positive Drug and Alcohol tests will result in immediate termination. As an alternative to termination, the employee may be given the option to enter an approved rehabilitation program at the employee’s expense. This option is only available once. The second offense is immediate termination. He/she must successfully complete the program and will be monitored by random testing for up to five years after completion of the program. If at any time during this rehabilitation and monitoring program the employee tests positive, he/she will be terminated immediately. The employee will be allowed to leave for up to 45 days but must be able to show attendance in a program. EMPLOYEE AWARENES PROGRAM/SUPERVISORY TRAINING PROGRAM. A major tool in the battle against drug use is education awareness. Accordingly, the Company will educate its Drivers about the dangers, effects, and consequences of drugs and alcohol. The education program will help motivate employees to understand the problems associated with using drugs, the misuses of 33 | P a g e Revised 3-3-14 alcohol, and the ways such use could compromise their personal lives. Approaches will be taken to include the following: An employee education and training program for all employees who perform a driving function. The education component shall include: Information material This policy The training component for Drivers shall include information on the effects and consequences of drug and alcohol abuse on personal health, safety in the work environment, and the malfunctions and behavioral clues that may indicate drug and/or alcohol abuse. Supervisory employees who will be determining when an employee is subject to drug and alcohol testing based on reasonable cause under this policy shall receive at least one (1) hour of additional training on the physical, behavioral, and performance indicators of probable drug use and one (1) hour on symptoms of the abuse of alcohol. TESTING METHODOLOGY. All drug-testing conducted pursuant to this policy will be performed via urinalysis. Alcohol tests may be conducted by the use of an initial screen test, and if the presence of alcohol is detected, the confirmation test will be conducted on an Evidentiary Breath Testing unit (E.B.T.). In the absence of a non-evidentiary test, the screen test will be conducted on an E.B.T. The E.B.T. will be operated by a Breath Alcohol Technician (B.A.T.). All of the above procedures will be consistent with 49 CFR Part 40. 1. Pre-Employment. All final applicants for employment as commercial motor vehicle drivers who are required to have a commercial driver’s license are required to submit to drug testing. The applicant will be informed that the urine specimen being collected will be tested for drugs to include: Marijuana, Cocaine, Opiates, Phencyclidine (PCP) and Amphetamines. Final applicants will be required to sign a form consenting to the drug test and authorizing the release of any test results to the Company. Any applicant who decides not to cooperate in the pre-employment drug test may withdraw their application. No record will be maintained of the declination. Final applicants who test positive for drugs will be rejected for employment. Any employee who does not perform the function of Driver may not transfer to this function until the employee passes the drug test administered under this section. 2. Random Testing. All drivers will be subjected to random drug and alcohol testing at the annualized rate determined by the DOT-FMCSA regulations. Selection of the employees to be tested will be administered by a third party management LLL Transport, Inc., company utilizing a validated computerized random selection program. The Human Resources Department will furnish a list of active drivers at the beginning of each selection period to send to the third party 34 | P a g e Revised 3-3-14 management team. This program ensures that every covered employee has an equal opportunity of being selected at any given time. Drivers will be sent for testing at a regular pace throughout the selection period (not all at the beginning or all at the end). It is the responsibility of the dispatcher of a selected driver to ensure that selected driver completes his or her random tests before the end of the testing period. Notification of an employee’s selection will be kept confidential, and the driver will be notified of their selection by their dispatcher at the beginning of the driver’s tour of duty in which the drug and alcohol test is to be conducted. Immediately upon notification of being randomly selected the employee is to proceed to the collection facility. The testing should be completed no later than two (2) hours after notification of the screening. 3. Reasonable Cause Testing. At a minimum, all dispatchers and a member of the Human Resources department shall be trained and qualified by the Drug Free America Foundation to detect the signs of drug and alcohol use in the workplace. At least two (2) trained and qualified company supervisors must agree that there is reasonable belief that an employee should undergo reasonable cause drug and alcohol testing. Drivers of the Company are required to submit to a urine analysis for the purpose of detecting the presence of controlled substances when a supervisory employee has reasonable cause as defined below. Under this type of testing, the employee will be removed from service, without pay, pending the outcome of the tests. The employee will be returned from service with back pay if the outcome of the tests is negative. In all cases where an employee is subjected to reasonable cause testing, an evidentiary report of reasonable cause must be completed and signed by a supervisor before the test is administered. Supervisory employees must receive at least one (1) hour of training in the physical, behavioral, and performance indicators of probable drug use if they will be determining when an employee is subject to testing based on reasonable cause under this section. “Reasonable Cause” exists when a supervisory employee believes, based on facts, circumstances, physical evidence, physical sign and symptoms or a pattern of performance and/or behavior that would cause a trained supervisor to become suspicious, can reasonably conclude that an employee has violated these prohibitions of this policy. Reasonable suspicion does not require certainty. Mere hunches or gut feelings, however, are not valid in making a reasonable cause determination. If supervisors with training in the identification of the signs and symptoms of drug use reasonably conclude that there are objective facts indicative of use of drugs, then there is sufficient justification for testing. 35 | P a g e Revised 3-3-14 Reasonable Suspicion for alcohol abuse exists when a trained supervisory employee suspects that alcohol involvement has interfered with an employee’s present ability to safely perform a safety sensitive job function. This shall be based on specific, contemporaneous, and articulate observations concerning the appearance, behavior, speech, or body odors of the employee. 4. Post-Accident Testing. Under this type of testing, employees will be removed from service without pay pending the outcome of the test(s). The drug test(s) must take place within 32 hours of an accident as defined below. The alcohol test should be conducted within two (2) hours, but not later than eight (8) hours after the accident. If the test is not conducted within these parameters, the reason why must be documented. The employee will be returned to service with back pay if the outcome of the test(s) is negative. Post-accident drug-testing is required of any Driver involved in an accident as defined below: “Accident” means an occurrence associated with the operation of a commercial vehicle if: - There is a fatality. (Test is mandatory); - A vehicle is towed from the scene of the accident and a citation is issued to the driver; - Medical treatment is administered away from the scene of the accident and the citation is issued to the driver. Except in cases involving fatalities, a test is not required if a citation is not issued to the Driver. 5. Return to Duty Testing. After completing any required rehabilitation, any driver who tested positive must have a negative Return-To-Duty test result before returning to a safety sensitive job function. 6. Unannounced Follow-up Testing. Upon returning to work (after a negative Return-of-Duty test) the SAP’s evaluation report will dictate the schedule and how many unannounced “Follow-up” tests will be conducted for a certain period of time, up to 60 months. For positive drug or alcohol tests or refusal to test, a minimum of six (6) tests must be conducted in the first twelve (12) months upon returning to work. URINE COLLECTION AND ALCOHOL TESTING PROCEDURES. All aspects of urine analysis, drug and alcohol testing collection, and chain of custody procedures shall be conducted in strict accordance with the Company’s Substance Abuse Testing Procedures and HHS and FMCSA standards as outlined in 49 CFR Part 40 and Part 382. TRUCK DRIVERS ADMITTING TO DRUG AND OR ALCOHOL ABUSE PRIOR TO NOTIFICATION OF TEST. In accordance with 49 CFR Part 382.121, and subject to others applicable policies and procedures, a Driver who admits to controlled substance abuse and or alcohol abuse prior to 36 | P a g e Revised 3-3-14 notification that a random or “reasonable cause” test will be given may avoid termination on the basis of drug abuse or alcohol misuse and allowed the opportunity to reform. The following guidelines must be adhered to: 1. The admission must be made to the DER in writing. 2. The rehabilitation cost will be the employee’s responsibility. 3. The employee must be evaluated by a qualified drug and alcohol substance abuse expert, i.e. employee assistance professional, substance abuse professional, or a qualified drug and alcohol counselor. 4. Upon successful completion of an educational or treatment program, as determined by one of the above mentioned counselors, and a negative return to duty test, the employee may return to performing a safety sensitive function. 5. The employee must provide the DER a written evaluation report from the person who conducted the evaluation. This report must contain employee monitoring, i.e. type of monitoring and frequency, and the number of non-DOT follow-up tests to be conducted, and the timeframe for which tests are to be conducted. SECOND POSITIVE TEST RESULT. In the event that a driver who completes a Substance Abuse Program and all of its follow-up testing which allows he or she to continue working for the Company, a second positive alcohol and or controlled substance test (this can include one (1) positive result in both categories), will result in an immediate discharge. Remember, a refusal to take an alcohol substance test is the same as testing positive. 37 | P a g e Revised 3-3-14 HOURS-OF-SERVICE POLICY HOURS-OF-SERVICES REQUIREMENTS. All commercial motor vehicle drivers must comply with the hours-of-service regulations contained in the Federal Motor Carrier Safety Regulations as outlined in C.F.R. 49.395. Any future changes to these regulations will be automatically adopted under this policy. Any changes or modifications made to this policy shall be done through the Safety Department only. FEDERAL MOTOR VEHICLE REGULATIONS. C.F.R. 49.395.8(E) states that failure to complete the record of duty activities of this section, or 395.8 failure to preserve a record of such activities, or making false reports in connection with such duty activities shall make the carrier and driver liable for prosecution. 395.8 H0 (5) (I) FILING DRIVER’S RECORD OF DUTY STATUES. The driver shall submit or forward by email the original driver’s record of duty status to the regular employing motor carrier within thirteen (13) days following the completion of the form. LOG POLICY. All drivers are required to use Company-provided logbooks. Drivers are required to provide the original record of duty status copy from their logbook to the Company office after each trip. Logs not received within a timely manner may prevent drivers from being dispatched until the matter is resolved. Drivers must retain a duplicate copy of the log for the previous seven (7) days, and it must be in the driver’s possession while on duty. All drivers must provide their last seven days and their current day of logs to law enforcement personnel for inspection. C.F.R. 49.395.8(d), as well as company policy, requires the following information must be documented on the log, in addition to a complete and accurate accountability of hours on the log rid: - Date Total miles driven Truck and Trailer numbers Driver’s signature/ certification Driver ID Complete remarks section Shipping document number Name of company driver Written in black ink only Utilize company logs only Record loading and unloading only 38 | P a g e Revised 3-3-14 - Accidents that are on duty All time fueling, inspecting trucks and trailers are on duty DOT Inspection is on duty Pre-trip, Post-trip Any and all time spent on company business is on duty Random tests need to logged on duty and flagged Be neat on logs, only lines on grid no other marks No driver who has been declared out of service shall operate a commercial motor vehicle until they may lawfully do so. No driver who has been declared out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours as required by the out-of-service order. LOG VIOLATIONS. Violations of hours of service will not be tolerated. Any minor violation can only be corrected by the driver. Critical or acute violations will not be correctable. Penalties are outlined below: - Falsification Logs missing or not turned in 11/14 hour rule violation 60/70 hour violation 34 hour reset OFF-DUTY TIME. In accordance with FMCSA 395.8 drivers are authorized by LLL Transport, INC. to be relieved of duty when making routine stops. He/she is relieved of all duty and responsibilities for the care and custody of his/her vehicle and is at liberty to pursue activities of his/her choosing and to leave the premises on which the vehicle is located. The vehicle is to be parked in a legal, safe, and secure location. Operations must be notified where you are parked. In accordance with Regulation 177.817 (E)(ii) when the driver is not at the vehicle controls, the shipping paper shall be- either inside the driver’s door or the driver’s seat readily available and in-sight. LOCK, BLOCK, AND CHOCK. The time period must not be less than one-half (1/2) hour in duration. This authorization pertains only to meal, full service fuel, or other routine stops while en route. The driver must acknowledge an understanding of the foregoing and an understanding that the times specified above may be logged “OFF DUTY”. The Company permits its drivers to log off-duty or sleeper berth whenever the driver is relieved from work and all responsibility for performing work. The Company allows drivers to record meals as off duty. It is the responsibility of the driver to properly secure all equipment and cargo before going off duty. ON-DUTY TIME. On-duty time refers to the time a driver begins to work, or is required to be in readiness to work, until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include: 39 | P a g e Revised 3-3-14 • • • • • • • • • All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; All driving time as defined in the term driving time; All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded. All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, postaccident, or follow-up testing required by part 382 if this subchapter when directed by a motor carrier. Performing any other work in the capacity, employ, or service of a motor carrier; and Performing any compensated work for a person who is not a motor carrier DISCIPLINARY ACTION. The following progressive disciplinary policy applies to drivers receiving discipline for violating the hours of service of the Federal Motor Carrier Safety Regulations: First Offense - Verbal Warning Second Offense – Written Warning with letter to file Third Offense –Suspension up to Termination Drivers can improve their hours of service disciplinary status by not having any log violations for 60 days. For each 60 day violation free period the driver will move to the previous step. Any further violations and the driver will be moved to the next progressive step. For example, if the driver is a Step 3 he must be violation free for 60 more days to progress to Step 1 and then have another 60 day violation free period to be removed from the probationary step process. However, if the driver has violations within any 60 day period he will progress to the next step. 40 | P a g e Revised 3-3-14 ROADSIDE INSPECTIONS PROCEDURE. It is the policy of LLL Transport, INC, that all drivers must respect and cooperate in any and all roadside or scale house inspections. Drivers stopped for a roadside inspection by a law enforcement official must immediately notify his supervisor of the stop. If equipment violations are discovered they must be reported to Maintenance Department for repair. All other violations must be reported to the safety department. The inspection report must be reported by phone immediately and submitted to the Company within 24 hours from the date of the inspection. If the driver is placed Out-of-Service (OOS), the driver must satisfy the Out-Of-Service condition before he can leave the location of the OOS Order. VIOLATIONS. Due to the serious nature any violation of an OOS Order, it may result in termination of employment. All preventable violations found in roadside inspections will be treated as a violation of the company policy. Such violations are as follows: - Log book not current Logs not turned in within seven (7) days No log book Not retaining previous seven (7) days No seat belt Speeding (even if you are not convicted or are able to keep it off your MVR) Fire extinguisher not mounted, not in truck, not charged Flat tire Triangles missing or broken No shipping papers No emergency response guide book Form and manner in log book Mud flap missing Horn disabled or broken Low air buzzer or light out Intentionally overloading Broken or cracked windshield on drivers side Expired annual inspection on truck or trailer Failure to turn in inspection reports or ticket to Safety Director Failure to report all moving violations in CMV or personal vehicle DISCIPLINARY ACTION. Offenders of the above will result in the following disciplinary action, within 365 days of each offense; First Offense - Verbal Warning Second Offense – Written Warning Third Offense –Suspension up to Termination 41 | P a g e Revised 3-3-14 MISCELLANEOUS REQUIREMENTS BULLETIN BOARDS. Bulletin boards are not to be tampered with in any way. Be sure to read all posted notices. No notices or other material are to be posted without the prior approval of the Company. CUSTOMER RELATIONS. Even simple errors on the part of the Company cause customers unnecessary inconvenience and irritation. Furthermore, the time required to correct them is wasteful and expensive. It is therefore important that the quality of work be placed in a high priority. Customers appreciate prompt service; it lets them know they are important to the Company. They are never to be treated as if they are an interruption to the work of any employee, no matter how busy. A pleasant manner and helpful attitude should be extended, whether in person, by telephone, or by letter. Keeping this in mind, each driver should: Treat the customer as he or she would like to be treated; Treat the customer’s problem as important – it is undoubtedly important to him or her. Remember that each driver is responsible for handling and following through on each customer problem; and Treat each customer with respect. Customer complaints will be investigated. Because all drivers are representatives of the Company, it is important that you maintain a neat and reasonable appearance. If you are in doubt or have any questions about the specific personal appearance standards of the Company, you should speak to your supervisor. DRIVER FILES. It is important that the Company’s driver files be kept up-to-date. You should promptly notify the Company in writing of any change of address, telephone number, etc. You are also responsible to renew your driver’s license and physical and to provide the Company with copies of the same. PARKING. You are expected to park your personal vehicle in designated parking areas. Drivers parking on Company property do so with no liability on the part of the Company. A driver should protect his or her property by locking the doors. PERSONAL EXPENSES. The following expenses are personal, non-reimbursable, and the responsibility of the driver: - Traffic Violations- any citation issued as a result of a traffic violation sis the responsibility of the driver Damage- other than normal wear and tear, any unreported damage, or damage caused by abuse, neglect or lack of required maintenance is the responsibility of the driver. 42 | P a g e Revised 3-3-14 Visitors and Access. Due to safety, operational considerations, no visitors will be permitted on Company property beyond the reception area unless accompanied by a company employee. 43 | P a g e Revised 3-3-14 CSA ACKNOWLEDGEMENT 1. Unsafe Driving- Parks 390, 392: I understand and will operate a CMV in a safe manner, practicing defensive driving and control, obeying all Federal, State, and local laws governing operation of CMVs on all roadways. 2. Fatigued Driving- Parts 392, 395: I understand and will abide by the 14hr, 11hr rules, 70hrs in eight (8) days, 10hrs off, and 34hr reset. I will maintain a current logbook in correct form and manner, with true and correct entries, being legible, and all duty status entries correct and hours totaled. I will not operate a CMV in violation of hours of service (HOS) or if ill, fatigued, or impaired in an unsafe manner. 3. Driver Fitness- Parts 382, 383, 391: I understand as part of my responsibilities I am to provide proper information, be physically/ medically qualified, and complete all FMCSA’s required training. I will assist in all parts of general qualifications and meet all driver responsibility in the qualification process by checking MVR, DRUG/ ALCOHOL TESTING, AND CDL REQUIREMENTS. 4. Controlled Substance/Alcohol- Parts 40, 382, 383, 392: I understand and will abide by FMCSA’s requirements and rules for the testing of drugs/alcohol. I will not use drugs, abuse prescription drugs while on duty in a safety-sensitive function of a CMV. 5. Vehicle Maintenance- Parts 393, 396: I understand the parts, requirements and mechanical safe operation of a CMV is my responsibility. I will ensure all needed necessary repairs will be completed before operation of a CMV. I will do DVIR’s as required, roadside inspections as required, and not violate out of service orders. 6. Cargo Related- Parts 392, 393, 395, 397 (HM): I will ensure completion by signing the training for any cargo securement requirement; which include proper handling, loading, and placement for safe operation of CMVs. At no time will I move an unsafe, insecure load on the highway. I will make proper load checks, monitor and realign loads to meet local, state, and federal laws. 7. Hazmat Related- Part 40, 385, 386, 390, 397. Part 100-185 8. Crash Indicator- Part 390.0-15: I understand that I will obtain information, report, and assist in any investigation of crashes that are state reported. I understand that through the six basic operations of CMVs, I will always be a defensive, compliant, and safe operator in a CMV. 44 | P a g e Revised 3-3-14 REVISIONS As we continue to update our policies and procedures, changes in this Manual may be required. However, we cannot assume the responsibility of updating your personal copy of this Manual. For your convenience, a master copy will be available at the terminal. 45 | P a g e Revised 3-3-14 APPENDIX B 46 | P a g e Revised 3-3-14 INDEX ACCIDENTS.....................................................28, 30 ACCOUNTABILITES .............................................. 11 ALCOHOL AND CONTROLLED SUBSTANCE TESTING ........................................................................ 31 ALCOHOL TESTS .............................................33, 34 ATTENDANCE ...................................................... 14 AUTHORIZATION PROCEDURES .......................... 19 BEHAVIORS CAN LEAD TO IMMEDIATE TERMINATION OF EMPLOYMENT OR LEASE AND INCLUDE .. 5, SEE IMMEDIATE SUSPENSION AND/OR TERMINATION POLICY; SPEEDING AND VEHICLE CONTROL POLICY; ACCIDENTS AND INCIDENTS; ALCOHOL AND CONTROLLED SUSBSTANCE TESTING; WORK SAFETY RULES BILLS OF LADING/LOAD DELIVERY RECEIPTS ...... 15 BREAKDOWNS .................................................... 18 BULLETIN BOARDS .............................................. 42 CARGO RELATED ................................................. 44 CELLULAR DEVICE CELL PHONE POLICY........................................ 24 CITATION REPORTING ........................................ 22 COMPANY POLICY................................................. 3 CONDITION OF COMPANY VEHICLES ................. 19 CONFIDENTIAL INFORMATION ............................. 4 CONFLICTS OF INTEREST....................................... 4 CONTACT NUMBERS ............................................. 1 CONTROLLED SUBSTANCE AND ALCOHOL 4, 31, 44 CSA...................................................................4, 44 CUSTOMER ......................................................... 42 CUSTOMERS ....................................................... 42 D.O.T. REGULATIONS .......................................... 25 DELAY/WAIT TIME .............................................. 15 DISCIPLINARY ACTION ................. 16, 25, 27, 40, 41 DISPATCH............................................................ 13 DRIVER FITNESS .................................................. 44 DRIVING CONDITIONS ........................................ 22 DRUG AND ALCOHOL TESTING ..........31, 34, 35, 36 EMPLOYMENT POLICIES ....................................... 4 EMPLOYMENT-AT-WILL ........................................ 4 EQUAL OPPORTUNITY EMPLOYER........................ 4 EXPENSES ............................................................ 42 FATIGUED DRIVING .......................................26, 44 FMCSA ............. 8, 15, 23, 24, 25, 31, 34, 36, 39, 44 GREAT WEST CASUALTY PHONE ......................... 28 HAZMAT.............................................................. 44 HEARING OR VISUALLY IMPAIRED ...................... 22 HOURS-OF-SERVICE ............................................ 38 HOURS-OF-SERVICES........................................... 38 IMMEDIATE SUSPENSION AND/OR TERMINATION POLICY ............................................................. 21 IMPROPER LOADING OR DELIVERY, IMPROPER BLENDING AND SPILLS .................................... 15 JOB DESCRIPTION. 10, SEE JOB TASK, DUTIES, AND RESPONSIBILITIES JOB SPECIFICATIONS ........................................... 11 JOB TASKS, DUTIES, AND RESPONSIBILITIES ....... 10 LOG................................................................ 38, 39 MAINTENANCE.................... 4, 1, 18, 19, 27, 41, 44 MOTOR VEHICLE RECORDS STANDARDS ............ 17 OFF-DUTY TIME ................................................... 39 ON-DUTY TIME .................................................... 39 OPERATION OF COMPANY VEHICLES.................. 19 OVERWEIGHT AND TRAFFIC VIOLATIONS ........... 16 PARKING.............................................................. 42 PASSENGERS ....................................................... 25 PERMITS .............................................................. 23 PETS..................................................................... 23 PHYSICAL EXAMINATIONS .................................. 23 PHYSICAL REQUIREMENTS .................................. 11 POST-ACCIDENT TESTING.................................... 35 POST-TRIP ........................................................... 19 PRE-TRIP .............................................................. 19 PREVENTATIVE MAINTENANCE .......................... 18 PROBATIONARY QUALIFICATION .......................... 9 PROFESSIONALSIM AND BEHAVIOR ..................... 5 RADAR DETECTORS ............................................. 22 RAILROAD CROSSINGS ........................................ 23 RANDOM TESTING .............................................. 34 REASONABLE CAUSE TESTING ............................ 35 REQUIRED DOCUMENTS AND ITEMS .................. 14 ROADSIDE INSPECTIONS ..................................... 41 SAFETY..................................................... 22, 23, 24 SEATBELTS ........................................................... 23 SECOND JOBS ........................................................ 5 SEXUAL HARASSMENT .......................................... 7 SHIPPER/RECEIVER .............................................. 24 SMOKING ............................................................ 24 SPEEDING AND VEHICLE CONTROL POLICY ........ 26 TIRE CHECKS ........................................................ 25 TRAILER MANIFOLD OPERATION ........................ 15 TRUCK AND TRAILER SECURITY ........................... 19 UNSAFE DRIVING .......................................... 26, 44 USING COMPANY AUTHORITY ............................ 16 VEHICLE ABUSE ................................................... 20 47 | P a g e Revised 3-3-14 VEHICLE MAINTENANCE ..................................... 18 VEHICLE MODIFICATIONS ................................... 19 VIOLATION .......................................................... 25 VIOLATIONS............................................. 26, 39, 41 VISITORS ............................................................. 43 WORK ENVIRONMENT........................................ 11 WORKPLACE SEARCHES ........................................ 6 WORKPLACE VIOLENCE ........................................ 6 48 | P a g e Revised 3-3-14
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