Common use of Driver Qualifications Clause in Contracts

Driver Qualifications. A. Drivers must have a valid Massachusetts Driver’s License (or valid license from a contiguous state) appropriate to the type of vehicle they will be operating and at least 1 year of driving experience, including experience driving multi-passenger vehicles. B. Drivers must be at least nineteen (19) years of age and have completed all required training specified in Section 5.3 prior to HST work. C. Drivers must furnish written references, have effective oral communication skills in English sufficient to communicate effectively with Consumers and facilities’ staff and to performtheir other job duties, and undergo a Criminal Offender Record Information (▇▇▇▇) check, with results verified, prior to any contact with Agency Consumers. The references and ▇▇▇▇ must remain on file at the Transportation Provider’s place of business and the ▇▇▇▇ must be conducted annually thereafter. The Transportation Provider must follow the DCJIS requirements for ▇▇▇▇ request procedures and hire in accordance with 101 CMR 15.00. D. The Transportation Provider is responsible for requesting SORIs and ensuring employment decisions are consistent with EOHHS SORI requirements specified in 606 CMR 14.00. The SORI check results must remain on file at the Transportation Provider’s place of business and the SORI check must be conducted annually thereafter. If the results of the SORI check indicate a positive result for any driver or monitor, they will be prohibited from providing transportation to HST Consumers. E. Drivers must supply written health records on their physical condition and must be physically able to assist Consumers entering and exiting vehicles. F. Transportation Providers must obtain a driving history report for each of its drivers and driver applicants from all appropriate state agenc(ies) on any moving violations. The report(s) must be obtained and maintained on file at the transportation provider’s place of business prior to any contact by the driver with Agency Consumers. The Transportation Provider must secure a driving history report from every state in which the driver applicant resided or was a licensed motor vehicle operator during the past 7 years. The Transportation Provider must exercise judgment in determining the appropriateness of any driver whose report(s) indicates any violation. The driving history report(s) must be updated and reviewed annually, and at a minimum, should not reflect within the previous 7 years any of the violations specifiedbelow: 1. Driving under the influence of alcohol or drugs/driving while intoxicated. 2. Reckless driving/driving to endanger. 3. Leaving the scene of an accident. 4. Driving without a license and/or insurance. 5. Driving with a suspended license; and 6. Any record with multiple or repeated violations (other than parking). At a minimum, if any of the above violations are found within the previous 7 years, that driver or driver applicant should be prohibited from contact with HST Consumers. G. Transportation Providers must enroll in the Massachusetts RMV Driver Verification System (DVS). The DVS program gives the Transportation Provider the ability to track license statuses of employees/drivers and receive email notification from the RMV if there is a change in their license status at any time while they are enrolled in DVS. The Provider is required to provide view access to its Broker and HST Staff so they will be notified if a license status changes. The Transportation Provider will be notified via email and can view the driver(s) that has had a status change. DVS also allows the Transportation Provider to obtain driving records for any driver enrolled in the DVS program. There is no fee to participate in the DVS program and receive license status notification. If the Transportation Provider chooses to obtain a public driving record, there is a fee. The Transportation Provider must take appropriate action when it receives notice of a license status change, including determining whether the driver continues to meet the Driver Qualifications set forth in this Section IV.A.” H. All drivers and Monitors who work under the provisions of the Transportation Provider Subcontract with an HST Broker shall adhere to the following provisions regarding drug/alcohol testing. All drug and alcohol testing must be conducted by an independent (non- affiliated/off-site) laboratory certified under the National Laboratory Certification Program (NLCP). Transportation Providers are not allowed to collect testing samples or conduct any testing, whether at the Transportation Provider’s facilities or otherwise. Drug testing must be conducted for marijuana, cocaine; opioids (codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone, hydromorphone), amphetamines (amphetamine, methamphetamine, MDMA, MDA) and phencyclidines (PCP), and the results must be verified as “negative”.

Appears in 2 contracts

Sources: Transportation Agreement, Transportation Agreement

Driver Qualifications. A. Drivers must have a valid Massachusetts Driver’s License (or valid license from a contiguous state) appropriate to the type of vehicle they will be operating and at least 1 year of driving experience, including experience driving multi-passenger vehicles. B. Drivers must be at least nineteen (19) years of age and have completed all required training specified in Section 5.3 prior to HST work. C. Drivers must furnish written provide references, have effective oral communication skills in English sufficient to communicate effectively with Consumers and facilities’ staff and to performtheir perform their other job duties, and undergo a Criminal Offender Record Information (▇▇▇▇) check, with results verified, prior to any contact with Agency Consumers. The references and ▇▇▇▇ must remain on file at the Transportation Provider’s place of business and the ▇▇▇▇ must be conducted annually thereafter. The Transportation Provider must follow the DCJIS requirements for ▇▇▇▇ CORI request procedures and hire in accordance with 101 CMR 15.00. Prior to a driver providing services to HST consumers, the Transportation Provider must, as directed by the Broker, 1) receive approval from the Broker or 2) provide an attestation to the Broker that the driver is properly credentialed. D. The Transportation Provider is responsible for requesting SORIs and ensuring employment decisions are consistent with EOHHS SORI requirements specified in 606 CMR 14.00. The SORI check results must remain on file at the Transportation Provider’s place of business and the SORI check must be conducted annually thereafter. If the results of the SORI check indicate a positive result for any driver or monitor, they will be prohibited from providing transportation to HST Consumers. E. Drivers must supply written health records on their physical condition and must be physically able to assist Consumers entering and exiting vehicles. F. Transportation Providers must obtain a driving history report for each of its drivers and driver applicants from all appropriate state agenc(ies) on any moving violations. The report(s) must be obtained and maintained on file at the transportation provider’s place of business prior to any contact by the driver with Agency Consumers. The Transportation Provider must secure a driving history report from every state in which the driver applicant resided or was a licensed motor vehicle operator during the past 7 years. The Transportation Provider must exercise judgment in determining the appropriateness of any driver whose report(s) indicates any violation. The driving history report(s) must be updated and reviewed annually, and at a minimum, should not reflect within the previous 7 years any of the violations specifiedbelowspecified below: 1. Driving under the influence of alcohol or drugs/driving while intoxicated. 2. Reckless driving/driving to endanger. 3. Leaving the scene of an accident. 4. Driving without a license and/or insurance. 5. Driving with a suspended license; and 6. Any record with multiple or repeated violations (other than parking). At a minimum, if any of the above violations are found within the previous 7 years, that driver or driver applicant should be prohibited from contact with HST Consumers. G. Transportation Providers must enroll in the Massachusetts RMV Driver Verification System (DVS). The DVS program gives the Transportation Provider the ability to track license statuses of employees/drivers and receive email notification from the RMV if there is a change in their license status at any time while they are enrolled in DVS. The Provider is required to provide view access to its Broker and HST Staff so they will be notified if a license status changes. The Transportation Provider will be notified via email and can view the driver(s) that has had a status change. DVS also allows the Transportation Provider to obtain driving records for any driver enrolled in the DVS program. There is no fee to participate in the DVS program and receive license status notification. If the Transportation Provider chooses to obtain a public driving record, there is a fee. The Transportation Provider must take appropriate action when it receives notice of a license status change, including determining whether the driver continues to meet the Driver Qualifications set forth in this Section IV.A.” H. All drivers and Monitors who work under the provisions of the Transportation Provider Subcontract with an HST Broker shall adhere to the following provisions regarding drug/alcohol testing. All drug and alcohol testing must be conducted by an independent (non- affiliated/off-site) laboratory certified under the National Laboratory Certification Program (NLCP). Transportation Providers are not allowed to collect testing samples or conduct any testing, whether at the Transportation Provider’s facilities or otherwise. Drug testing must be conducted for marijuana, cocaine; opioids (codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone, hydromorphone), amphetamines (amphetamine, methamphetamine, MDMA, MDA) and phencyclidines (PCP), and the results must be verified as “negative”. The Transportation Provider shall submit a copy of all the results to the Broker. 1. Pre-contact – Prior to being assigned to any work directly or indirectly involving Agency Consumers, under a drug test as described above. 2. Reasonable suspicion - Any driver or monitor who is suspected to be under the influence of alcohol or drugs must be removed immediately from any contact with Agency Consumers and the removal must remain in effect pending the results of a drug/alcohol test. The alcohol test must be conducted within 8 hours of the Incident and the drug test within 32 hours. Positive test results or failure to administer the test within the prescribed time limits will result in the permanent removal of the individuals from any Agency contract work. 3. Post-accident - Any driver or Monitor involved in an accident with Agency Consumers on board the vehicle must be removed immediately from any contact with Agency Consumers, and the removal must remain in effect pending the results of a drug/alcohol test. The alcohol test must be conducted within 8 hours of the Incident and the drug test within 32 hours. Positive test results or failure to administer the test within the prescribed time limits will result in the permanent removal of the individuals from any Agency contract work. For this provision, an accident includes, but is not limited to, an occurrence associated with the operation of a vehicle, if as a result: a. An individual dies; or b. An individual suffers bodily injury and immediately receives medical treatment at or away from the scene of the accident; or c. One or more vehicle(s) involved incurs disabling damage and such vehicle or vehicles are transported away from the scene by a tow truck or other vehicle; or d. There has been $1000 or more of property damage.

Appears in 1 contract

Sources: Transportation Agreement

Driver Qualifications. A. Drivers must have a valid Massachusetts Driver’s License (or valid license from a contiguous state) appropriate to the type of vehicle they will be operating and at least 1 year 3 years of driving experience, including experience driving multi-passenger vehicles. B. Drivers must be at least nineteen (19) years of age and have completed all required training specified in Section 5.3 prior to HST work. C. Drivers must furnish written provide references, have effective oral communication skills in English sufficient to communicate effectively with Consumers and facilities’ staff and to performtheir perform their other job duties, and undergo a Criminal Offender Record Information (▇▇▇▇) check, with results verified, prior to any contact with Agency Consumers. The references and ▇▇▇▇ findings must remain on file at the Transportation Provider’s place of business and the ▇▇▇▇ must be conducted annually thereafter. The Transportation Provider must follow the DCJIS requirements for ▇▇▇▇ CORI request procedures and hire in accordance with 101 CMR 15.00. Prior to a driver providing services to HST consumers, the Transportation Provider must, as directed by the Broker, 1) receive approval from the Broker or 2) provide an attestation to the Broker that the driver is properly credentialed. D. The Transportation Provider is responsible for requesting SORIs and ensuring employment decisions are consistent with EOHHS SORI requirements specified in 606 CMR 14.00. The SORI check results must remain on file at the Transportation Provider’s place of business and the SORI check must be conducted annually thereafter. If the results of the SORI check indicate a positive result for any driver or monitor, they will be prohibited from providing transportation to HST Consumers. E. Drivers must supply written health records on their physical condition and must be physically able to assist Consumers entering and exiting vehicles. F. Transportation Providers must obtain a driving history report for each of its drivers and driver applicants from all appropriate state agenc(ies) on any moving violations. The report(s) must be obtained and maintained on file at the transportation provider’s place of business prior to any contact by the driver with Agency Consumers. The Transportation Provider must secure a driving history report from every state in which the driver applicant resided or was a licensed motor vehicle operator during the past 7 years. The Transportation Provider must exercise judgment in determining the appropriateness of any driver whose report(s) indicates any violation. The driving history report(s) must be updated and reviewed annually, and at a minimum, should not reflect within the previous 7 years any of the violations specifiedbelowspecified below: 1. Driving under the influence of alcohol or drugs/driving while intoxicated.; 2. Reckless driving/driving to endanger.; Reckless driving/driving to endanger; 3. Leaving the scene of an accident.; Leaving the scene of an accident; 4. Driving without a license and/or insurance.; 5. Driving with a suspended license; and Driving with a suspended license; and 6. Any record with multiple or repeated violations (other than parking). At a minimum, if any of the above violations are found within the previous 7 years, that driver or driver applicant should be prohibited from contact with HST Consumers. G. Transportation Providers must enroll in the Massachusetts RMV Driver Verification System (DVS). The DVS program gives the Transportation Provider the ability to track license statuses of employees/drivers and receive email notification from the RMV if there is a change in their license status at any time while they are enrolled in DVS. The Provider is required to provide view access to its Broker and HST Staff so they will be notified if a license status changes. The Transportation Provider will be notified via email and can view the driver(s) that has had a status change. DVS also allows the Transportation Provider to obtain driving records for any driver enrolled in the DVS program. There is no fee to participate in the DVS program and receive license status notification. If the Transportation Provider chooses to obtain a public driving record, there is a fee. The Transportation Provider must take appropriate action when it receives notice of a license status change, including determining whether the driver continues to meet the Driver Qualifications set forth in this Section IV.A.” Effective on or after December 27, 2021, for drivers not barred from providing transportation to HST Consumers, the Transportation Provider must have a process to disclose to the Broker (and through it MassHealth) any negative driving history, including any traffic violations. H. All drivers and Monitors who work under the provisions of the Transportation Provider Subcontract with an HST Broker shall adhere to the following provisions regarding drug/alcohol testing. All drug and alcohol testing must be conducted by an independent (non- affiliated/off-site) laboratory certified under the National Laboratory Certification Program (NLCP). Transportation Providers are not allowed to collect testing samples or conduct any testing, whether at the Transportation Provider’s facilities or otherwise. Drug testing must be conducted for marijuana, cocaine; opioids (codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone, hydromorphone), amphetamines (amphetamine, methamphetamine, MDMA, MDA) and phencyclidines (PCP), and the results must be verified as “negative”. The Transportation Provider shall submit copies of the results to the Broker. 1. Pre-contact – Prior to being assigned to any work directly or indirectly involving Agency Consumers, under a drug test as described above. 2. Reasonable suspicion - Any driver or monitor who is suspected to be under the influence of alcohol or drugs must be removed immediately from any contact with Agency Consumers and the removal must remain in effect pending the results of a drug/alcohol test. The alcohol test must be conducted within 8 hours of the Incident and the drug test within 32 hours. Positive test results or failure to administer the test within the prescribed time limits will result in the permanent removal of the individuals from any Agency contract work. 3. Post accident - Any driver or Monitor involved in an accident with Agency Consumers on board the vehicle must be removed immediately from any contact with Agency Consumers, and the removal must remain in effect pending the results of a drug/alcohol test. The alcohol test must be conducted within 8 hours of the Incident and the drug test within 32 hours. Positive test results or failure to administer the test within the prescribed time limits will result in the permanent removal of the individuals from any Agency contract work. For this provision, an accident includes, but is not limited to, an occurrence associated with the operation of a vehicle, if as a result: a. An individual dies; or b. An individual suffers bodily injury and immediately receives medical treatment at or away from the scene of the accident; or c. One or more vehicle(s) involved incurs disabling damage and such vehicle or vehicles are transported away from the scene by a tow truck or other vehicle; or d. There has been $1000 or more of property damage.

Appears in 1 contract

Sources: Transportation Broker Services Contract