A Guide to Determining Accident Preventability Presentation to the APTA Safety Council Before the slide show is shown 1 or 2 examples of accidents should be handed out. it should outline the details some details should be left out to show how assumptions can be a pitfall in fairness if there is a large group pick a lot of members – hoping this will cause a big discussion that might not be effective with “to many hands in the pot”. then another group with maybe 5 or 7 participants with the rest as observers. This should set the stage for the presentation

Defining Preventable Collisions The National Safety Council (www.nsc.org) defines a preventable collision as one in which the driver failed to do everything that they reasonably could have done to avoid it.

The American Trucking Association (www. truckline The American Trucking Association (www.truckline.com) uses the following rule to determine preventability: “Was the vehicle driven in such a way to make due allowance for the conditions of the road, weather, and traffic and to also assure that the mistakes of other drivers did not involve the driver in a collision?”

Liability vs. Preventability When determining preventability in a collision, it is important to understand that liability in an accident and preventability in an accident may not be the same issue in any given situation i.e.: if a driver observes a third party failing to yield the right of way and has the opportunity to prevent the accident, should he/she not attempt to do so? i.e.: if a driver observes a third party failing to yield the right of way and has the opportunity to prevent the accident, must he/she not do so? What is the difference between must and should regarding preventability? Good time to get them thinking about should being different than must.

Preventability and the Professional Driver As a professional driver, there is a higher standard to do everything reasonable to prevent accidents, even when their initial actions did not contribute to the potential accident. A professional driver should always strive to prevent all accidents, no matter whose fault it is.

Who’s the Professional? A professional driver should always remember that any accident, regardless of fault, has the potential for injury or fatality.

The Importance of Determining Accident Preventability When reviewing an accident involving one of their drivers, a company should always consider whether or not the accident was preventable. This is an important step in determining the next steps in effective management of the driver, including what action should be taken with the driver to correct any skill or behavioural issues

Appropriate Steps in Dealing with a Collision Ruled Preventable Corrective actions involving a driver in a preventable collision could include: Interview to discuss how similar collisions could be prevented in future Remedial training to correct specific skill deficiencies or behaviours Have in place a clear outlined progressive disciplinary process with emphasis on record keeping and consistency.

Importance of Fair and Honest Accident Preventability Determination Those charged with determining accident preventability need to understand the importance of dealing with each accident objectively. Only the facts of the accident should be used in determining accident preventability; other factors such as length of service, relationship to committee members (friend, relative), operational requirements, etc., should not be considered in order to achieve an impartial decision.

Barriers to Effective Accident Review Process Barriers to an effective accident review process include: Allowing subjective issues to cloud judgment, such as “He/she is a good driver” “We need him/her in the truck, so we can’t take action” “He/she is a troublemaker…let’s throw the book at them” Concern that the driver will reject a preventable ruling and threaten to quit, decline a run, etc. Management’s ability to effectively control their driving staff may be seriously compromised if a driver is allowed to ignore an appropriate ruling and/or sanctions

Pitfalls of Ineffective Action Failure to take effective action with a driver that has been ruled to have been involved in a preventable accident include: Not taking responsibility for actions Increase in risk of a similar accident as a result of not being provided appropriate intervention that targets the unsafe skill or behaviour that lead to the accident (regardless of fault) The message you are sending to the rest of the drivers within the company. Visible ineffectiveness of “due diligence”

Effective Ways to Manage Drivers Involved in Preventable Accidents Effective ways in having a driver accept responsibility in a preventable collision include: Discussing the differences between preventability and liability in accidents Having a frank discussion on the accident in question; deal directly with the concerns of the driver, including any areas of concern where there is a lack of agreement If a driver still has difficulty with the assessment, have an impartial third party review the particulars of the accident (ensure the third party is well versed in determining accident preventability and is respected by both the company and the driver in question)

Effective Ways to Manage Drivers Involved in Preventable Accidents Take care not to berate or embarrass the driver; explain the reason for any intervention is to correct any skill or behavioural issues that may have contributed to the accident Emphasize the positive – the importance of the driver to the company; the driver’s safety and the safety of others on the road is paramount; and that any training is meant to be beneficial (professional development)

Accident Review Committee If possible, the accident review committee should include one or two drivers well respected by their peers These drivers, along with the rest of the review committee, should be trained in the determination of accident preventability It should be made clear to all committee members that allowing influencing factors such as friendship to enter into their decision not only undermines the accident preventability determination process, but also may contribute to another accident that may be more costly, both in terms of potential cost to the company and the health of the driver in question

Summary Determining accident preventability and taking effective corrective action may: Help to identify driver skills and behaviours that may have contributed to an accident Allow for the application of corrective actions to prevent similar occurrences Allow for reviews to be used as training tools in driver safety meetings to prevent others from being involved in a similar accident Enhance the safety of your driving staff and others who share the roads

Thank-you for your participation Questions? Thank-you for your participation