Surecall Recruitment Ltd - Drugs & Alcohol Declaration

Transcription

1 Surecall Recruitment Ltd - Drugs & Alcohol Declaration This declaration is in addition to the end clients existing Health & Safety policy. It states the standards expected for a drivers physical condition & makes it clear that alcohol & drug abuse in any form will not be tolerated. Conduct: Driving staff, (however they may be engaged), must at all times be civil & polite to customers, visitors, other staff & management & are to be in a sober & coherent condition to undertake their duties at all times. Sobriety: The company reserves & applies the right to demand that all drivers attend work in a suitably fit mental & physical condition & will be capable of carrying out their given duties in a safe & responsible manner, any driver attending work that is or deemed to be still under the influence of drink or drugs will be dismissed from site immediately. Drug abuse: As it is not possible for the company to give expert medical opinion on as to weather or not a driver may be suffering the effects of drugs or alcohol it must be accepted by the driver that the company will make an informed estimate of the condition of a driver by his physical actions & behaviours & if found to be the worse for wear either by alcohol or drug abuse he will be dismissed from site immediately. A successful civil prosecution for driving or operating a vehicle while under the influence will lead to a financial penalty for drink or drug related offences, you would then face a vocational licence inquiry in front of the Traffic Commissioner & if you were found to be of ill repute because of the severity of the offences & fines from the civil case you would almost certainly be penalised further by an additional penalty of suspension, curtailment or revocation of your vocational licence, the usual outcome of these cases is a minimum additional 6 month ban from driving but if the offences were of a more serious nature the licence could be suspended for an indefinite period or even revoked completely. With regulation & legislation the way it is in the UK / EC I hope you can understand why we must be seen to be taking steps to ensure that you are aware of the law, its interpretations & consequences & why we must ask you to sign this declaration to say you understand your responsibilities both legally & contractually. By signing this document you are stating that you have read & understood the company s policy with regard to the responsibilities involved in driving large goods or passenger vehicles & are aware of & understand your legal responsibilities toward your physical condition whilst driving & working. I have read this document & understand why I am being asked to sign it & agree to do so freely Signed Name...Dated.. Signed by Surecall Recruitment Ltd Signed Name....Dated..

2 Sure-call Recruitment. - Agreement for drivers that work for more than one employer. Where a driver works for more than one employer / self-employed. Working time for different employers is the sum of the working hours; the employer can require the driver concerned to provide a written account of time worked for another employer. Management systems should be in place to ensure that employers know if their drivers are working elsewhere, either driving or carrying out other (remunerative or voluntary) employment. Other Employment. You may not be connected with, engage in, or concerned with, any other business or public office which may or might interfere with your performance of your job, or be in conflict with the best interests of (the company) without its prior written agreement. Failure to comply with this provision may contravene the working time regulations & the drivers hours regulations, & may result in dismissal on grounds of gross misconduct &/or prosecution by the relevant enforcing authority. ****************************************************** Drivers of regulated vehicles in our employment must comply with the weekly rest requirements of EU directive 3820/85; this is recorded by the signing of a document, which contains details of the directive & its weekly rest requirements. To comply with the new Council directive 93/104/EC Working Time Directive which became Community Law as from April 2005, 365 Recruitment will expect all drivers to sign the attached document after reading & understanding the statements on this page. To all drivers, as your employer Sure-call Recruitment are legally bound to ensure all drivers in their employment are aware of the consequences of breaching the regulations within this Directive. Although it is not illegal to work for more than one employer it is illegal to work for more than one employer & knowingly or unknowingly exceed an average of 48 hours per week within the reference period, this places the legal onus of responsibility with you to ensure that Sure-call Recruitment are made aware of any other forms of (remunerative or voluntary) employment with which you may be or are involved. Other employment. The UK Government has confirmed that hours worked by volunteers such as: - Retained Fire fighters, Members of the Territorial Army, or Special Constables will not contribute toward the working time of the mobile worker concerned. (However, the employer must be made aware of such activities & should keep a record of such an exemption to the WTD).

3 Other Employment. You may not be connected with, engage in, or concerned with, any other business or public office which may or might interfere with your performance of your job, or be in conflict with the best interests of (the company) without its prior written agreement. Failure to comply with this provision may contravene the working time regulations & the drivers hours regulations, & may result in dismissal on grounds of gross misconduct &/or prosecution by the relevant enforcing authority. Statement by driver. Without prejudice. I hereby undertake to consult with my employers: Sure-call Recruitment in advance of accepting any other form/s of (remunerative or voluntary) employment & will (if required) supply to them in writing details of the type & hours of work of any other form/s of employment that I may become involved with, I understand that as my employer they have the right to prior consultation so as to ensure the Council Directive regulations on Working Time are not breached. As of the date below I am employed by only one employer & that is Sure-call Recruitment. Driver. Signed by....name Date. For the company. Signed by....name Date.

4 Sure Call Recruitment Drivers tachograph & hours test. 1. How many hours can you drive for before you must stop for a break: a. 4:00 b. 2:30 c. 4:30 d. 6:00 2. What is the maximum number of hours can you drive for in a week: a. 45 b. 90 c. 56 d. 60 e How many days can you drive for before you need to take a weekly rest period: a. 6 b. 4 c. 8 d How many hours weekly rest must you normally take: a. 22 b. 36 c. 45 d. 48 e What is the maximum number of driving hours that can be achieved in any 2 week period: a. 108 b. 90 c. 80 d What is the maximum numbers of hours you are permitted to work on any one shift: a. 9 hours b. 10 hours c. 12 hours d. 15 hours e. 17 hours

5 7. Under the Working Time Directive regulations, after how many hours work must you stop for a break, assuming that you have not yet driven for more than 4.30 hours: a. 2:30 b. 4:30 c. 6:00 d. 8:00 e. 9:00 8. Which combinations of 4.30 hours driving breaks is correct: a. 15, 20 & 10 b. 20, 20 & 15 c. 30, 10 & 05 d. 15, 15 & 15 e. 15 & 30 f. 20 & What is the maximum number of hours you are permitted to drive in any given shift, Without extending: a. 12 b. 8 c. 15 d Your tachograph chart must legally contain which of the following information: a. Your surname followed by your first name. b. Your start & end locations. c. The vehicles gross weight. d. The start & end dates e. The vehicles cab type f. The vehicles start & end odometer readings (mileages) g. The total distance covered. 11. How many hours daily rest must you normally take. 12. How many hours can your daily rest be reduced to 13. How often can you reduce your daily rest in any given week You are stopped by the Police or VOSA & asked to produce your records, (including digital printouts) what records must you be able to produce: a. All the records for this week & the last chart from the last week in which you drove. b. All the records for the current day & the previous 28-calendar days. c. The current day & the last 7-days. d. Only the chart for this day. e. No records at all.

6 SURE CALL RECRUITMENT Procedures for record compliance Tachograph charts, these records are the property of the operator that you drive for & are legally accountable documents which you must be able to produce to any authorised inspecting officer, analogue charts must be retained by the driver for the statutory retention period of 28-days but for no longer than 42-days, they must then be returned to the operator (via Sure Call), it is your responsibility to ensure these records are returned to Sure Call, so if you are posting these records you must return them by recorded post. Where possible it is advisable to photocopy these charts for your own records. Should these records be lost Sure Call on behalf of the operator will write to you by recorded post requesting the return of these records, should their request be unfulfilled they will have to report the loss of these legally accountable records to the Police & to VOSA, both of who will start an investigation to establish why & how these records were lost. Digital driver card data, the operator has a legal right / duty to copy the digital data that is held on your card for the period you have driven vehicles that are authorised under his operators licence. Therefore it is essential and considered standard industry practice for you to download your digital tacho at the end of every shift. As a professional driver you must act responsibly where these records are concerned & is part of your responsibility to ensure that you provide your card to the operator to allow him to read such data or where this is not possible to ensure this data is available to Sure Call so they can copy this data & send it to the operator. Please sign this to say that you understand & agree with these terms. Driver: Signed by.... Name.. Date

7 Workforce Agreement. This agreement is made on the Recitals 1. Sure Call Recruitment Services Ltd is in the business of Driver Recruitment. 2. The Working Time Road Transport Regulations that came into force 5 th April 2005 and effects the manner in which mobile workers and the company together conduct the operation. 3. Sure Call Recruitment Services Ltd and the representative of the workforce in a workforce agreement have agreed on behalf of the workforce to adopt the flexibility provided by the regulations in respect of both the Night Work Limit and reference periods for calculating the 48-hour average weekly working time. Provisions 1. Definitions the locations shall mean the regulations shall mean the Road Transport Working Time Regulations the mobile workers shall mean night workers as defined by the regulations and all mobile workers employed by 2. Scope of Agreement This agreement is made pursuant to regulation 9(2) (extend night work limit) and 4(3) (set fixed calendar reference periods) and 4(4) (extend reference periods to a maximum of 26 weeks). 3. Term of the Agreement This agreement shall remain in force for a period of 5 years effective from the date above. 4. Operative Provision 4.1 Agreement The parties acknowledge and agree that the regulations will impact upon the manner in which the operation is conducted. The parties believe that it is in the benefit of both the Company and the Driver for certain of the provisions of the regulations to be extended or modified. 4.2 Night Work Limit The worker will work beyond the 10-hour night work limit stated in the regulations but only to the extent where this would not be in breach of the regulation or EU Drivers Hours Regulations 561/ Reference Period For the purpose of calculating the 48-hour average the reference period shall be successive 26-week periods The first day of a 26-week reference period will begin at hours on Monday. The reference periods that will apply to mobile workers will be Dates from and to in all outlined reference periods will be on a fixed 26-week basis: - Sunday 2nd of December 2012 to Saturday 1 st June This pattern of fixed calendar reference periods will continue until this workforce agreement expires. 5. Avoidance of doubt For the avoidance of doubt, the parties acknowledge and agree that save as specifically set out above, the provisions of the regulations shall be in full force and effect. Signed for and upon behalf of Sure Call Recruitment Services.. Signed for and upon behalf of the Driver..