Risk Management

Managing pharmaceutical and medical device representatives

medical-sales-rep-driving

Driving is a crucial part of a pharmaceutical and medical device representative's job, which makes prioritizing fleet safety essential. Since driving is one of the most hazardous activities employees undertake, and many are on the road daily, focusing on fleet safety is vital. By doing so, these representatives can protect their own well-being and ensure the secure and efficient delivery of pharmaceutical and medical device products. Adopting best practices in fleet safety greatly enhances the success and safety of their operations, promoting a culture of responsibility and care within the industry.

Importance of safety

Like many professionals, pharmaceutical and medical device sales representatives juggle multiple responsibilities—from making multiple sales calls, attending meetings, or participating in cases at various hospitals. While driving is an essential part of their role, it is often viewed as secondary to their primary sales duties.

A study published in Occupational Medicine found that pharmaceutical sales representatives who drive company vehicles are 49% more likely to be involved in a crash than the general driving population. This elevated risk is primarily attributed to the higher-than-average miles driven and the tendency to multitask while driving, often due to tight schedules and performance pressures.

Although time constraints play a role, the study concluded that unsafe driver behaviors were the leading cause of most crashes. It also highlighted that targeted training programs focused on improving driving habits can significantly reduce crash rates.

These behavior-based interventions not only enhance driver safety but also help protect company resources and reduce liability.

Pharmaceutical and medical device representatives play a critical role in the success of a business. Protecting the health and safety of drivers is both the right thing to do and vital to keeping a business operational. The Occupational Safety and Health Administration (OSHA) has guidelines for employers to reduce motor vehicle crashes and set up a safe driving program to keep employees safe on the road. Below are best practices that can help drivers stay safe and minimize the potential for loss.

Driver qualifications

Annual motor vehicle record (MVR) checks are a crucial first step. Identifying drivers with suspended, expired, restricted, or revoked licenses is essential to mitigating undue company liability risk. There are times when the best representative is not the best driver. A company should:

  • Check MVR reports of all drivers before hiring and at least annually thereafter.

  • Develop criteria for qualifying and disqualifying drivers and implement clear policies for removing high-risk drivers from the road.

  • Have a policy on driving that applies to all employees who operate a vehicle for company business, whether the vehicle is company-owned, employee-owned, borrowed, leased, or rented.

  • Ensure drivers are sufficiently fit and healthy to drive safely and not put themselves or others at risk.

Driver safety

Requiring and providing driver training can teach representatives safe, effective driving techniques, even in stressful traffic situations or during severe weather. No amount of training can change the conditions of the roads that representatives travel or the actions of other drivers. Still, it can help them better anticipate what could happen and improve their responses. Driver training can take many forms, including classroom, online, hands- on, behind-the-wheel training, and initial, refresher, and remedial training. When instructing or providing training, consider the following:

  • Create clear, comprehensive, and enforceable road safety policies and communicate them to all drivers. Road safety policies should address aggressive driving, distracted driving, speeding, alcohol and other drug use, seat belt use, and fatigued driving.

  • Train all drivers in defensive driving techniques—aggressive driving may speed arrival to an appointment, but it’s not worth the risk.

  • Prioritize those with the highest risk, such as youthful drivers, those with high annual mileage, poor incident records, or elderly drivers.

  • Document the training provided for each driver, including a signed driver acknowledgment form to record policy review sessions and driver training sessions.

  • Ensure drivers have clear instructions on how to keep themselves safe while on the road.

  • Consider implementing an inclement weather policy that addresses poor weather conditions, such as snow, high winds, etc.

  • Verify that vehicles—whether belonging to the business or the driver—are in safe operating condition. Vehicles should be reliable, and headlights, signals, windshield wipers, and other components should be in proper working order.

  • Confirm that vehicles are being inspected and maintained routinely, with documentation per the manufacturer’s recommended preventative maintenance intervals.

  • Provide training and instructions in the event of a crash.

According to the National Safety Council, drivers are three times more likely to be in a crash if they are fatigued.²

Distracted driving

The combination of increased time behind the wheel and distractions on the road can have fatal consequences. It is the company’s responsibility to provide guidelines to avoid distracted driving. Best practices for cell phone use while driving include banning the use of handheld and hands-free devices. The Network of Employers for Traffic Safety and Chubb have co-branded a Comprehensive Guide to Road Safety that addresses managing driver fatigue. The National Safety Council has a free cell phone kit that can help employers reduce crash risk from cell phone-related distracted driving. Below are tips to pass along to drivers to help avoid distractions and stay safe on the road:

  • If driving an unfamiliar vehicle, spend a few minutes to acquaint with all of the controls, adjust the seat and mirrors, and pre-set the climate control and entertainment options.

  • Never talk, text, or send emails while driving. Texting while driving can be more dangerous than driving while impaired.

  • Consider instituting a total cell phone ban, including Bluetooth use, due to the severity of cognitive distractions.

  • Postpone intense, emotional, or complicated cell phone calls until the vehicle is stopped.

  • Leave plenty of time to complete all grooming before leaving home.

  • If lost, stop where it is safe and legal to do so and ask for directions.

  • Maintain a safe following distance at all times. Use the three-second rule during normal driving conditions and the four-second rule during hazardous or challenging driving conditions.

Driver fatigue

According to the National Safety Council, drivers are three times more likely to be in a crash if fatigued.1 Here are some tips to prevent driver fatigue:

  • Encourage drivers to get at least seven hours of sleep per night. According to the American Academy of Sleep Medicine and the Sleep Research Society, adults who sleep less than six hours nightly are more likely to fall asleep while driving.3

  • Educate drivers to look for signs of fatigue while on the road. In addition to drowsiness and yawning, signs of fatigue include drifting onto the shoulder or rumble strip, missing turns, and “highway hypnosis” (forgetting the miles that have just been driven).

  • Urge drivers to pull over and take a break when fatigue sets in.

Driving while impaired

Some of the largest auto collisions involving pharmaceutical and medical device representatives have occurred after consuming alcohol or other drugs. Many states have lowered the legal alcohol limit to the point where more than one drink can put a driver at risk. A simple business lunch or dinner can become the catalyst for severe liability.

Likewise, while many states have implemented laws for the legal use of medical and recreational cannabis, driving under the influence of these substances is also considered illegal and will be a major consideration in an auto collision.

Therefore, strict policies need to be created, implemented, and enforced regarding impaired driving. These policies should include over-the-counter medications, Cannabidiol (CBD) use, alcohol, and other drugs. They need to be clearly communicated to representatives, regardless of whether driving company- provided vehicles or personal vehicles.

Non-owned auto

A non-owned auto includes any automobile leased, rented, hired, or borrowed by the employer that is used in connection with the business. Employees driving their own vehicles on business would be considered non-owned auto drivers.

Don’t let this often hidden, overlooked, or seemingly inconsequential issue impact the bottom line. Evaluate non- owned auto exposure based on operations and the expectation of employees using personal vehicles for company business. Develop a plan to address the identified risks and implement a formal policy to mitigate these risks.

Establish a driver-authorization program requiring each person driving a non-owned vehicle for company business to be authorized by management or a designated responsible person. This program must follow established company controls, which should direct the driver to:

  • Provide a valid driver’s license for the type of vehicle to be operated and proof of registration in the employee’s name.

  • Have an acceptable driving record as determined through an initial review of the driver’s MVR and an annual review thereafter.

  • Follow safe driving policies and driver training courses required by the company.

  • Provide proof of insurance by supplying the company with a current certificate of auto liability insurance. Check with the agent/broker on appropriate limits.

  • Report all incidents to the employer when they occur while the vehicle is used for company purposes.

Incident reporting, investigation, & analysis

It is critical to establish and enforce a crash reporting and investigation process. All crashes, regardless of severity, should be reported to the driver’s supervisor as soon as possible.

Procedures for what to do in the event of a crash should clearly guide the driver through responsibilities in a crash situation. All crashes should be investigated and analyzed to determine their root cause and whether or not they were preventable. Post-crash driver coaching is an effective way for a supervisor to follow up with a driver involved in a crash to help avoid future incidents. A progressive disciplinary strategy should be determined if a driver begins to develop a pattern of crashes, repeat moving violations, or preventable crashes. The vehicle crash rate (# of crashes X 1,000,000 / total miles driven for an entire fleet over 12 months) is a great benchmarking tool that is critical for measuring a fleet safety program.

Use of telematics and other equipment

Telematics is the combination of telecommunications and informatics, including global positioning system capabilities. Telematics data can be used to create measurable goals and incentives for drivers. Telematics (when used to monitor drivers’ behavior), combined with the use of artificial intelligence (AI) and dash cams, can effectively monitor speeding, acceleration, harsh braking, hard cornering, fatigue driving, and distractions.

According to Behavior AI, an AI system can prevent up to 90% of crashes.4 Many AI developers suggest that the use of AI can help predict and prevent future crashes. Real-time alerts, communication, and coaching can be effective tools to correct poor driving behaviors. A best practice would be to review data daily, and coaching should be implemented immediately.

Learn more & connect

For more information on protecting your fleet, contact your local risk engineer, visit the Chubb Risk Consulting Library, or check out www.chubb.com/riskconsulting.

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