BOARD ADMINISTRATIVE RULE
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Risk Management EI 1/9/08


RATIONALE/OBJECTIVE:

The Cobb County School District (District) promotes a safety education and accident prevention program for the purpose of providing a high degree of safety for students and employees of the District. The District’s program shall be in compliance with the requirements of the Georgia Education Code, State Safety Orders, Life Safety Codes of Georgia, and other local and state rules and regulations concerning safety and fire prevention.

RULE:

A. GENERAL PROVISIONS:
    1. The District strives to provide a safe environment in the instructional and special
        activities programs.
    2. It is the responsibility of every District administrative head to carry out all safety
        policies set forth in the Emergency Procedures Manual. This will include the delegation
        of duties to appropriate staff personnel.

B. SAFETY - PREVENTABLE ACCIDENTS:
    Employees who drive a board owned/leased vehicle shall be subject to the following  

    regulation:
    1. DEFINITIONS:
        a. Preventable Level I Accident - Any occurrence involving a District-owned/leased
            vehicle in which the driver/operator in question failed to do everything he/she
            reasonably could have done to prevent the occurrence, if the occurrence:
            (1) Results in no injuries, or
            (2) Causes less than $1,000.00 damage to either vehicle or property.
        b. Preventable Level II Accident - Any occurrence involving a Board-owned/leased
            vehicle in which it is determined by the Risk Manager or designee that the
            driver/operator in question failed to do everything he/she reasonably could have
            done to prevent the occurrence, if the occurrence:
            (1) Results in personal injury regardless of who is injured, or
            (2) Results in damage over $1,000.00 to either vehicle or other property.
        c. Non-Preventable Accident - Any occurrence involving a Board-owned/leased
            vehicle in which it is determined by the Risk Manager or designee that the
            driver/operator in question did everything he/she reasonably could have done to
            prevent the accident.
    2. ADMINISTRATION AND PROCEDURE:
        a. Attendance at a prescribed traffic school and other corrective measures described
            in Section 3 below shall be required of employees of the District whose primary
            function or job requirements include the operation of a District-owned/leased
            vehicle.
        b. The Risk Manager or designee shall determine if an accident was Level I, Level II
            or Non-Preventable. Drivers charged with a Level II accident will be offered an
            appeal before the Accident Review Committee consisting of the Safety/Training
            Supervisor or designee, Director of Public Safety or designee, the

            Director/Administrator of the department to which the vehicle is assigned and

            two employees. A majority vote by the Accident Review Committee shall be

            required to reclassify an accident.
        c. Criteria for determining that an accident was Level I, Level II or Non-Preventable
            may include, but is not limited to, driver's statement, law enforcement records,
            insurance records, statements of witnesses, and estimates of damage as may be
            appropriate.
        d. The Director of Transportation or designee should supervise and coordinate

            employee compliance with this regulation. Traffic School attendees shall provide

            proof of attendance at the traffic school as prescribed by the Director of

            Transportation.
        e. Accidents shall be recorded from date of first occurrence and shall accumulate for
            purposes of employee discipline from the most recent preventable accident
            counting back three years.
    3. DISCIPLINE:
        a. An employee who is involved in either a Level I or Level II accident shall be subject
            to the following disciplinary action(s):
            (1) First Preventable Level I Accident - Letter of warning will be sent on all

                 Level I accidents unless a Level I accident was committed during the immediate
                 preceding three year period in which case subsequent accidents will be treated
                 as Level II. Two Level I Accidents will be deemed a Level II Accident and
                 subject to the minimum discipline listed.
            (2) First Preventable Level II Accident - Employees shall be required to attend
                 the Driver Retraining course prescribed and scheduled by the District
                 Transportation Department on his/her own time.
            (3) Second Preventable Level II Accident - Employees shall be required to

                 attend the Driver Retraining Course II prescribed and scheduled by the District
                 Transportation Department on his/her own time.
            (4) Third Preventable Level II Accident - Employees shall be suspended without
                 pay for three (3) working days.
        b. The District may substitute and/or add the following corrective measures in lieu of

            or in addition to the discipline specified in Section 3.a above.
            (1) Prescribe a traffic school different from those identified.
            (2) Suspend with pay until investigation is completed.
            (3) Suspend without pay.
            (4) Terminate employment with the school system.
            (5) Reassign to a non-driving position with the school system.
            (6) Loss of privilege of driving Board owned/leased vehicles.
            (7) Invoke any combination of the above.
    4. CITATION OF EMPLOYEE FOR TRAFFIC VIOLATION:
        a. Any employee who is cited for a traffic violation by a law enforcement agency
            while operating a District-owned/leased vehicle for any reason shall report the
            citation to his/her immediate supervisor and the Employee Relations Office at the

            beginning of the next business day (Administrative Rule GBEA [Staff Ethics]).

        b. Should the employee fail to report the citation the next working day as required
            above, he/she may be suspended without pay or be terminated at the discretion of
            the Administration and the Board of Education (Board).
        c. Should the employee be found guilty (either by plea of guilty or nolo contendere, or
            by adjudication of guilt by a court) of the traffic violation charge, the employee
            may be suspended without pay or terminated at the discretion of the
            Administration and the Board.
        d. If an employee's primary function job requirements specify a valid driver's license,
            and he/she is found guilty of a traffic violation involving the revocation or
            suspension of the employee's driver's license, even if the violation occurred in a
            vehicle other than a District owned/leased vehicle, the employee may be
            terminated. The employee must report the suspension or revocation immediately to
            his/her supervisor.


    5. DRIVING UNDER THE INFLUENCE:
        a. District employees who are required to drive a District owned/leased vehicle as part
            of their job primary function or job requirements must report any charge of driving
            under the influence of alcohol or drugs (O.C.G.A. ' 40-6-391) to his/her immediate

            supervisor and the Employee Relations Office at the beginning of the next working

            day regardless of whether the conduct which gave rise to the charge occurred in a

            personal or District owned/leased vehicle.
        b. District employees who are not required to drive a District owned/leased vehicle as
            part of their job requirements who receive a citation for driving under the influence
            while driving a District owned/leased vehicle, must report this to his/her immediate

            supervisor and the Employee Relations Office at the beginning of the next working

            day. The employee may be reassigned to a non-driving position, and/or may lose

            the privilege of driving a District owned/leased vehicle. Employees who drive

            District transportation, maintenance, warehouse or purchasing vehicles who are

            reassigned into a non-driving position will be paid at the new position's prevailing

            rate of pay.
        c. Employees found guilty of driving under the influence of alcohol (DUI) or drugs as
            prohibited by O.C.G.A. ' 40-6-391 while driving a District owned/leased vehicle will
            be recommended for termination.
    6. COORDINATION:
        Penalties outlined in this Rule are in addition to other remedies available to the Board

        or District through applicable law or other Administrative Rules, and shall be imposed

        unless the imposition of such penalties would be deemed a violation of state or federal

        laws or regulations.

 

C. SAFETY - EMPLOYEE IDENTIFICATION BADGES:
    The following regulations shall be observed relative to employee identification badges.
    1. All employees will be issued an employee identification badge. The District will provide
        the initial badge. The employee will bear the cost of any replacement badge(s).

    2. Employees may not alter, conceal or place unauthorized items or ornaments/pins on

        their employee identification badge.

    3. All employees must wear the badge at all times when on District property. The badge
        must be worn so that it is easily visible.

    4. When an employee leaves employment, he/she must turn in his/her identification badge to his/her

         immediate supervisor or available administrator. The supervisor/administrator will forward

        the returned badge to the Fingerprint Specialist Office in Human Resources Division.

 

Reclassified an Administrative Rule: 9/1/04
Revised: 9/22/05; 9/12/07; 1/9/08