Post on 03-Feb-2022
OSBIE’s Best Practices Program for
School Board Transportation
Consortiums
The documents contained within this manual are intended for OSBIE member transportation consortiums as a guide to developing a risk management program that
conforms to these guidelines. Where possible, transportation consortiums are encouraged to adapt these guidelines to fit local needs, and to exceed the guidelines
where feasible.
1
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #1 – Operations Risks
Operational risks are those that can occur as the result of the day-to-day operations of any
business. There are ways to manage or minimize these risks and prevent losses to your
organization. When looking at the transportation consortium business, the following
categories of operational risks have been identified and having policies and practices in
place would help minimize these risks.
If in place, these policies will comply with one of the criteria making up Ontario
Transportation Consortiums Best Practices Program.
A. Premises Occupier’s Liability
Transportation Consortiums and School Boards alike have an obligation as the
owners/occupiers of their facilities to meet the standards as set out in the Occupiers
Liability Act. This obligation includes the responsibility for ensuring that the premises
and equipment on the premises are properly maintained and free from hazards for the
safety of visitors – invited or uninvited.
This means that walkways, parking lots, stairs and equipment etc. must be maintained
to a safe standard.
i. Snow removal log books complete and current.
ii. Controlled access, building security (only front door unlocked).
iii. Evidence that maintenance activities are logged (sidewalk and stair repair)
B. Staff hiring/training practices Employees are any organization’s greatest assets. By implementing and following
staff hiring and training practices we are protecting not only our organization but
also, our employees from harm that can occur in the workplace.
i. Hiring policy that promotes qualified and competent staff be hired (example:
references checked)
ii. Regulations under the Education Act
• Documented Criminal Record Checks and Offence Declarations
2
C. Documented response to safety complaints
A safety complaint is a record of a problem experienced by visitor to your premise
(i.e. pothole in parking lot) or a student/parent using your transportation service (i.e. bus
driver conduct).
A documented procedure to receive, record and respond to safety complaints that:
• Obtains sufficient information regarding the subject of complaints;
• Initiating an appropriate and timely response to complaints;
• Creating appropriate documentation regarding complaints, and
• Effectively resolves the complaints.
D. Bus Accident and Student Incident Reporting
A documented procedure to received, record and respond to bus accidents or student
incidents that:
• Outlines the duties of the Transportation Consortium
• Outlines the duties of the Bus Driver/Bus Operator
• Outline the duties of the School Principal (for example: OSBIE incident
reporting)
3
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #2 - Bus Patroller Programs
OSBIE’s liability policy extends coverage for the negligent act of bus patrollers’ while acting
within the scope of their patroller duties. As such, ensuring that the proper documented
safety training occurs in compliance with the patroller program’s (such as Canadian
Automobile Association’s) could be the key in assisting to defend a claim against a school
board or transportation consortium responsible for managing such a program.
i. Policy that defines the patroller program as centralized, consistent and
systematic.
ii. Documented use of Canadian Automobile Association Patroller Program or
equivalent program.
iii. Periodic documented review of lessons and safety instructions for patroller.
a. OSBIE recommends that in addition to the initial training, a review of
lessons and safety instructions be reviewed at least at one other time
during the school year.
4
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #3 – Bus Operator Audits
During a Bus Operator Audit, school bus operations are measured against their
stated maintenance policies set out by the Ministry of Transportation. Vehicles are
also inspected to ensure they are compliant with legislated standards, maintenance
records are complete and driver records and logbooks have been filled out properly.
This process may be done by a third party company reporting to the Transportation
Consortium or internally by an employee of the Transportation Consortium.
OSBIE Best Practices Program would want to ensure that the audit of the bus
operators will report on and provide recommendations for the follow areas:
Safety
A review of Hiring Practices for Bus Operators:
• Review written hiring policies, procedures and practices
• Review driver training prior to them being assigned a unit
• Review driver evaluation procedure and verify if they are followed
• Review policies and procedures re driver “ spot checks”
A review of Driver Meetings:
• Review how often safety meetings are held
• What topics are covered: is attendance recorded?
• Who conducts training and what qualifications do they hold.
• Are outside training sources utilized?
A review of post accident policies and procedures:
• Review written policies on accident review if any.
• Review current accident files.
• Review company’s definition of an accident.
• Review tolerances for accidents and discipline if any.
5
Maintenance
A review of pre-trip documentation and training procedures:
• Driver training concerning “pre-trip” inspections.
• Review of paper trail of pre-trip inspections to what is actually performed.
• Review work orders and follow paper trail to unit files.
• Conduct random visual inspections of a few units i.e.: conduct pre-trip inspections
ourselves.
• Review maintenance schedule against work performed.
Contingency Plans
Review any contingency plans in place concerning:
• Units that won’t start.
• Drivers who report sick.
• When a unit in service breaks down.
6
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #4 – Bus Route Liability
Probably one of the largest areas of risk to your organization is management of the bus
routes and the liability exposure as a result of improper management of these routes.
Having written policies in place for the following:
i. Student drop pick-up/drop-off protocol
ii. Policy in place for designated stops only
iii. Route safety – policy for same side drop-off/pick-up, not stopping on blind
hills, busy intersections etc.
iv. Communication procedure for route changes/stop changes
v. Procedures for JK/SK drop-off (return to school policy)
vi. Centralized procedure to manage one-time riders (going to a friend’s house)
vii. Route Mapping Software in use
7
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #5 – Bus Operator Insurance Contracts
One area through which transportation consortiums can reduce their exposure to the risk of
lawsuits is to ensure that contracted vehicles operating on their behalf are adequately
insured.
Elements of the contract should include:
The Bus Operator shall indemnify and hold harmless the Consortium and its Member
School Boards – review copy of this indemnity and hold harmless agreement.
Evidence of Insurance
Evidence in the form of a certified copy of an insurance policy, issued by the underwriting
company, providing at least the minimum insurance coverage outlined below.
Automobile Insurance
The Operator shall maintain, in respect of each motor vehicle used for transporting pupils,
automobile insurance with an insurance company licensed to do business in the Province of
Ontario and Dominion of Canada insuring the Operator for public liability, passenger
hazard and property damage, all inclusive, with coverage per incident as follows:
$ 1,000,000.00 for a vehicle with a seating capacity of not more than 7 persons, and
$ 5,000,000.00 for a vehicle with a seating capacity of 8-12 persons, and
$ 8,000,000.00 for a vehicle with a seating capacity of 13 or more persons
General Liability Insurance
The Operator shall provide comprehensive general liability insurance in an amount of not
less than $5,000,000.00, inclusive, and such policy shall name the Consortium and its
Member School Boards as Additional Insured. A certificate of Insurance, showing that the
Consortium and its Member School Boards have been added as Additional Insured is
required.
8
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #6a – Taxi Contracts and Paid Parent Drivers
Taxis operating on behalf of the Consortium can also pose a similar risk exposure as bus
operators. Ensuring that taxis are adequately insured, have safe vehicles, licensed drivers
and driver selection policies in place will comply with one of the criteria making up Ontario
Transportation Consortiums Best Practices Program
Elements of the contract should include:
The Taxi owner/operator shall indemnify and hold harmless the Consortium and its
Member School Boards.
Evidence of Insurance
Evidence in the form of a certified copy of an insurance policy, issued by the underwriting
company, providing at least the minimum insurance coverage outlined below.
Automobile Insurance Coverage
Proof that each taxi has a minimum $ 1,000,000.00 of automobile insurance
General Liability Insurance Coverage
The Taxi owner/operator shall provide comprehensive general liability insurance in
an amount of not less than $2,000,000.00, inclusive, and such policy shall name the
Consortium and its Member School Boards as Additional Insured. A certificate of
Insurance, showing that the Consortium and its Member School Boards have been
added as Additional Insured is required.
Taxi agreements/policies in place regarding:
i. Vehicle safety – regular maintenance records
ii. Driver licensing – current driver abstracts
iii. Driver selection – criminal records checks
9
Condition #6b – Taxi Contracts and Paid Parent Drivers
By using OSBIE’s Paid Parent Driver Form (sample provided on next page) or
similar document paid parent drivers can be made aware of the insurance, licensing
and vehicle safety requirements when transporting students on behalf of the
Transportation Consortium. In addition, a contact for services should be signed and
kept by the Transportation Consortium in order to receive full compliance for this
section of the Best Practices Program.
The Paid Parent Driver Form outlines the following information:
• Valid Driver’s License
• Mechanically fit vehicle
• Valid third party liability automobile insurance as required under Ontario
Legislation
• Prompt written notice of accident arising out of the transport of students on
behalf of the transportation consortium.
• Details about the excess automobile liability insurance carried by the
transportation consortium.
• Damage to parent’s vehicle, cost of deductible or premium adjustment as a
result of an accident while transporting students on behalf of the
transportation consortium is NOT covered by the excess automobile liability
insurance carried by the transportation consortium.
10
PAID PARENT DRIVER –
AUTHORIZATION TO TRANSPORT STUDENTS
This will authorize ____________________________________________________________
(Name of driver)
The ____________________________Transportation Consortium will pay parents to drive their children
to and from school in exceptional circumstances.
School(s):__________________________________________________________________
3. Vehicle Information: MAKE:_______________ MODEL:_____________________
YEAR:_____ LICENSE #: _____________
NOTE: ALL DRIVERS ARE ADVISED THAT, IN ORDER TO BRING INTO EFFECT THE CONSORTIUM’S EXCESS
LIABILITY INSURANCE, THEY MUST:
(A) Use a licensed automobile which carries valid automobile Third Party Liability insurance as required
under Ontario legislation;
(B) Provide the consortium with prompt written notice, with particulars, of any accident arising out of
the use of a licensed automobile during consortium related business;
(C) Be aware that the consortium’s Excess Automobile Liability insurance comes into effect only after
the vehicle owners primary Third Party Liability insurance limit has been exhausted;
(D) Be aware that any damage to the paid parent’s vehicle, the cost of any insurance deductible or
premium adjustment as the result of an accident while the vehicle is being used on approved business is
NOT covered by the transportation consortium’s Excess Automobile Liability insurance.
DECLARATION TO BE SIGNED BY DRIVER
- I declare that I hold an unrestricted driver’s license and am authorized to drive in Ontario, and my
vehicle is insured by a valid automobile liability insurance policy as required by Ontario law.
- I declare that the vehicle described above is mechanically fit and that there are seat belts in working
condition for all passengers.
________________________________ ___________________________________
Signature Date
NOTE: Operating a vehicle for compensation may affect vehicle/driver licensing
requirements or auto insurance premiums. Vehicle owners should contact the
Ministry of Transportation for details, and should contact their insurer to advise of
this change
11
SUMMARY OF INSURANCE
(1) Paid Parent Drivers
Ontario legislation makes automobile insurance compulsory in the Province of Ontario. The
same legislation makes the owner’s insurance primary coverage in the event of an accident - in
other words, the insurance carried on the vehicle responds first.
If a vehicle which is not owned by the transportation consortium is being operated by a
volunteer, paid parent driver or any other employee for approved business activities, the
transportation consortium’s Non-owned Automobile Insurance endorsement will respond to
Third Party Liability claims in excess of the owner’s insurance limit up to a total combined limit
as stated in the Non- owned Auto policy.
There is no coverage provided by the transportation consortium’s insurance for damage to
volunteer’s, paid parent driver’s or employee’s vehicles while they are being operated for the
transportation consortium’s activities.
According to Provincial legislation, passengers who are injured would recover Accident Benefits
coverage from their own or a parent’s automobile policy. In the absence of a personal or family
automobile policy, the passenger would then be eligible to recover benefits from the insurance
policy covering the vehicle in which they were riding.
(2) Personal Automobile Insurance Coverage
For the personal protection of paid parent drivers, it is recommended that drivers carry a
minimum of $1 million of Third Party Automobile Liability insurance. Volunteers, paid parents
drivers and employees who use their personal vehicles for transporting students should advise
their insurance carrier.
12
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #7 – Staff fidelity exposure
The following risk management recommendations can reduce any organization’s
exposure to fraudulent actions by corporate/administrative employees:
i. Cash management process – standard cash management practices in
place (OASBO Finance Protocol).
ii. Annual finance audit
iii. Segregation of duties – dual signing authority on cheques (over
$5,000), disbursements, electronic funds transfers; separate duties
between staff approving payments and staff producing cheques or
enacting the transaction;
iv. Tendering protocol/policy in place (OASBO Transportation Committee
Contract Template)
13
OSBIE’s Best Practices Program for
School Board Transportation Consortiums
Condition #8 – Business Continuity/ERP
An appropriate Emergency Response Plan (ERP) is essential for all organizations.
Given the nature of school bus operations, it is foreseeable that emergency
situations will occur from time to time, and your operation’s ERP may be the only
thing separating disaster from inconvenience for your organization.
The Transportation Consortium’s business continuity/ERP plan should address two
areas of loss:
Service interruptions from a contracted supplier and a business continuity plan of
the consortium’s operations in the event of emergency.
A. Suppliers - back-up route coverage i. Spare drivers, resource pool
ii. Reciprocal agreement with other contractors
B. Emergency
i. Early dismissal policy
ii. Individual bus breakdowns/delays
iii. Cancellation procedure
iv. Inclement weather policy