ACCIDENT REVIEW PROCEDURES THREE TIERS OF REVIEW

First Tier... This level consists of a board of three (3) employees: 1. Transportation Manager or his or her designee 2. Transit Operations Supervisor 3. Line Instructor The job of this board is to: A. investigate all relevant information presented to it and B. render a decision of avoidable or unavoidable.

What Is “Avoidable”? Avoidable means that the operator could have taken some action that would have prevented the accident from occurring. Examples may include: –Checking the side view mirror before pulling into traffic. –Checking the right side mirror before making a right hand turn. –Driving at a reasonable speed on rain-soaked streets.

What Is “Unavoidable”? Unavoidable means that there were no steps that a reasonable person could have taken to prevent the occurrence. Some of these accident types are included in Henry Ho’s “top ten list of accidents” that come up at the end of the presentation.

Second Tier... This level provides an operator an opportunity to have his accident reviewed a second time by a new independent panel. The second tier is more formal than first tier. It consists of: 1. Labor relations hearing officer. 2. Two (2) transit operations supervisors. 3. Two (2) line instructors/mentors.

Second Tier Bus/rail operator. 5. Division management representative. 6. UTU representative. Step-by-step process includes: A. Management describes what happened. B. Union responds and states its case.

Second Tier... C. Operator is given opportunity to state his or her position. Operator may use visual aids (cars, buses, signs, etc.) To illustrate scene and actions taken before and after accident. D. Panel asks questions to clarify testimony. E. Union gives rebuttal to management testimony, or closing statement. F. Management gives closing statement. G. Hearing officer brings hearing to a close.

Second Tier... Decision! Panel votes whether accident was Avoidable, or Unavoidable. If vote is 2-2, labor relations hearing officer casts deciding vote.

Third Tier... The UTU may appeal an unfavorable decision of the second tier ARB panel to an independent, outside arbitrator. Outside arbitrator: 1. Reviews first and second tier decisions, and 2. Makes final binding decision.

Henry Ho’s Top Ten List of Accident Causes 1. Collisions with stationary objects 2. Other vehicles involved with bus STANDING in zone 3. Intersections – straight ahead – other vehicle from opposite direction turns left 4. Intersections – vehicle turns right in front of bus

Henry Ho’s Top Ten List of Accident Causes 5. Sideswipe – while passing other vehicle. 6. Collision with vehicles parked at curb. 7. Sideswipe – other vehicle passing our vehicle. 8. Rear-end, other vehicle hits bus. 9. Bus pulling from zone strikes other vehicle. 10. Rear-end, bus hits other vehicle.

Disciplinary Practice If accident is deemed unavoidable, no disciple need ensue. If accident is deemed avoidable, progressive discipline would normally be applied. However, if the accident was deemed (by transportation manager) to have involved gross negligence or was otherwise egregious, employee could be terminated.