• An employment relationship existed between the employer and the worker
• The employee was not fit for job duties
• What the employee did or failed to do caused the injuries or damages
• The employer’s negligence in hiring the employee was the most likely cause of the injuries or damages

Bottom line, if the employer knew or should have known of the employee’s being unfit for job duties; the employer can be found negligent.

Here are some examples of Negligent Hiring to show what this can lead to:

1. An employee theft ring within a parking company stole seven high-value vehicles. The investigation showed that the local management had instigated the theft ring and that several had criminal backgrounds.
   RESULT: $600,000 Garage Keepers’ Legal Liability claim
   
   PREVENTION: A thorough pre-hire background check would have disclosed the previous
   crime history.
2. A valet employee on a break molested a child. He was wearing the parking operator’s uniform when the assault took place. Investigations showed the employee had a criminal background as a registered sex offender.
   RESULT: $225,000 Liability claim. If death or permanent bodily harm to the victim had
   occurred, loss could have been ten times higher.
   PREVENTION: Pre-employment background check would have triggered the candidate’s
   offensive behavior history
3. An off-duty valet employee shot and killed a patron. The employee had had a prior history
   of anger-management issues and had been transferred to various locations.
   RESULT: $800,000 Liability claim
   PREVENTION: Addressing performance problems promptly, as ignoring them can be costly. Also, view transfers with the
   same careful assessment as new hires

Prevent Negligent Hiring?

Implement detailed hiring processes and background checks:

• Write and enforce hiring procedures; use current and compliant employment applications and job descriptions for all positions.
• Do background checks: reference, criminal, DMV, Megan’s Law (limited uses); follow all federal and state laws with regards to checking personal history.
• Test for drug use when appropriate – follow correct procedures and regulations as conditions exist when an employer may and may not conduct drug tests.

Every industry should follow correct procedures, but when you have employees interacting with the public, such as valets and parking attendants particularly with access to personal property your exposure equation goes up exponentially. What you do not know about your next employee may hurt your company and your customers.

Especially during the busy holiday season when everyone is rushing in and out of parking garages and structures it is even more important to be aware of our surroundings.  When valet attendants and patrons are pulling in and out of parking spots and rushing the risk of accidents increases.

One out of every four accidents can be blamed on poor backing techniques, according to the National Safety Council. Poor backing can result in damage to costly equipment and buildings, and can cause serious injury and death. Backing accidents are almost always preventable if the driver is properly trained—and prudent.

Drivers should avoid backing whenever possible, or pick spots that reduce backing to a minimum. This is a knack that can be learned.

Many parking accidents can be avoided by practicing defensive parking. This requires alertness and foresight.

When possible, park vehicles defensively by choosing a parking spot as prudently as possible.   The parking spot should not be too close to a corner or driveway, not too close to a road or construction site, and not where your vehicle will block or crowd other vehicles.

Park in the direction traffic is moving, and centers the vehicle in the parking space.  The driver who practices defensive parking will never take any situation for granted, but will observe and judge each parking requirement on its own. Even though backing into a particular parking spot a dozen times, look and evaluate the same spot each time to be sure of clearances and to make certain no new obstacles are in the way.  It takes lots of practice to develop good backing skills, and a tight spot is no place to get this experience.

It is amazing how many valets, even if experienced, will have backing accidents in a new situation. Knowledge of good backing practices cannot result from any number of years experience in normal forward driving. When backing up, it’s not only the gear that’s in reverse. Learn exactly how the rear end responds to every little twist of the steering wheel when backing by practice and more practice.

Be acutely aware of that big blind spot when backing. Even rear‑view mirrors can’t see around the obstruction.  Utilize all your mirrors and move backwards at a crawl.  The only way for the driver to know for sure is to get out and look. By such a walk around inspection learn the exact clearances on either side, what steering is needed and the exact distance to your stopping point.

Every driver must know exactly what is going on around them at all times, this includes backing up a vehicle and must be done slowly. Even after a walk‑around inspection, it is often advisable to have someone like a passenger or co-worker watch and signal for change of direction and for slowing and stopping.  The helper should stand near the left quarter panel. The signals to be given by the helper should be hand signals, not shouted directions.

Signals should be uniform for all drivers and spotters.

Dead Car Battery– What to do?

Although most parking companies recommend that their employees contact emergency services rather than jump start a vehicle themselves, in the event your employees need to jump start a car it is important they are appropriately trained.

Inevitably if you are working or own a parking garage or structure, you will have a patron whose car won’t start due to a dead battery.  As the owner and/or manager we recommend that you have some simple guidelines and suggestions for your employees to follow in the event they are helping a client or need a jumpstart themselves. Everyone should know how to safely jump-start their car battery. You can prevent serious injury to your eyes by following these simple suggestions.

1. Check the battery for cracks, corrosion, and loose wires.

2. Always wear a pair of splash-proof polycarbonate goggles when jump-starting your battery. Your goggles should have a Z-87 label on the frame. This means your goggles are certified use during auto repairs.

3. Never smoke or use anything that may spark when working on your battery. Car batteries contain hydrogen and oxygen, two gasses that could ignite and explode.

4. Make sure your jumper cables are rust and corrosion free before using them. Check that there are no exposed wires on your cables. Never use electrical tape to cover exposed wires.

5. Never jump-start a battery if your car’s fluids are frozen.

6. Never throw a car batter in a garbage dumpster of leave in a parking lot, especially if it is cracked or otherwise damaged.  Take it to a service station to have it disposed of properly.

7. Always call a professional if you are unsure of how to jump-start a battery.

8. Prevent Blindness American offers a battery safety sticker that lists the correct procedures.

As operators of parking facilities, you should have plans to clean up oil spill caused by vehicles and equipment that may have leaks for various reasons.  Plans should include:

• Daily Inspections
• Assembly of a clean up kit
• Written safe practices
• Employee training
• Documentation of activities

The following will outline items suggested and methods for safe clean up and disposal of materials used to mitigate minor oil spills, drips and leaks.

Materials needed:

• Oil absorbent pads
• Natural or commercial oil absorbent material
• Push broom
• Water
• Liquid detergent or environmentally friendly hydrocarbon mitigation agent

Cleaning up an Oil Spill

1)    Contain the spill as soon as possible. If the spill is still spreading, place absorbent pads around the outside edges to stop it. Absorbent pads also help wick oil out of the spill area.

2)    Remove as much of the oil as possible. There are many methods that can be used. The two easiest methods are to place absorbent pads over the spill area or to pour kitty litter, vermiculite, sand, sawdust or straw over the oil. These materials will absorb oil out of the spill area.

3)    Place the oil-soaked material you used in Step 2 in plastic bags and place in designated hazardous waste containers and have them disposed of by licensed hazardous trash removal companies.

It is illegal to direct or wash any oil, fuel or hazardous material into the storm drain.  Care must be taken during the clean up and mitigation process to ensure that these practices are done safely and in compliance with local, state and federal laws and regulations.  Failure to meet these compliance standards may result in employee injury, environmental contamination and/or significant fines from health, safety and environmental regulatory agencies.

Shuttle Van Requirements, Practices and Driver Tips

Licensing- Although driver licensing is a state matter, states must follow federal standards for commercial drivers.  These standards require drivers of vans designed to carry at least 16 occupants to have a commercial driver’s license (CDL).  Please note individual state requirements differ, be sure to check for appropriate state requirements.

Concerns – Licensing and training requirements for drivers of shuttle vans are of concern because some van drivers may not operate such large vehicles on a regular basis.  They may be unfamiliar with the way the vans handle and how they should be maintained.

Safety Belts – During 2004-08, only 26 percent of fatally injured shuttle van occupants were restrained.  Among fatally injured van occupants who were not restrained, 62 percent were fully ejected from the vehicle.  In comparison, among fatally injured occupants of other passenger vehicle types, belt use ranged from 29 percent in pickups to 46 percent in cars and minivans, and the rate of ejection among unrestrained occupants ranged from 37 percent for cars and minivans to 64 percent for SUVs.  Current federal rules require lap belts or lap/shoulder belts at all seating positions in all new passenger vehicles, including shuttle vans.

Driver Tips  - Shuttle vans require special considerations because the weight distribution of passengers and the high center of gravity make them more difficult to control. When you’re behind the wheel, keep the following safety tips in mind.

-       Be aware of how the van’s height and width impact its stability.

-       Load and unload passengers in a safe place. Check doors to ensure they are closed.

-       Driver and passengers must always use seat belts.

-       Before setting out, check the position of the mirrors to ensure they are adjusted properly for maximum vision.

-       Use mirrors or spotters when merging or backing up to ensure adequate clearances.

-       Allow longer stopping and following distances.

-       Plan turns in advance to allow adequate space.

-       Drive defensively and keep alert in order to respond quickly and safely to unexpected situations.

-       Use extra caution when driving in bad weather conditions.

MANEUVERING TIPS

-       Making a lane change or merging into traffic can be challenging when driving any vehicle, but even more so with a 15-passenger van.

-       Create more space around the van by reducing or increasing speed.

-       Signal intentions by engaging blinkers early.

-       Use the merge lane as intended and designed.

-       Use the mirrors as needed.

-       Yield the right-of-way, when necessary.

STOPPING & FOLLOWING DISTANCES

-       A 15-passenger van weighs more and takes longer to stop than a car, especially when loaded with passengers and/or equipment.

-       Observe greater stopping distances when traveling in bad weather conditions.

-       A three to four second following distance between the van and the vehicle in front of the van is a recommended minimum.

Maintaining a safety program that includes the items below at minimum will greatly reduce your chance of accidents as well as reduce your property and liability associated with transporting clients.  Your program must include:

-       executive management support and enforcement

-       safe driver qualification and maintenance practices

-       vehicle purchase, maintenance and inspection procedures

-       driver training, coaching and instruction

-       written safe practices and instruction including accident investigation efforts

-       passenger instruction and enforcement

Valet and Parking Garage Man Lifts

Man lifts are frequently used in parking garages to transport valet workers between floors in lieu of using traditional elevators or stairs.  While these can be a critical piece of equipment, there are risks and safety requirements associated with these lifts.  Proper and safe use can also reduce primary loss trends associated with slips, trips and falls on level surfaces and stairs as well as significantly improve production and reduce employee exertion levels.  On the other hand, failure to train employees, enforce safe work practices, override/ remove safety devices and/or not following manufacturer recommended operating, inspection and maintenance practices will increase employer risk, liability and opportunities for OSHA fines.



Funded by the U.S. Department of Homeland Security and the Transportation Security Administration, the parking module of First Observer was developed with the help of the IPI, the largest trade association of the parking industry. The program supports the national preparedness guidelines of DHS and is administered by the HMS Company.

An increasing number of local government officials are requiring their transportation and parking employees to participate in the training, which is offered at no cost and is available in three different ways: as an online training module; as an onsite classroom-style training session; or as a train-the-trainer workshop.

The First Observer training program, which is entirely funded by the federal government, trains parking professionals to address five critical security areas: on-street, surface parking lots, garages/decks, special events and shuttle operations. First observers recognize and report potential threats using a concise, accurate and simple communications process, the press release explains.

“The training enables parking professionals to identify a potential threat, provides background on different terrorist groups and their patterns of operation, gives an overview of weapons, and details case studies of terror situations,” says IPI’s Web site.

“IPI is pleased to be a catalyst for enhancing the anti-terrorism skills of municipal and county parking professionals,” said IPI’s Executive Director Shawn Conrad. “Since the program was launched, more than 2,000 parking professionals have earned First Observer certificates, and we expect this number to increase significantly.”

Conrad notes that with several recent terrorism incidents occurring in urban areas and involving parking areas, front-line parking professionals have an important role to play in keeping our nation safe.

Organizations that want to schedule a free training session may contact IPI Deputy Director Henry Wallmeyer at wallmeyer@parking.org or 540-371-7535, ext. 21.

Giving an employee the keys to a vehicle entails risk — the risk that he or she won’t operate the vehicle in a safe manner, take proper care of it, or follow policy and procedure. Managing these risks begins before the driver is hired, and is an ongoing process that can provide substantial savings and cost avoidance.

Assessing driver safety risks begins with MVR reports.

In a recent article from National Alliance of Insurance Education & Research, Steve C. Holland states:

“When auto liability lawsuits arise from business vehicle (such as in valet) operations, the plaintiff’s case discovery process will almost certainly obtain information about the driver’s motor vehicle record (MVR).  If a driver has a history of citations for traffic violations, reckless driving, or driving while under the influence of alcohol or drugs (DUI), the plaintiff’s attorney will attempt to paint a picture of negligence by the employer for allowing such a reckless individual to drive for their company.  If the employer had not checked the MVR at all, then the attorney can bolster their negligence argument by suggesting that the employer didn’t care enough about public safety to even bother checking.

For example, will a citation for running a stop sign carry the same weight as a conviction for DUI?  When evaluating a typical 36 month driving history,, will it make a difference to the employer if citations were received last month or two years ago?

Three legal concepts come to play in assessing the risk of liability involved with providing a vehicle to an employee:

■ Negligent Entrustment. Negligent entrustment holds that an employer can be held liable for damages if a person to whom the employer provided a “dangerous instrumentality” (i.e., a vehicle) causes damage or injury to another party with that instrument.

Thus, anyone who, while driving a vehicle, causes damages or injures to a third party or parties exposes the employer (provider) of the vehicle to risk of liability under negligent entrustment law.

Generally, the employer is held liable if the employer knew, or could have easily uncovered, that the person had a propensity to be dangerous via the possession or use of the vehicle.

■ Negligent Hiring. Negligent hiring is identical to negligent entrustment, except for two key aspects. First, the person must be an employee; negligent entrustment risk covers anyone to whom the employer provides the vehicle. Secondly, the employer need not provide any “dangerous instrumentality;” the actions of the employee in any circumstance suffice. Indeed, when a company vehicle driver (employee) has an accident, the company is exposed to the risk of liability under both negligent hiring and negligent entrustment.

■ Vicarious Liability. Under vicarious liability, the employer can be held liable for damages caused by an employee even if the employer has done nothing wrong, i.e., the company performed the requisite background and driver checks and found no evidence of a propensity for dangerous behavior.

Clearly, the scope of risk a company faces when providing a vehicle to an employee is substantial, and assessing those risks must be a critical process in the hiring and continued monitoring of fleet drivers. Negligent entrustment usually poses the greatest risk of monetary damages in the form of punitive damages, since it requires first that the company provides the “dangerous instrumentality,” and second, that the company is negligent in conducting a diligent search for a record that would have revealed a driver at risk of causing an accident.

To review, MVRs are available from every state and come in several different formats.  Safety risk assessments should be initiated before a driver is hired.  An MVR review should be part of any pre-employment screening and continue on a regular schedule (quarterly, semiannually, or annually) for as long as the driver is employed.

Assessing driver risk, because of the serious consequences of not doing so, is an important segment of a successful driver program. Program development should include all stakeholders and responsible parties, and, when implemented, must be applied consistently and without exception. Doing so can help a company avoid substantial cost, both in liability and in vehicle costs, and maintain its reputation in the industry and the community.

Life-Saving Benefits of Defibrillators Outweigh Liability Concerns

Some businesses wrongly fear that installing AED’s in the work place might increase their liability.  Conversely, implementing a workplace automated external defibrillator (AED) program could help reduce the liability associated with cardiac arrest in the workplace as some experts believe that employer liability is increasing as recognition and availability grows. Each year, sudden cardiac arrest claims the lives of more than 350,000 people in the United States.  Survival rates drop to less than 2 percent after 10 minutes.  Without the administration of proper first aid, CPR and in many cases use of an AED, this becomes the critical factor in fatality rates as it takes an average of 6 to 12 minutes for emergency services to arrive at the scene of a medical emergency.  Thus, the AED program can provide a victim with a much greater chance of survival in the event of patron or employee cardiac arrest.

2465 Campus Drive, First Floor | Irvine, CA 92612-1502 | (866) 877-6955 Toll-Free | www.strategichr.com

© 1996-2010 Strategic HR and Alliant Insurance Services, Inc. All rights reserved. Strategic HR is an Alliant-owned company.

Major earthquakes can cause unprecedented catastrophes. With earthquakes as an inevitable part of our future, parking garage owners and managers will need to be prepared and take actions to ensure that disasters do not become catastrophes.  With the safety and lives and employees and patrons at stake,

What we do now, will determine what our lives will be like afterwards.

With this in mind, the Earthquake Country Alliance (www.earthquakecountry.org) created the ShakeOut, an earthquake drill and preparedness activity in which everyone can participate. In particular, businesses of all sizes and types can use the drill to get their employees, business partners, and even their customers, involved and prepared for a big earthquake. Furthermore, the level of your staffs’ own personal and family preparedness will be key to their availability to support your company’s response and recovery efforts after a disaster.

Although they were created for the Great California ShakeOut (www.shakeout.org), the instructions to follow are adapted for earthquake drills anywhere and anytime. The following drill guidelines are designed for businesses and their staff and each drill uses the general earthquake response of Drop, Cover, and Hold On (www.dropcoverholdon.org) as its foundation. To be flexible, the following content provides four options for drill designs ranging from very simple (Level 1) to advanced (Level 4), each with steps to be taken before, during, and after the drill. Going forward, you can customize and build a drill that suits your specific needs.

Drop, Cover, and Hold On Drill

This drill uses simple steps to inform all employees how to perform Drop, Cover, and Hold On – a quake-safe action designed to protect lives from falling furniture and flying objects than can become projectiles during ground shaking.

BEFORE the Drill

1. If you will participate in the Great California ShakeOut in October, register your Business as an official participant at www.ShakeOut.org.

2. Inform your employees regarding:

□ The date and time of your drill.

□ How to correctly perform Drop, Cover, and Hold On, wherever they are.

□ Your expectations for their participation (ie. Drop/Cover/Hold On, gather at a central location for a head count, post-drill discussions).

□ Encourage employees, customers, etc. to invite friends, families, and neighbors to register as individuals or organizations at www.ShakeOut.org, so they participate too and receive

information directly on how to be safe during an earthquake.

3. (Optional) Download realistic sound effects and safety information to play during your drill by downloading recordings from www.ShakeOut.org/resources.

DURING the Drill

1. Via the public announcement (PA) system, email, cell phone/text message, or verbal direction:

□ Announce that the earthquake drill has begun and to Drop, Cover, and Hold On.

□ (Optional) Play the audio recording (see above) on your PA or, alternatively, play it on a computer in each office.

□ Suggest that while down on the floor, employees look around at what would be falling on them in a real earthquake. These items should be secured or moved after the drill.

2. After at least one minute, announce that the shaking is over and that employees can stand up again. Thank them for participating.

3. Encourage employees to discuss their experiences with one another.

AFTER the Drill

1. Ask for feedback on how the drill went.

2. Schedule the next drill for one year later (or sooner if employees need to practice).

3. Share photos and stories at www.ShakeOut.org

4. Review “7 Steps to an Earthquake Resilient Business” for additional ideas, available at www.earthquakecountry.org/roots.

5. Encourage employees to prepare at home using the 7 Steps to Safety from “Putting Down Roots in Earthquake Country” (see www.earthquakecountry.org).

Rain Snow or Sleet, Watch Your Feet!

With the Fall and Winter seasons approaching, parking garage owners and operators must pay particular attention to the increased exposure

to slips trips and falls in parking lots, sidewalks, curbs and other outdoor spaces.   Particularly in parking areas, where water tends to

create puddles,  or sidewalks can get slick it is imperative that safety measures be taken.   While some believe that it is a simple fact of

doing business,  proper attention can reduce the occurrence of these and have a significant impact in reducing employee  and customer injuries.  Following are some tasks that will help the parking garage owner/operator in reducing the frequency of these claims.

Weather

Rain, sleet, snow and ice greatly increase the slip, trip and fall hazard.  Management must keep a close eye on weather patterns to ensure that proper equipment and materials are available to reduce standing water, de-ice areas and remove snow, especially in parking areas where the weather can determine the lighting needed or clean up required.  Simply placing signs to notify that the floors are wet can result in an admission of liability.  Customers and employees should be re-routed when ever possible to ensure their safety and of course absorbent mats should be placed at entry ways. Mats should be checked regularly and saturated mats should be changed out.  Providing additional temporary cover to protect customers from the elements is a nice service gesture and can also help unwanted tracking into a facility or structure.

Walking Surfaces

External walking surfaces should be included in regular inspections to ensure that hazards are corrected expeditiously including efforts to:

-         Fill and patch cracks and holes.

-         Repair and eliminate raised areas due to tree roots, settling, cold weather (frost heaves) and ordinary wear-and-tear.

-         Reduce surface water by directing roof drainage away from sidewalks and parking areas.

-         Clear sidewalks/parking areas of snow/ice before employees and guests arrive.

-         Center and secure parking stoppers.

-         Paint or stain parking stoppers near entrances “safety yellow” to improve visibility.

Lighting

Inadequate lighting also may lead to accidents involving falls in parking lots, trips over curbing, falls on a step or stairs from a parking lot to a store and trips and falls due to holes, cracks and uneven surfaces.

There are recommended standards to levels of lighting.  However, one does not require a light meter to determine if areas are too dim or require additional lighting.  It is a good idea to supplement preventative maintenance efforts by conducting lighting surveys/inspections in the evening.  This can be done during security walks if your organization conducts them or part of your regular safety inspection or committee walks.

Footwear

Footwear policies are often looked to as the only means of preventing slips, trips and falls.  Additional difficulties are present due to the need for footwear to match dress code requirements.  Where ever possible, employees should be required to have slip resistant soles often associated with athletic shoes.  There are companies that specialize and can serve your company.  In the event that it is just not possible to accommodate the use of non-dress shoes, employees should be requested to wear shoes with slip resistant soles to and from work.  Slip covers can also be provided to employees that may be required to go into the elements infrequently.

On going management of the above can greatly improve the safety of the facilities you operate and manage without negatively impacting production.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that Strategic HR (SHR) is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal advisor, or ask SHR for a referral.

2465 Campus Drive, First Floor | Irvine, CA 92612-1502 | (866) 877-6955 Toll-Free | www.strategichr.com

© 1996-2010 Strategic HR and Alliant Insurance Services, Inc. All rights reserved. Strategic HR is an Alliant-owned company.