Employer Resources
XTS offers much needed employer resources to transportation companies. Unfortunately, most small transportation businesses do not have the budget to employ a dedicated Human Resources (HR) position or team to manage their company’s personnel activities. As a business owner, it is important to be knowledgeable of employment laws that dictate interviewing, hiring, and workers compensation benefits. It is critical to incorporate training, incentive programs, and retention efforts to maintain a loyal and competent workforce. These efforts make a major impact on the long-term success of your business.
Policies and Procedures Manual
Downloadable as a Word document for any additional edits you may make.
The XTS NEMT Employee Policies and Procedures Manual is your all-exclusive guide to your business’s policies, procedures, and legal obligations. Employee manuals must comply with state and federal laws, which vary depending on the number of employees and type of organization. In addition to simply having an employee manual, it is important to have each employee sign an acknowledgment form stating that he or she has read and fully understands the documents. By maintaining a current and accessible document, your employees can focus on their work and be assured that they know what is expected of them and what they need to know to stay safe while working.
The manual is customized to include your Company name and logo. You can also add additional information if you choose or have XTS make the changes for you for an additional fee. For legal purposes, some policies cannot be edited, such as labor and wage regulations and worker’s compensation.
Safety Manual
Downloadable as a Word document for any additional edits you may make.
Employees at all levels of the organization are responsible and accountable for safely performing all work operations and protecting employees, customers, assets, and the general public. It is our belief that every collision, injury, and security incident is preventable. Working safely and responsibly is a condition of employment.
The XTransit Solutions Safety Manual includes driver safety recommendations and techniques that contribute to the company’s safety culture and philosophy. Policies cover facility and workplace safety, vehicle operations and maintenance guidelines, driver monitoring procedures, and proper safety and securement practices. Also included is an overview of a sample safety incentive program, and how to implement the program. Weekly safety meetings are described, and a recommended safety calendar with topics is provided. OSHA requirements are detailed such as reporting, tracking, and documenting workplace accidents.
The XTS Safety Manual is customized to include your Company logo, Company name and industry policies that are best practices in NEMT. You can also add additional information if you choose or have XTS make the changes for you for an additional fee. For legal purposes, we will indicate what policies cannot be edited, such as OSHA requirements. Periodic and annual updates will be offered for purchase through the calendar year and can be easily added to your purchased manual.
“Take 5 for Safety” – important safety topics for each week of the year. Take “five” minutes during your safety meeting to provide an important safety topic. Includes a handout that can be easily emailed if needed and references to additional resources on the topics for discussion.
Cybersecurity Plan
Security is a concern for each employee in your organization, not only IT personnel and managers. Federal and state government and commercial contracts all transmit protected data to and from health care providers and support providers, like medical transportation companies. Due to the increasing number of cybersecurity breaches, most contracts require the vendor have a plan in place. A Cybersecurity Plan that explains each person's responsibilities for protecting IT systems and data. The plan sets the standards of behavior for activities such as the encryption of email attachments and restrictions on the use of social media. Cybersecurity policies are essential because cyberattacks and data breaches are potentially costly. At the same time, employees are often the weak links in an organization's security. Employees share passwords, click on malicious URLs and attachments, use unapproved cloud applications, and neglect to encrypt sensitive files. Cybersecurity policies can help employees better understand how to maintain the security of data and applications.
Emergency Response Plan
An Emergency Response Plan details an organization’s understanding of how it will manage and conduct actions under emergency conditions. The plan describes the actions a company will take if a problem exists at a facility, whether due to a natural causes or sabotage. The scope of this plan extends to any event that disrupts, or has the potential to disrupt, normal standards of care or business continuity. This includes the impact due to internal incidents, such as a fire, or external incidents, such as a severe weather emergency. The information contained within the Emergency Plan will be distributed to all employees assigned to the facility for their use. This document is developed to communicate the organization’s policy regarding personnel actions necessary to mitigate the effect of incidents such as fire, earthquake and other emergencies on employees, clients, and the community.
Physical Security Plan
Protecting important company and client data, confidential information, networks, software, equipment, facilities, company’s assets, and personnel is what physical security is all about. There are two factors by which security can be affected; attack by nature like a flood, fire, or a power surge or by a malicious party, which includes terrorism, vandalism, and theft. All organizations face some type of physical security threat. A Physical Security Plan is designed to safeguard personnel, property, and information. The plan documents the company’s response to security concerns for company facilities or on equipment. It may include the specific features of a facility protection program (e.g., fences, surveillance cameras), and company procedures to follow based upon changing threat conditions or situations. For a transportation company, a Physical Security Plan ensures the security of the business office and vehicles, such as locking the vehicles and keeping them in a locked garage or behind locked gates. All employees must be aware of the plan and what their roles are to always enforce it.
Free Employer Resources
Driver Hiring Checklist
COVID-19 Risk Management Checklist
COVID-19 Information and Resources
The U.S. Department of Health and Human Services (HHS) and the Center for Disease Control and Prevention (CDC) —the authorities on handling the COVID-19 (coronavirus) pandemic—have created several resources for employers and businesses owners.
Businesses that have contact with the general public could be targets of claims that their negligence led to a contract worker, customer, or client’s exposure to and infection of COVID-19. If a customer or client claims that he or she contracted COVID-19 from using your service, proof of causation will be a big hurdle for these plaintiffs. In the case of a virus, if the property or vehicle owner (e.g., a healthcare provider, emergency responder, transportation related company) is (or should be) aware that there are infectious persons at the premises or in a vehicle (whether its own employees or tenants) who may create a health hazard to these third party entrants, there may be a duty to warn such third parties, or to prevent access to certain facility areas or vehicles.
To reduce risk of liability, companies should identify risk levels in their business settings and determine appropriate control measures to implement to address the specific exposure risks. Staying up-to-date and following guidelines established for employers by the World Health Organization (“WHO”), the U.S. Center for Disease Control and Prevention (“CDC”), and the federal Occupational Safety and Health Administration (“OSHA”) is the best way to protect your workplace and clients from exposure to the virus and to protect your business from liability.
Businesses should check their general liability insurance and its coverage for bodily injury and illness involving customers and other third parties. There may be policy exclusions for claims arising from a pandemic, virus or bacteria, or pollution.
COVID-19 Frequently Asked Questions
COVID-19: Your Responsibility as an Employer
In the U.S., employees are protected from physical harm at work under the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1). The Act requires employers to comply with safety and health standards and regulations promulgated by the federal Occupational Safety and Health Administration (OSHA) or by a state with an OSHA-approved state plan. In addition, the Act’s General Duty Clause, Section 5(a)(1), requires employers provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.
There is no specific OSHA standard covering exposure to coronavirus (COVID-19), so OSHA will use the General Duty Clause. Employers may be cited if there is a recognized hazard and they do not take reasonable steps to prevent or abate the hazard. If employees are reasonably likely to be exposed to the virus at a worksite, then the employer should have a plan with procedures to protect those employees.
To reduce risk of potential liability, companies should identify risk levels in their business settings (see below) and determine appropriate control measures to implement to address the specific exposure risks (e.g., routine environmental cleaning, encourage sick employees to stay home, require workers who exhibit symptoms of COVID-19 to remain at home/leave work).
Is there guidance on Workplace Safety my company can follow?
The Occupational Safety and Health Administration (OSHA) published Guidance on Preparing Workplaces for COVID-19 that provides guidance based on traditional infection prevention and industrial hygiene practices in the workplace (https://www.osha.gov/Publications/OSHA3990.pdf). CDC guidance for businesses also provides employers and workers with recommended COVID-19 infection prevention strategies to implement in workplaces (www.cdc.gov/coronavirus/2019-ncov/specificgroups/guidance-business-response.html).
OSHA has classified four levels of worker risk of occupational exposure to COVID-19 (i.e., whether the employee is reasonably likely to be exposed to the virus as work), ranging from very high to high, medium, or lower (caution) risk. The “very high” category is reserved for healthcare or laboratory personnel collecting or handling specimens of known or suspected COVID-19 patients. Most workers will likely fall in the lower exposure risk (caution) or medium exposure risk levels. NEMT workers may be in the high exposure risk category.
High Exposure Risk: workers with high potential for exposure to known or suspected sources of COVID-19. This includes medical transport workers (e.g., ambulance vehicle operators) moving known or suspected COVID-19 patients in enclosed vehicles.
Medium Exposure Risk: workers with frequent and/or close contact with (i.e., within 6 feet) people who may be infected with COVID-19, but who are not known or suspected COVID-19 patients. In areas without ongoing community transmission, this includes workers who have frequent contact with travelers returning from international locations with widespread COVID19 transmission. In areas where there is ongoing community transmission—such as New York, New Jersey and beyond—this includes workers who have contact with the general public (e.g., schools, high population density work environments, and some high-volume retail).
Lower Exposure Risk (Caution): workers with no contact with known or suspected COVID-19 patients or minimal close contact with the general public and other coworkers.
Once you classify worker risk level, follow OSHA’s guidance for “Steps All Employers Can Take to Reduce Workers’ Risk of Exposure to SARS-CoV-2” and implement control measures described for the particular risk level: https://www.osha.gov/Publications/OSHA3990.pdf.
Although there is no specific OSHA standard covering COVID-19 exposure, the OSHA COVID-19 webpage provides additional information about OSHA standards and requirements that may be relevant, including applications of standards related to sanitation and communication of risks related to hazardous chemicals that may be in common sanitizers and sterilizers. See: www.osha.gov/SLTC/covid19/standards.html
What are protective measures that can be taken?
To protect workers in medium exposure risk jobs, which could include for-hire vehicle drivers, nonemergency medical transportation (“NEMT”) drivers, and other ground transportation drivers—OSHA recommends certain additional measures to the general measures outlined above, including:
Install physical barriers, such as clear plastic sneeze guards, where feasible.
Consider offering facemasks to ill employees and customers to contain respiratory secretions until they are able leave the workplace (i.e., for medical evaluation/care or to return home).
Keep customers informed about symptoms of COVID-19 and ask sick customers to minimize contact with workers until healthy again, such as by posting signs about COVID-19 in stores where sick customers may visit (e.g., pharmacies) or including COVID-19 information in automated messages sent when prescriptions are ready for pick up.
Where appropriate, limit customers’ and the public’s access to the worksite, or restrict access to only certain workplace areas.
Communicate the availability of medical screening or other worker health resources (e.g., onsite nurse; telemedicine services).
Workers with medium exposure risk may need to wear some combination of gloves, a facemask, and/or a face shield or goggles.
Clean and disinfect vehicles daily or as needed (see below).
How should vehicles be cleaned?
The CDC prepared the following for posting by the U.S. Federal Transit Administration regarding transit interior surfaces that require the most attention, the most effective cleaning solutions against the virus, and frequency of cleaning.
High touch surfaces should be cleaned and disinfected at least once a day.
High touch surfaces include kiosks, turnstiles, benches, railings, handrails, garbage cans, door handles, payphones, restroom surfaces (faucets, toilets, counters), poles, handrails, seats, benches, grab bars, and exit buttons.
If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection.
Products registered with EPA for use against novel coronavirus SARS-CoV-2 (the cause of COVID19) are expected to be effective against COVID-19 based on data for harder to kill viruses. Follow the manufacturer’s instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). See this list of products registered with EPA for use against novel coronavirus SARS-CoV-2.
For soft or porous surfaces such as carpeted floor, rugs, and drapes, remove visible contamination if present and clean with appropriate cleaners indicated for use on these surfaces.
Staff should wear personal protective equipment (PPE) in accordance with the disinfectant manufacturer’s instructions. After removing PPE, staff should wash their hands with soap and water for at least 20 seconds.
Drivers and vehicle operators to clean their vehicles at least daily with standard cleaning and disinfection products (e.g., Clorox, Purell, Peroxide multi-purpose cleaner). Pay special attention to disinfecting surfaces and objects that are touched often, such as door handles, armrests, and seatbelts. Vehicles should be equipped with antiseptic hand gels and/or antibacterial wipes that contain at least 60% alcohol at all times for use by drivers and passengers.
What should my transportation company do if it encounters a potentially infected case of COVID-19?
Per CDC guidelines, if a worker exhibits symptom of influenza-like illness at work, send the person home. Companies may ask employees to leave the workplace and seek medical attention. The CDC recommends that employees who exhibit acute respiratory illness symptoms (i.e., cough, shortness of breath) upon arrival to work or who become sick during the day should be separated from other employees and sent home immediately. Workers who have symptoms of acute respiratory illness should stay home and not come to work until they are free of fever (100.4° F/37.8° C or greater), signs of a fever, and any other symptoms for at least 24 hours, without the use of fever-reducing or other symptom-altering medicines, such as cough suppressants.
The U.S. Equal Employment Opportunity Commission (EEOC) advises that, “During a pandemic, employers should rely on the latest CDC and state or local public health assessments.” EEOC, Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, EEOC-NVTA-2009-3, (Oct. 9, 2009), https://www.eeoc.gov/facts/pandemic_flu.html. In addition, in rapidly changing pandemics, “employers are expected to make their best efforts to obtain public health advice that is contemporaneous and appropriate for their location, and to make reasonable assessments of conditions in their workplace based on this information.” Id.
What should my transportation company do if it encounters a confirmed case of COVID-19?
If it is an employee or worker, send the person home immediately for a minimum of 14-days. The CDC states that if an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA). Employees exposed to a co-worker with confirmed COVID-19 should refer to CDC guidance for how to conduct a risk assessment of their potential exposure: https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html
If it is a passenger or customer, follow the same precautions above, and also notify third parties of their possible exposure to COVID-19. In the case of a virus, if the property or vehicle owner is (or should be) aware that there are infectious persons at the premises or in a vehicle (whether its own employees or customers) who may create a health hazard to these third party entrants, there may be a duty to warn such third parties, or to prevent access to certain facility areas or vehicles. Keep customers informed about symptoms of COVID-19 and ask sick customers to minimize contact with your workforce until healthy again.
Clean and disinfect the workplace. Staff should wear and use appropriate Personal Protective Equipment (e.g., facemasks, gloves) and follow CDC cleaning recommendations, available here: https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html
The New State Department of Health (NYSDOH) issued Interim Guidance for Cleaning and Disinfection of Public and Private Facilities for COVID-19 that states that, if there is a confirmed case of COVID-19 in a facility, all surfaces throughout the area should be cleaned and disinfected by individuals who have been trained to use products in a safe and effective manner
(www.health.ny.gov/diseases/communicable/coronavirus/docs/cleaning_guidance_general_building.pdf). Use products recommended for cleaning and disinfecting, such as Lysol and bleach (www.dec.ny.gov/docs/materials_minerals_pdf/covid19.pdf).
My employee alleges that they contracted the coronavirus while at work. Will this result in a compensable workers’ compensation claim?
If an employee claims he or she contracted the coronavirus while at work, compensability for a workers’ compensation claim will be determined on a case-by-case basis. These laws vary from state-to-state. However, generally, only those disabilities that are causally related to an accidental injury arising out of and in the course of the employment or to occupational disease are compensable. At issue will be whether the employee contracted the virus at work and whether contracting the disease was “peculiar” to their employment. Generally, if the injury arises out of and in the course of employment, employees are limited to the workers’ compensation benefits and cannot recover other damages.
Relief for businesses
Is there any government support for my company during this crisis?
As part of the federal law enacted on March 6, 2020, the U.S. Small Business Administration (SBA) has funds available for small businesses related to COVID-19 in states affected by COVID-19. (https://www.sba.gov/funding-programs/disaster-assistance)
Information posted as of May 27, 2020.