WAPA-O-440.1B-page-change.pdf

DISTRIBUTION: INITIATED BY:

Available Online: http:/intranet.wapa.int/programs/directives/Pages/Alphadir.aspx Office of Safety and Occupational Health

U.S. Department of Energy

SUBJECT: PAGE CHANGE TO WAPA O 440.1B, SAFETY AND OCCUPATIONAL

HEALTH PROGRAM

1. EXPLANATION OF CHANGE. This is a revision of motor vehicle policy that strenthens management and employee responsibilities and clarifies CDL requirements.

2. LOCATIONS OF CHANGES.

Page Paragraph 1 3.a.–b.

2 5.a-j

Ch. 6 pg. 1 3 Ch. 6 pg. 1-6 4.a.–j.

Ch. 6 pg. 1 4.a.(2) Ch. 6 pg. 1 4.b.(2) Ch. 6 pg. 2 4.c.(2) Ch. 6 pg. 3 4.f.(4) Ch. 6 pg. 3 4.g.(2) Ch. 6 pg. 3 4.h.(1) Ch. 6 pg. 4 4.i.(5)a-b Ch. 6 pg. 5 4.j.(3)a-f Ch. 6 pg. 6 5.

Ch. 6 pg. 7-9 6.a.–c.

Ch. 6 pg. 9-11 7.a.–e.

Ch. 6 pg. 10 7.b.-c.

Ch. 6 pg. 11-13 8.a.–d.

Ch. 6 pg. 12 8.b.

Ch. 6 pg. 13 9 Ch. 6 pg. 14 10–13

Ch. 6 pg. 14-16 14 Ch. 6 pg. 16 15 Attachment 1 1.a.

Mark A. Gabriel Administrator

PAGE CHANGE

Approved: 10-26-2015 Chg 1 (PgChg): 10-26-2015

WAPA O 440.1B

DISTRIBUTION INITIATED BY:

Online: http:/intranet.wapa.int/programs/directives/Pages/Alphadir.aspx Office of Safety and Occupational Health

U.S. Department of Energy

SUBJECT: SAFETY AND OCCUPATIONAL HEALTH PROGRAM

1. PURPOSE. This Order (O) establishes Western Area Power Administration

(Western) policy for implementation and administration of the Safety and Occupational Health (SOH) Program consistent with best industry practices and applicable rules and regulations.

2. CANCELLATION. Replaces WAPA O 440.1B, dated 05-31-11. Changes to this order include the replacement of Chapter 6 Motor Vehicle Safety. There are 18 chapters in this order.

Cancellation of a directive does not, by itself, modify or otherwise affect any contractual or regulatory obligation to comply with the directive. Contractor Requirements Documents (CRDs) that have been incorporated into a contract remain in effect throughout the term of the contract unless and until the contract or regulatory commitment is modified to either eliminate requirements that are no longer applicable or substitute a new set of requirements.

3. APPLICABILITY. This Order applies to all Western activities and contractors performing work for Western as provided by law and/or contract and as implemented by the appropriate Contracting Officer.

a. Contractors. The Contractor Requirements Document (CRD), Attachment 1, sets forth intended requirements to be applied to contractors awarded contracts for performing work for Western, primarily on Western-owned and -leased facilities.

Compliance with the CRD will be required to the extent set forth in a contract.

b. Standards. In instances where Western and non-Western standards are applicable and there are conflicts between such standards, the standards providing the greater protection shall govern.

4. POLICY.

a. Western shall conduct operations in a manner that provides a safe and healthy work environment for employees and contractors while protecting the public, property and the environment. Safety must be an integral element in every work

ORDER

DATE: 10-26-2015

Chg 1 (Pg Chg): 10-26-2015

WAPA O 440.1B 2

DATE: 10-26-15

procedure. All employees must be committed to the following:

(1) No employee or contractor should, under any circumstances or to any extent, set aside safety procedures or common sense for personal convenience or to meet a project schedule.

(2) Employees and contractors must understand and act according to their right and responsibility to identify and take action to reduce and eliminate hazardous work environments and work practices.

(3) Managers and supervisors must lead by example and ensure that each job is accomplished in a safe and healthy manner.

b. Without fear of retaliation, an employee has the right and responsibility not to participate in an activity or action he/she deems to be unsafe. Additionally, an employee has the right and responsibility to stop any operation he/she believes would place a person in imminent danger.

c. Without fear of retaliation, employees are encouraged to report near-miss incidents. Reporting a near-miss may prevent injury to other employees or prevent damage to equipment.

d. No employee will be subject to restraint, interference, coercion, reprisal, or other discrimination by virtue of participation in the SOH Program. This includes filing a report of an unsafe or unhealthy working condition or exercising the rights afforded by Federal laws or Executive Order. An employee or employee’s representative who believes that an act of reprisal or discrimination has been committed may file a complaint under the procedures described in DOE O 442.1A, DOE Employee Concerns Program, or under an applicable negotiated grievance procedure.

5. RESPONSIBILITIES. Additional responsibilities are found in the Chapters of this

Order.

a. Administrator.

(1) Establishes and maintains the SOH program.

(2) Provides resources necessary to execute the program.

(3) Assigns SOH performance requirements to all managers.

WAPA O 440.1B 3

b. Chief Operating Officer.

(1) Administers the SOH Program.

(2) Recommends and coordinates Western-wide implementation of the SOH Policy.

c. Director of Safety.

(1) Ensures implementation of SOH Program.

(2) Manages program resources.

(3) Coordinates SOH Program in response to departmental issues.

(4) Evaluates line organizations to ensure compliance with program standards and procedures.

(5) Maintains expertise in safety and health technical areas.

(6) Reviews unique requisitions/purchase requests with safety or health significance.

d. Office of General Counsel. Provides advice regarding loss prevention policy, tort claim responsibility, and legal liability.

e. Procurement Manager. Ensures procurement actions related to safety and health are coordinated with the Headquarters (HQ) SOH Office, i.e., purchases involving chemicals, equipment, and those having ergonomic implication.

f. Regional Managers.

(1) Administer and maintain Western’s SOH Program.

(2) Allocate the Region’s Program resources.

(3) Assign safety performance requirements to all managers.

(4) Supplement Western’s SOH Policy as needed.

WAPA O 440.1B 4

g. Regional Safety and Occupational Health Managers (RSOHM).

(1) Ensure implementation and promotion of Regional SOH Programs.

(2) Assist and evaluate line organizations for compliance with program standards and procedures.

(3) Maintain expertise in SOH technical areas.

(4) Review requisitions/purchase requests with SOH significance.

h. Maintenance Managers.

(1) Notify SOH offices of scheduled work that could impact employee safety or health.

(2) Ensure employees receive training specific to hazards or occupational health exposures.

i. Managers, Supervisors, Foremen, and Team Leads. Also, see Western’s Power

System Safety Manual, Section 2.

(1) Provide leadership by ensuring safety and health considerations are effectively integrated into every task.

(2) Identify and correct unsafe or hazardous conditions.

(3) Ensure employees are trained and familiar with safe work practices, procedures and other requirements.

(4) Take precautions to protect employees, the public, property and environment.

(5) Ensure all purchase card transactions with safety and health relevance are coordinated with the HQ SOH and or Regional SOH Office.

j. Employees.

(1) Understand safety responsibilities for themselves and others.

(2) Follow assigned work procedures to ensure compliance with approved standards and safe handling of equipment and material.

WAPA O 440.1B 5

(3) Actively participate in training and maintain safety awareness.

(4) Report all near miss and incidents to his or her immediate supervisor.

(5) Identify and correct unsafe or hazardous conditions. If unable to correct, bring to the attention of an immediate supervisor.

(6) Take precautions to protect employees, the public, environment, and property.

6. REFERENCES. References are detailed at the back of each Chapter.

7. DEFINITIONS. The term “Federal” is interchangeable with “Government”, which is the term used by DOE and the Office of Personnel Management (OPM). The term “Government” is interchangeable with “Federal”, which is the term used by Western.

8. RECORDS RETENTION. Records of all SOH Program activities shall be maintained in accordance with Occupational Safety and Health Administration (OSHA) standards, regulations and the Western Records Management Manual.

9. CONTACT. Questions concerning this Order should be directed to Director of

Safety, (720) 962-7292.

Mark A. Gabriel Administrator

WAPA O 440.1B Appendix A DATE: 10-26-15 Page 1 of 2

ACRONYMS

AC current AFGE American Federation of Government Employees AHJ Authority Having Jurisdiction ANSI American National Standards Institute APF Assigned Protection Factors ATV All-terrain vehicle BBP Bloodborne pathogens BBPP Bloodborne Pathogen Program Board Investigation Board BOR Bureau of Reclamation CAOHC Council for Accreditation of Occupational Hearing Conservation CDC Center for Disease Control CDL Commercial Driver’s License C.F.R. Code of Federal Regulations CMV Commercial motor vehicle CO2 Carbon dioxide COO Chief Operating Officer COR Contracting Officer’s Representative CPR cardiopulmonary resuscitation CRD Contractor Requirement Document CSO Corporate Services Office CTD cumulative trauma disorders dB decibels dBi decibel isotropic DOE Department of Energy DOT Department of Transportation EPA Environmental Protection Agency f/cc fiber per cubic centimeter F Form FCC Federal Communications Commission FMCSR Federal Motor Carrier Safety Regulations G Guide GCWR Gross combination weight rating GOV Government-owned Vehicle GSA General Services Administration GVWR vehicle weight rating HBV Hepatitis B virus HCP Hazard Communication Program HCS Hazard Communication Standard HEPA High-efficiency particulate air HIV Human immunodeficiency virus HPS Hantavirus Pulmonary Syndrome HR Human Resources IBEW International Brotherhood of Electrical Workers IEEE Institute of Electrical & Electronics Engineers IDLH Immediately dangerous to life or health

WAPA O 440.1B Appendix A DATE: 10-26-15 Page 2 of 2

ACRONYMS (continued) JHA job hazard analysis Kg kilogram kV kilovolt LFL lower flammable limit LOTO lockout/tagout MHz megahertz MPE maximum permissible exposure MSDS Material Safety Data Sheet MSWD minimum safe working distances MVSP Motor Vehicle Safety Program MUC maximum use concentration NCRP National Council on Radiation Protection and Measurements NFPA National Fire Protection Association NIOSH National Institute of Occupational Safety and Health O Order OET Office of Engineering and Technology OPM Office of Personnel Management OS&H Occupational Safety and Health OSHA Occupational Safety and Health Administration PAPR Powered Air-Purifying Respirator PEL Permissible Exposure Limits PPE personal protective equipment POC Point of Contacts POV Privately owned vehicle PSI per square inch RM Regional Manager ROS&HM Regional Safety and Occupational Health Managers ROS&SM Regional Occupational Safety and Security Manager RPP Respiratory Protection Program S&OH Safety and Occupational Health S&OHM Safety and Occupational Health Manager SAR specific absorption rate SCBA Self-Contained Breathing Apparatus SF Standard Form SOP Standard Operating Procedure SWPF Simulated Workplace Protection Factor TWA Time Weighted Average UHF Ultra high frequency U.S.C. United States Code V volt VHF very high frequency W Watt WAPA Western Area Power Administration Western Western Area Power Administration WPF Workplace Protection Factor

TABLE OF CONTENTS

CHAPTER 1: REPORTING UNSAFE OR UNHEALTHFUL WORKING CONDITIONS

CHAPTER 2: REPORTING REQUIREMENTS AND INVESTIGATION PROCEDURES

CHAPTER 3: TRAINING, PROGRAM PROMOTION AND RECOGNITION

CHAPTER 4: MANAGEMENT APPRAISAL, INSPECTION AND CORRECTIVE

(ABATEMENT) PROCEDURES

CHAPTER 5: PERSONAL PROTECTIVE EQUIPMENT

CHAPTER 6: MOTOR VEHICLE SAFETY

CHAPTER 7: RADIO FREQUENCY (RF) EXPOSURE

CHAPTER 8: LIFE SAFETY CODE (FIRE SAFETY)

CHAPTER 9: CONSTRUCTION SAFETY AND HEALTH

CHAPTER 10: ASBESTOS HAZARD ABATEMENT

CHAPTER 11: LOCKOUT/TAGOUT

CHAPTER 12: HAZARD COMMUNICATION

CHAPTER 13: BLOODBORNE PATHOGENS

CHAPTER 14: CONFINED OR ENCLOSED SPACE ENTRY

CHAPTER 15: ERGONMICS

CHAPTER 16: RESPIRATORY PROTECTION

CHAPTER 17: HEARING LOSS PREVENTION PROGRAM

CHAPTER 18: EMPLOYEE PROTECTION FROM HANTAVIRUS EXPOSURE

WAPA O 440.1B Chapter 6 DATE: 10-26-15 Page 1 of 18

CHAPTER 6

MOTOR VEHICLE SAFETY

1. PURPOSE. This Chapter establishes the minimum requirements for the safe operation of government-owned, leased or privately-owned vehicles (POV) during the performance of Western business. The goal is to protect Western’s drivers, the public and property.

2. APPLICABILITY. These requirements apply to all organizational elements.

3. POLICY. All Western employees shall operate government motor vehicles (GMV) safely, complying with all Federal, State, and local laws and regulations. All Western vehicles shall be designed and maintained to meet applicable safety standards.

Commercial motor vehicles (CMV) shall be operated in accordance with Federal Motor Carrier Safety Administration (FMCSA) regulations.

4. RESPONSIBILITIES.

a. Administrator.

(1) Provides the Secretary of Energy with reasonable assurance that Western is in compliance with applicable laws and regulations.

(2) Ensures that Western employees and non-Federal contractors operating motor vehicles in performance of their daily official duties are properly trained and hold any applicable medical certifications as required for CMV/CDL licensing.

(3) Provides personnel and financial resources to implement and execute this

Chapter.

b. Chief Operating Officer (COO).

(1) Provides the Administrator with reasonable assurance that Western is in compliance with applicable laws and regulations.

DATE: 10-26-15 Page 2 of 18

(3) Provides personnel and financial resources to implement and execute this Chapter.

c. HQ Managers, Regional Managers, and the Colorado River Storage Project

Management Center Managers.

(1) Ensures motor vehicle incidents involving employees or property are reported as required by Chapter 2, Reporting Requirements and Investigating Procedures, of this Order.

(3) Ensures employees who are required to have and maintain a Commercial

Driver’s License (CDL) in accordance with position description requirements are provided funding for the FMCSA medical examination and official duty time to complete State Department of Motor Vehicle CDL licensing requirements.

d. HQ, SOH Office.

(1) Ensures motor vehicle incident information is reported through the fiscal year through the performance tracking target report in the Motor Vehicle Safety Program (MVSP).

(2) Coordinates with HQ HR Office to ensure that Western maintains a proactive defensive driving training program that includes distracted driving guidelines and awareness campaign.

(3) Assists RSOHMs to review purchase or lease orders for motor vehicles not procured through the General Services Administration (GSA); e.g., off-road vehicles, line trucks, construction vehicles, and specialized motor vehicles, as requested.

e. HQ, HR Office.

(1) Maintains records associated with controlled substance and alcohol use and testing to meet DOE and OPM guidelines.

(2) Coordinates with HQ SOH to ensure that Western employees and non-Federal individuals operating motor vehicles in performance of their

DATE: 10-26-15 Page 3 of 18 daily official duties are properly trained and hold any applicable medical certifications as required for CMV/CDL licensing.

(3) Tracks employee’s completed controlled substance and alcohol training.

(4) Assists Regional Human Resources Advisors (HRA) with controlled substance and alcohol use incidents, as requested.

(5) Maintains employee defensive driving training records through a Western-wide database

f. RSOHMs.

(1) Assist managers to implement this Chapter.

(2) Assist managers to coordinate and provide formal, nationally recognized competency-based defensive driving training to employees.

(3) Review purchase or lease orders for motor vehicles not procured through the GSA to ensure inclusion of appropriate safety features.

(4) Ensure that driving records of employees who drive CMVs are reviewed and maintained. All information shall be filed and secured according to the Privacy Act of 1974. Information received from the state or national driver registry, as part of the region’s MVSP, shall be forwarded to the employee’s supervisor as needed for verification and evaluation.

g. HQ, Regional Property or Fleet Management Officers (RP/FMO).

(1) Review and forward purchase or lease requests for motor vehicles not procured through the GSA to the appropriate RSOHM to ensure that appropriate safety features are included.

(2) Maintain records of employees’ State driver’s licenses.

h. HQ, and Regional Contracting Officers (CO) or Contracting Officer’s

Representatives (COR).

(1) Ensure that all contract employees authorized to operate GMV comply with the provisions of this Chapter.

(2) Ensure contractors maintain motor vehicle liability insurance and hold

Western and GSA harmless for all damage caused when contractor employees operate a GMV.

DATE: 10-26-15 Page 4 of 18

i. Managers, Supervisors, Foreman, and Team Leads.

(1) Determine which employees will operate a GMV in performance of official daily duties.

(2) Ensure employees operating a GMV in performance of official daily duties are aware of, and comply with, the requirements of this Chapter.

(3) Annually ensure each employee has a State driver’s license valid for the type(s) of vehicles to be operated and complete the WAPA F 4400.16, Motor Vehicle License Report, or equivalent.

(4) When information is received from the State or National Driver Registry:

(a) Verify the following information with the employee.

1 Determine the employee’s suitability to continue operating a motor vehicle.

2 Notify the employee of the recommendation.

3 Provide a copy of the information to the employee.

4 Return the transmittal memorandum to the RSOHM.

(5) Ensure employees receive a formal competency-based defensive driving training; e.g., National Safety Council’s Defensive Driving Course.

(a) Prior to operating a government vehicle, unless they receive written approval from his or her supervisor.

(b) Complete defensive driving refresher training every third year from the date of the initial training course.

Note: A formal competency-based driving training course designed to address work-related activities; e.g., a winter driving skills course qualifies as refresher training.

(c) Ensure employees receive formal competency-based driver training courses designed for work-related activities; e.g., winter driving skills course.

(d) Monitor and ensure GMVs are operated safely, complying with all

Federal, State, and local laws and regulations.

DATE: 10-26-15 Page 5 of 18

(e) Ensure proper maintenance, inspection, and service in accordance with the manufacturer’s recommendations or GSA’s recommendations, as applicable, to keep GMVs in safe operating condition.

(f) Request a review by the RSOHM of information from the National Driver

Registry for any employee who exhibits deteriorated driving skills or when a driver demonstrates irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties of a driver may be impaired.

(6) Ensures funding for employees who are required to have and maintain a

CDL in accordance with position description requirements are provided the FMCSA CDL medical examination and official duty time to complete State Department of Motor Vehicle CDL licensing requirements.

(7) Notify the RSOHM when an employee:

(a) Is involved in a motor vehicle incident resulting in injury.

(b) Holding a CDL in accordance with position description requirements and operating a CMV is convicted of a traffic law violation, or the CDL is revoked, suspended, or cancelled.

(8) Notify the Regional Property or Fleet Management Officer when an employee is involved in a motor vehicle incident resulting in property damage.

j. Employees. Employees who operate GMVs shall:

(1) Meet the age requirement of 18 years or older to operate a light duty motor vehicle, and at least 21 years or older to operate any vehicle requiring a

CDL.

(2) Possess a valid state driver’s license or CDL for the type of vehicle to be operated.

Note: A probationary driver’s license for driving to and from work does not meet this requirement.

(3) Complete a formal competency-based driver training course; e.g., National

Safety Council’s Defensive Driving Course.

DATE: 10-26-15 Page 6 of 18

(a) Prior to operating a government vehicle, unless they receive their supervisor’s written approval.

(b) Complete a defensive driving refresher training every third year from the date of the initial training course completion.

(c) Operate all GMVs safely, complying with all Federal, State, and local laws and regulations.

(d) Maintain and have in possession a valid Medical Examiners Certificate when operating a CMV in accordance with position description requirements.

(e) Present a valid Medical Examiners Certificate to the State Department of

Motor Vehicle licensing department to obtain or renew a CDL.

(f) Notify their immediate supervisor before the end of the employee’s next work day after receiving a revocation, suspension, cancellation, lost privileges, or disqualification of a valid State driver’s license or CDL.

(4) Report Western-related motor vehicle incidents to their immediate supervisor as soon as the incident scene is safely secured.

5. REQUIREMENTS FOR ALL GOVERNMENT MOTOR VEHICLES (GMV).

a. Safety Belt Requirements. Each person operating or riding in a GMV shall use the installed occupant restraining systems. At a minimum, a lap belt shall be provided for the operator and each passenger seat. Restraint systems shall be kept in good functional repair and not removed or altered.

b. Incident/Property Damage. In accordance with state laws, incidents that meet reporting requirements shall be reported to the proper law enforcement agency.

All motor vehicle incidents with damage shall be reported on WAPA F 5484.1, Individual Accident/Incident Report and Standard Form (SF) 91, Motor Vehicle Accident Report. Additionally, all motor vehicle incidents should be reported to the Regional Property or Fleet Management Officers soon as practical.

c. Report Personal Injury. Any motor vehicle incident that results in a personal injury, regardless of dollar loss, shall be reported to the RSOHM on WAPA F 5484.1, Individual Accident/Incident Report, along with the SF 91, Motor Vehicle Accident Report. Any tort claims resulting from a motor vehicle incident report will be coordinated with the RSOHM; HQ SOH Office; and Office of General Counsel; utilizing a SF 95, Claim for Damage, Injury or Death; the appropriate

DATE: 10-26-15 Page 7 of 18

SF 91, Motor Vehicle Accident Report; and WAPA F 5484.1, Individual Accident/Incident Report.

d. Cargo Loads. All cargo loads shall be secured on, or within, a vehicle or trailer, firmly immobilized through the use of adequate strength tie downs, dunnage, or dunnage bags, shoring bars, or a combination of these methods.

6. REQUIREMENTS FOR COMMERCIAL DRIVER’S LICENSE (CDL) HOLDERS.

Government employees and drivers are subject to the requirements in 49 C.F.R. § 382 (2012), Controlled Substances and Alcohol Use and Testing;

49 C.F.R. § 383 (2012), Commercial Driver’s License Requirements and Penalties;

and 49 C.F.R. § 397 (2012), Transportation of Hazardous Materials, Driving, and Parking Rules.

a. Controlled Substances and Alcohol Testing. Western will test employees for use of controlled substances and alcohol use in accordance with the provisions of 49 C.F.R. § 382 (2012), Controlled Substances and Alcohol Use and Testing and DOE Order 343.1 (2014), Federal Substance Abuse Testing Program.

Applicants of positions that require a CDL are subject to pre-employment drug testing. There is no requirement for pre-employment alcohol testing. Persons subject to the CDL requirements are subject to controlled substances and alcohol testing in the following circumstances:

(1) Post Incident.

(a) A fatality.

(b) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the incident.

(c) One or more motor vehicles incurs disabling damage as a result of the incident requiring the motor vehicle(s) to be transported by a tow truck or other motor vehicle.

1 Reasonable Suspicion. When the employer reasonably suspects that the driver has violated the FMCSA prohibitions for controlled substances or alcohol use. The reasonable suspicion must be based on specific observations concerning appearance, behavior, speech or body odors, according to 49 C.F.R. § 382.307 (2012), Reasonable Suspicion Testing.

2 Random. The selection of drivers for random alcohol and controlled substances testing shall be made using a scientifically valid method.

DATE: 10-26-15 Page 8 of 18

The minimum annual percentage rate for random drug or controlled substances testing shall be 50 percent of the average number of drivers involved in safety-sensitive positions. The minimum annual percentage rate for random alcohol testing shall be 10 percent of the average number of drivers involved in safety-sensitive positions.

b. Training for Supervisors. All persons designated to supervise drivers shall receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances specified in 49 C.F.R.

§ 382.603 (2012), Training with Supervisors. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under 49 C.F.R. § 382.307 (2012), Reasonable Suspicion Testing.

c. Notification Requirements for Commercial Driver’s License (CDL) Holders.

(1) State Notification of Driving Conviction. Each person who operates a CMV and is convicted of violating a Federal, State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his or her license, shall notify an official designated by the State or jurisdiction which issued such license of the conviction. The notification must be made within 30 calendar days after the date of the conviction.

(2) Employer Notification of Driving Conviction. Each person who operates a

CMV and is convicted of violating a Federal, State or local law relating to motor vehicle traffic control (other than a parking violation), shall notify their immediate supervisor of the conviction. The notification must be made within 30 calendar days after the date of the conviction, 49 C.F.R. § 383.31(a) (2012), Notification of Conviction for Driver Violations.

(3) Employer Notification. Driver’s License Suspended, Revoked, or Cancelled.

Each employee who has a State driver’s license suspended, revoked, cancelled, or loses the right to operate a CMV for any reason, including medical disqualification for any period of time, shall notify their immediate supervisor before the end of the employee’s next work day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification.

(4) Notification Protocol. The notification form, Employee Notification for

License Loss and Suspension or Conviction of Moving Violation, is included with this Order as Appendix 2. The notification to the State designated official and employer must be made in writing and contain the following information:

DATE: 10-26-15 Page 9 of 18

(a) Driver’s full name.

(b) Driver’s license number.

(c) Date of conviction.

(5) The specific criminal or other offense(s), serious traffic violation(s), and other violation(s) of Federal, State or local laws relating to motor vehicle traffic control for which the person was convicted, and any suspension, revocation, or cancellation of certain driving privileges which resulted from such conviction(s). Determine the following:

(a) Indication whether the violation was in a CMV.

(b) Location of offense.

(c) Driver’s signature.

(d) CDL holders shall retain a FMCSA Medical Examiner’s Certificate in their possession at all times when operating a CMV.

7. INSPECTIONS.

a. Roadside Inspections. If stopped on the roadside for a safety inspection by law enforcement personnel, the motor vehicle operator shall produce the following documents:

(1) Driver’s license (and CDL with endorsements, if applicable).

(2) FMCSA Medical Examiner’s Certificate, if applicable.

(3) Copy of report or decal of the annual vehicle inspection.

(4) If the vehicle is carrying any quantity of hazardous materials; either Material

Safety Data Sheets (MSDS) describing the hazardous materials or a copy of the most current Emergency Response Guide Book and the shipping papers.

If applicable, the proper placarding on the vehicle shall be in place on the vehicle.

(5) Government Identification Badge. Copy of the DOE-owned vehicle memo or GSA-owned proof of insurance card. This card is provided by the Regional Property Manager or Fleet Management Officer with specific regional phone numbers added and should be kept with the vehicle papers. (See Appendix 1, Sample Notice.)

DATE: 10-26-15 Page 10 of 18

b. Driver’s Daily Inspection. Before driving a CMV on a public roadway, the driver shall be satisfied that the motor vehicle is in a safe operating condition by conducting a vehicle inspection; to include:

(1) Service brakes; including trailer brake connections.

(2) Parking (hand) brake.

(3) Steering.

(4) Lights and reflectors.

(5) Tires.

(6) Horn.

(7) Windshield wipers.

(8) Rear vision mirrors.

(9) Coupling devices.

(10) Wheels and rims.

(11) Emergency equipment.

(12) All steps, handholds, and/or deck plates required shall be adequately maintained to serve their intended function.

c. Annual Inspection.

(1) Inspection, repair, and maintenance.

(a) Every CMV, full trailer, semi-trailer, and converter dolly shall be inspected, at least annually, in accordance with Department of Transportation (DOT) certification inspection criteria or equivalent.

(b) Deficiencies found during the inspection shall be repaired before the

CMV is returned to service.

(c) Routine maintenance shall be performed to ensure all parts and accessories are in safe and proper operating condition, including but not limited to: Frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.

DATE: 10-26-15 Page 11 of 18

d. Recordkeeping and Required Records. CMV records shall be maintained and include:

(1) Identification of the vehicle including company number (if so marked), make, serial number, year, and tire size. In addition, if the CMV is not a GMV, the record shall identify the name of the person furnishing the vehicle.

(a) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed.

(b) A record of inspection, repairs, and maintenance indicating their date and nature.

(2) Record Retention. CMV records shall be retained where the vehicle is housed or maintained. The CMV records shall be retained for a period of four years after the disposition of property. All records except those requiring a signature may be maintained through the use of computer technology provided the motor carrier can produce, upon demand, a computer printout of the required data.

8. EQUIPMENT.

a. All Tires. No vehicle shall be operated on any tire that:

(1) Has body ply or belt material exposed through the tread or sidewall.

(a) Has any tread or sidewall separation.

(b) Is flat or has an audible leak.

(c) Except as provided in paragraph 9(b) of this section, tires shall have a tread groove pattern depth of at least 2/32 of an inch when measured in a major tread groove.

(d) Vehicle operators shall adhere to tire manufacturer’s recommended speed limits.

(e) Tire pressure gauges shall be used to obtain accurate tire pressure readings. Metal valve caps shall be installed on all tires at 50 pounds per square inch or above according to tire manufacturer.

(2) Motor vehicle operators shall report all tire failures to the RSOHM and provide the following information:

DATE: 10-26-15 Page 12 of 18

(a) Date of incident.

(b) Tire manufacturer.

(c) Tire size.

(d) Maximum load rating.

(e) Recommended tire pressure.

(f) Vehicle make.

(g) Vehicle model. Include comments such as front or rear tire.

(3) Ensure overweight axle conditions do not exist.

(4) Ensure all defects or deficiencies on the vehicle or the vehicle’s inspection report are corrected before vehicle is operated.

b. Special Considerations for Steering Axle Tires.

(1) Replace steering axle tires that are older than seven years on vehicles rated at 26,001 pounds and above.

(2) Any tire on the steering axle of a CMV shall have a tread groove pattern depth of at least 4/32 of an inch when measured at any point on a major tread groove. The measurements shall not be made where tie bars, humps, or fillets are located.

(3) No CMV shall be operated with regrooved, recapped, or retreaded tires on the steering front wheels.

(4) DOT code (marked on the sidewall of the tire) is the DOT serial number system. Example: DOT MA L9 ABCD 036. DOT equal Department of Transportation, MA equal Manufacturer and plant code number, L9 equal Tire size code number, ABCD equal Group of option symbols with the manufacturer, 036 equal first two numbers are the week of manufacture; last number is the year of manufacture. In the example, 036 indicates that the tire was manufactured in the third week of 2006.

DATE: 10-26-15 Page 13 of 18

c. Warning Flags on Projecting Loads. Any CMV transporting a load which extends beyond the sides by more than four inches or more than four feet beyond the rear must have the extremities of the load marked with red or orange fluorescent warning flags. Each warning flag must be at least 18 square inches. Two warning flags are required if the projecting load is wider than two feet.

d. Warning Devices for Stopped Vehicles.

(1) Three bi-directional emergency reflective triangles are to be placed around the vehicle within a reasonable amount of time at the locations specified below:

(a) One on the traffic side of and 10 feet from the stopped CMV facing in the direction of approaching traffic.

(b) One at 100 feet from the stopped CMV in the center of the traffic lane or shoulder occupied by the CMV and facing in the direction of approaching traffic.

(c) One at 100 feet from the stopped CMV in the center of the traffic lane or shoulder occupied by the CMV and facing in the direction away from the approaching traffic.

Note: If a CMV is stopped within 500 feet of a curve, crest of a hill, or other obstruction to traffic’s view, the driver shall face the required warning signal in the direction of the obstruction to the view at a distance of 100 to 500 feet from the stopped CMV to afford ample warning to other users of the highway.

9. PROTECTION AGAINST SHIFTING AND FALLING CMV CARGO.

a. When transporting CMV cargo on public roads, cargo must be loaded and secured to prevent cargo from leaking, spilling, blowing, or falling onto the road surface.

b. CMV cargo must be contained or immobilized to prevent shifting upon or within the vehicle to such an extent that the vehicle’s stability or maneuverability is adversely affected.

10. TRAFFIC CONTROL DEVICES AND ROAD SIGNS. Working on or near a roadway requires special precautions for employees and the public’s safety including proper placement of traffic cones, signage, reflective personal protective equipment or other warning devices. Working on or near the roadway may require special permits from State or local jurisdictions.

DATE: 10-26-15 Page 14 of 18

11. MARKING OF CMVs AND EQUIPMENT. All CMV’s and equipment shall have the gross vehicle weight rating (GVWR) posted on the vehicle or equipment.

12. COUPLING AND TOWING METHODS. When two or more vehicles are operated in combination, the coupling devices connecting the vehicles shall be designed, constructed, and installed so that the combination is operated in a straight line. If they are on a level, smooth, paved surface, the path of the towed vehicle may not deviate more than three inches outside of the path of the towing vehicle.

13. FATIGUED DRIVING AND LENGTH OF WORK DAY. Employees shall not operate a vehicle if fatigued and will not combine more than 12 hours of work and travel in one day unless approved by a supervisor in emergency situations.

14. DEFINITIONS.

a. Commercial Motor Vehicle (CMV). A motor vehicle or combination of motor vehicles to transport passengers or property, if the vehicle meets any one of the following conditions:

(1) Has a gross combination weight rating (GCWR) of 26,001 or more pounds including a towed unit with a GVWR of more than 10,000 pounds.

(2) Has a GVWR of 26,001 pounds.

(3) Is designed to transport more than 15 passengers, including the driver.

(4) Is of any size and is used in the transportation of materials found to be hazardous under the 49 U.S.C. § 5103(b) (2012), Hazardous Materials Transportation Act and 49 C.F.R. § 172(F) (2012), Placarding.

b. Government Motor Vehicle (GMV). Includes any motor vehicle which is:

(1) Owned by DOE or Western.

(2) Assigned or dispatched to Western on a rental basis from a GSA interagency motor pool.

(3) Leased by the government for a period of 30 days or longer from a commercial firm. Under this Order, motor vehicles include sedans, vans, buses, and trucks.

(4) A privately-owned vehicle and used for official business.

(5) A rental vehicle.

DATE: 10-26-15 Page 15 of 18

c. Immediate Supervisor.

(1) For Wage Board (WB) and Wage Grade (WG) Craft employees, the immediate supervisor is the Foreman or Acting Foreman.

(2) For Foreman, Acting Foreman, Administratively Determined (AD) and

General Schedule (GS) employees, the immediate supervisor is the first level of management.

d. Medical Examiner’s Statement. A signed statement by the examining physician attesting to the employee’s physical qualifications to operate a commercial motor vehicle in accordance with FMCSA Medical Examiner’s Certificate. The statement shall list restrictions (i.e., must wear corrective lenses, hearing aid).

The FMCSA medical examination form is at http: //www.fmcsa.dot.gov/regulations/medical/medical-examination-report-commercial-driver-fitness-determination.

e. Operator. Under this Order, an operator is an employee who is regularly required to operate motor vehicles.

f. Privately-Owned Vehicles (POV). A motor vehicle owned by the employee and operated on official business for Western.

g. Rental Vehicle. A motor vehicle rented from a commercial firm for less than

30 days for use on official business for Western.

h. Safety-Sensitive Positions.

(1) Employees with a secret, top secret, “L” or “Q” security clearance.

(2) Employees who work in some field of high voltage electricity (construction, maintenance, dispatch, operations or control of electrical equipment, or facilities).

(3) Employees are required to maintain a CDL in accordance with their position description.

15. REFERENCES.

a. 49 C.F.R. § 172 (F) (2014), Placarding.

b. 49 C.F.R. § 382 (2014), Controlled Substances and Alcohol Use and Testing.

DATE: 10-26-15 Page 16 of 18

c. 49 C.F.R. § 382.307 (2014), Reasonable Suspicion Testing.

d. 49 C.F.R. § 383 (2014, Commercial Driver’s License Requirements and Penalties.

e. 49 C.F.R. § 382.401 (2014), Retention of Records.

f. 49 C.F.R. §383.31(a) (2014), Notification of Conviction for Driver Violations.

g. 49 C.F.R. § 397 (2014), Transportation of Hazardous Materials, Driving, and

Parking Rules.

h. 49 C.F.R. §§ 391.41–.49(E) (2014), Physical Qualifications and Examinations.

i. 49 U.S.C. § 5103(b) (2014), Regulations for Safe Transportation.

j. 5 U.S.C. § 552a (2011). Privacy Act of 1974.

k. DOE O 343.1, Federal Substance Abuse Testing Program, dated 01-30-2014.

l. DOE O 440.1B, Worker Protection Program for DOE Federal Employees, dated 06-17-2011.

m. DOE O 460.1C, Packaging and Transportation Safety, dated 05-14-2010.

DATE: 10-26-15 Page 17 of 18

Appendix 1

NOTICE

This motor vehicle is owned by the Western Area Power Administration, US Department of Energy; agency of the Federal Government, which is a self-insurer of its property. As such, it is exempt from State laws or regulations requiring insurance of motor vehicles.

For additional information, contact the Property Management Officer at {insert telephone number for Regional/CSO Property Management Officer, as applicable}

Questions about self-insurance or claims against the U.S. Government resulting from the operation of this vehicle should be directed to the Office of General Counsel, Western Area Power Administration, P.O. Box 281213, Lakewood, Colorado 80228-82113; (720) 962-7010.

DATE: 10-26-15 Page 18 of 18

Appendix 2

WAPA-F 440.3a

(1/15) WESTERN AREA POWER ADMINISTRATION

EMPLOYER NOTIFICATION FOR LICENSE LOSS,

SUSPENSION OR CONVICTION OF MOVING VIOLATION

(TO BE SUBMITTED TO MANAGEMENT WITHIN 30 DAYS OF CONVICTION

AND IMMEDIATELY UPON BEING REVOKED)

PERSONAL INFORMATION

DRIVER’S FULL NAME:

LAST: FIRST:

HOME ADDRESS:

STREET: CITY: STATE: ZIP:

HOME PHONE: ( ) ALTERNATE PHONE: ( )

DRIVER’S LICENSE #: BIRTH DATE:

JOB INFORMATION

TITLE : EMPLOYEE ID:

SUPERVISOR: DEPARTMENT:

WORK LOCATION: WORK PHONE:

EXPLANATION

The specific criminal or other offense(s) of Federal, State or local law relating to motor vehicle operation for which the person was convicted and any suspension, revocation, or cancellation of privileges which resulted from the conviction(s):

LOCATION OF OFFENSE:

WAS VIOLATION IN CMV: YES NO

DATE OF CONVICTION: TIME:

I certify that all the information that has been provided is true to the best of my knowledge.

SIGNATURE: DATE:

WAPA O 440.1B Attachment 1 DATE: 10-26-15 Page 1 of 1

ATTACHMENT 1

CONTRACTOR REQUIREMENTS DOCUMENT (CRD)

MOTOR VEHICLE SAFETY

This CRD establishes the requirements for DOE contractors. Regardless of the performer of the work, the contractor is responsible for complying with the requirements of this CRD. The contractor is responsible for communicating the requirements of this CRD to all subcontractors to the extent necessary to ensure complete contractor compliance. That is, the contractor must (1) ensure that it and its subcontractors comply with the requirements of this CRD to the extent necessary to ensure the contractor’s compliance and (2) only incur costs that would be incurred by a prudent person in the conduct of competitive business.

1. MOTOR VEHICLE REQUIREMENTS.

a. Contractors.

All contract employees shall:

Operate Government Motor Vehicles (GMVs) safely, complying with all (1) Federal, State and local laws and regulations.

Complete a formal competency-based driving training course (e.g., National (2) Safety Council’s Defensive Driving Course) prior to operating a GMV and present the certificate to Human Resources (HR).

Complete a formal competency-based driving refresher training course ( e.g., (3) National Safety Council’s Defensive Driving Course) every third year from the date of the initial training course completion.