Common use of Abuse Reporting Clause in Contracts

Abuse Reporting. d. Provider shall provide written operational and safety procedures to all vehicle drivers before the drivers are allowed to drive unsupervised. These procedures and instructions shall address, at a minimum, the following: i. Communication and handling of unsafe conditions, security threats and emergencies; ii. Familiarization and operation of safety and emergency equipment, wheelchair lift equipment, and restraining devices; and iii. Application and compliance with applicable federal and State rules and regulations. e. Provider shall maintain the following records for at least ten (10) years: i. Records of vehicle driver background checks and qualifications; ii. Detailed descriptions of training administered and completed by each vehicle driver; iii. A record or each vehicle driver’s duty status, which shall include total days worked, on-duty hours, driving hours and time or reporting on- and off-duty each day; and iv. Any documents required to be prepared by this contract. f. Provider shall establish a drug-free workplace policy statement, in accordance with 49 C.F.R. Part 29, and a substance abuse management and testing program; in accordance with 49 C.F.R. Parts 40 and 655. g. Provider shall require that drivers write and submit a daily vehicle inspection report. h. Provider shall establish a maintenance policy and procedures for preventative and routine maintenance for all vehicles. The maintenance policy and procedures shall ensure, at a minimum, that: i. All vehicles, all parts and accessories on such vehicles, and any additional parts and accessories which may affect the safety of vehicle operation, including frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems, are regularly and systematically inspected, maintained and lubricated in accordance with the standards developed and established according to the vehicle manufacturer’s recommendations and requirements; ii. That a recording and tracking system is established for the types of inspections, maintenance, and lubrication intervals, including the date or mileage when these services are due. Required maintenance inspections shall be more comprehensive than daily inspections performed by the driver; iii. That proper preventive maintenance is performed on all vehicles; and iv. That the Provider maintain and provide written documentation of preventive maintenance, regular maintenance, inspections, lubrication and repairs performed for each vehicle under their control. Such records shall be maintained for at least ten (10) years and include, at a minimum, the following information: 1. Identification of the vehicle, including make, model and license number or other means of positive identification and ownership 2. Date, mileage, type of inspection, maintenance, lubrication or repair performed, and a description of each; 3. If not owned by Vendor Provider, the name of any person or lesser furnishing any vehicle; and 4. The name and address of any entity or contractor performing an inspection, maintenance, lubrication or repair. i. Provider shall investigate, or cause to be investigated, any event involving a vehicle or taking place on Provider controlled property resulting in a fatality, injury or property damage as follows: i. A fatality where an individual is confirmed dead, within three (3) days of a Transportation Services related event, excluding suicides and deaths from illnesses; ii. Injuries requiring immediate medical attention away from the scene for two (2) or more individuals; iii. Property damage to Vendor Provider vehicles, other Vendor Provider property or facilities, or any other property, except the Vendor Provider shall have the discretion to investigate events resulting in property damage totaling less than $1,000; iv. Evacuation of a vehicle due where there is imminent danger to passengers on the vehicle, excluding evacuations due to vehicle operation issues; v. Each investigation shall be documented in a final report that includes a description of investigation activities, identified causal factors and a corrective action plan; vi. Each corrective action plan shall identify the action to be taken by the Provider and the schedule for its implementation; and 1. Vendor Provider must monitor and track the implementation of each corrective action plan vii. Vendor Provider shall maintain all investigation reports, corrective action plans, and related supporting documentation for a minimum of ten (10) years from the date of completion of the investigation. j. Vendor shall ensure adherence to the following standards, including, but not limited to, the following: i. Drug and alcohol testing for safety sensitive job positions relating to the provision of Transportation Services regarding pre-employment, randomization, post-accident and reasonable suspicion, as required by the Federal Highway Administration and the Federal Transit Administration; ii. Use of child safety restraint devices, where the use of such devices would not interfere with the safety of a child; iii. Participant property that can be carried by the passenger and/or driver, and can be stowed safely on the vehicle, shall be transported with the passenger at no additional charge. The driver shall provide Transportation of the following items, as applicable, within the capabilities of the vehicle: i. Wheelchairs; ii. Child seats; iii. Stretchers; iv. Secured oxygen; v. Personal assistive devices; and/or vi. Intravenous devices.

Appears in 2 contracts

Sources: Nemt Service Transportation Agreement, Nemt Service Transportation Agreement