DENR Intranet
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DENR Loss Prevention Program Authority for this program is established by Louisiana Revised Statute 39:1527-44 In addition, the Division of Administration, Office of Risk Management Rules are published in Louisiana Register, Vol. 14, No. 6, June 20, 1988 and Vol. 15, No. 2, February 20, 1989. |
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DENR Loss Prevention Inquiries
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| Definitions |
Accident - Any incident which results (or could have resulted) in death, personal injury, or property damage, regardless of who was injured, what was damaged, the extent of the damage, where it occurred, or who was responsible.
Agency Head - The highest authority within a subsidiary of a department.
Associated Equipment - Any system, part or component of a car, truck or boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair or improvement of such system, part or component; any accessory or equipment for, or appurtenance to, a car, truck or boat; any safety article, accessory, or equipment, excluding radio equipment.
Boating Accident - A collision, accident, or other casualty involving an undocumented vessel. A vessel is considered to be involved in a boating accident whenever an incident results in damage by or to the vessel or its equipment, injury or loss of life to any person, or the disappearance of any person from on board under circumstances that indicate the possibility of death or injury. A boating accident includes, but is not limited to capsizing, collision, foundering, grounding, flooding, fire, explosion and the disappearance of a vehicle. other than by theft.
Careless Vessel Operation - Operation of any water craft in a careless or heedless manner so as to be grossly indifferent to the person or property of other persons or at a rate of speed greater than will permit exercise of reasonable care to bring the water craft to a stop within the assured clear distance ahead.
CDL - Commercial Driver's License as defined by the Federal Department of Transportation.
Civil Offense - An illegal action for which the statute does not declare imprisonment and does not specifically direct arrest or specifically indicate that the violation is a crime.
Classes of Motorboats - Class A -> Less than 16 feet in length; Class 1 -> 16 feet to less than 26 feet length; Class 2 -> 26 feet to less than 40 feet in length; Class 3 -> 40 feet to more than 65 feet in length.
Controlled Substance - A drug, chemical substance, or immediate precursor, in Schedules I through V of R.S. 40:964 or Section 202 of the Controlled Substances Act (21 U.S.C. 812).
Department Head - The highest authority within a branch of State Government.
Designee - Individual specifically authorized by a superior to perform a duty or function.
Designer (Synthetic) Drugs - Chemical substances made (usually in clandestine laboratories) by altering the molecular structure of drugs (legal or illegal) to create a drug that is not explicitly banned by law.Documented Vessel - (46 CFR.67.01) A vehicle for which a valid Certificate of Documentation is outstanding. To be documented, a U.S. Yacht must be 5 net tons or more.
Driver Authorization & History Form - The form maintained by the agency on each employee who drives on state business and showing when an employee was authorized to drive, the type of vehicle the employee may use, and information on the employee's driving record.
Driver's License - A license issued by the State authority authorizing the designated person to drive a vehicle.
Employee - Classified, unclassified, student employees, student interns, or any other person having an employment relationship with an agency, regardless of the appointment type (e.g. full time, part time, temporary, restricted, etc.).
Float Plan - Verbal or written communication filed with other DENR personnel which (based on information available) details anticipated water route, destination, and times of departure and return.
Grounding - Running a vessel aground, striking or pounding upon rocks, reefs, shoals, or the bottom.
High Risk Driver - Individuals having one or more convictions, guilty pleas and/or nolo contendere pleas for vehicle violations; or individuals having a single conviction, guilty plea or nolo contendere plea for operating a vehicle while intoxicated, careless operation, reckless operation, negligent homicide, or similar violation including any civil case for which negligence has been proven within a one-year period; or individuals determined by agency policy to be high risk vessel operators.
High Risk Vessel Operator - Individuals having one or more convictions, guilty pleas and/or nolo contendere pleas for vehicle violations; or individuals having a single conviction, guilty plea or nolo contendere plea for operating a vehicle while intoxicated, careless operation, reckless operation, negligent homicide, interference with navigation or similar violation including any civil case for which negligence has been proven within a one-year period; or individuals determined by agency policy to be high risk motor drivers.
Illegal Drug - Any Drug which is not legally obtainable or which has not been legally obtained, including prescribed drugs not legally obtained, prescribed drugs not being used for prescribed purposes, and prescribed drugs used by one other than the person for whom prescribed.
Interference with Navigation - Operation of any water craft in a manner that unreasonably or unnecessarily interferes with other water craft or with the free and proper navigation of the waterways.
Intoxication - Under the influence of alcohol, narcotics, drugs, barbiturates or marijuana. It is unlawful for the owner of any vehicle, water craft, or aircraft (or any person having such in their charge or control) to authorize or knowingly permit the same to be operated by any person who is intoxicated or otherwise impaired.
Motorboat - Any vehicle 65 feet in length or less, which is propelled by machinery, including steam, except for tug boats and tow boats.
Negligent Homicide - Operation of any car, truck, aircraft, or water craft at an immoderate rate of speed or in a careless or negligent manner causing the death of another.
Negligent Operation - The failure to exercise that degree of care necessary under the circumstances to prevent the endangering of life, limb or property of any person.
Non-driver - An individual whose normal job duties do not require him/her to drive in the course and scope of his/her employment and does not normally drive even on an irregular or infrequent basis. May drive in an emergency situation.
Occasional Driver - An individual whose normal job duty does not require him/her to drive in the course and scope of his/her employment. May drive only on an infrequent basis.
Operator Driver Record (ODR) - The record, maintained by the Office of Motor Vehicles on each driver in the State of Louisiana, containing a history of driver violations and accidents.
Vehicle Accident - Any incident in which a vehicle comes in contact with another vehicle, person, object, or animal, which results in death, personal injury, or property damage, regardless of who was injured, what was damaged or to what extent, where it occurred or who was responsible.
Vessel Passenger - Any person other than the master and members of the crew or other persons employed or engaged in any capacity on board a vessel in the business of that vessel.
Reasonable Suspicion - Belief based on reliable, objective and articulable facts derived from direct observation of specific physical, behavioral, odorous presence, or performance indicators, and being of sufficient import and quantity to lead a prudent person to suspect that an employee is in violation of a policy.
Reckless Operation - Operation of any vehicle, vessel, aircraft, or other equipment, in such a manner as to endanger the life or limb, or damage the property, of any person.
Regular Driver - An individual whose normal job duty requires him/her to drive in the course and scope of his/her employment on a frequent basis (such as once a week).
State Vehicle - Any vehicle owned, leased and/or rented by the State of Louisiana. Includes any privately owned vehicle used in the course and scope of employment.
State Vessel - Any vessel owned, leased and/or rented by the State of Louisiana. Includes any privately owned vessel used in the course and scope of employment. Use of any such private vessel must be authorized in writing, in advance and the vessel must be properly licensed, certified and properly insured. The only exception to be when a private vessel is commandeered in emergency situations.
Transportation Coordinator - Individual appointed by the department as required by Title 34.
Undocumented Vessel - Any vessel which is not required to have and does not have a valid marine document.
Under the Influence - Affected in any detectable manner by a drug, chemical substance, or combination of drug(s) and/or chemical substance(s). The symptoms or influence are not confined to that consistent with misbehavior, nor to obvious impairment of mental or physical ability (such as slurred speech or difficulty maintaining balance). A determination of influence can be established by a professional opinion or scientifically valid test.
Use - To operate, drive, navigate, fly or employ.
Vehicle - Any mode or transportation other than a water vessels and aircraft
Vessel - Every description of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation.
Water Vessel Operator Record - The record maintained by the Department of Wildlife and Fisheries Enforcement Division on each operator in the State of Louisiana containing history of boat violations and accidents.
Workplace - Any location on agency property including all property, offices and facilities (including all vehicles, water craft, aircraft, and equipment ) whether owned, leased or otherwise used by the agency (or by an employee of the agency on behalf of the agency) in the conduct of its business. This includes any location from which an individual conducts agency business, while such business is being conducted.