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| Summary |
| Introduction |
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Driving at work - Managing work
related road safety
What are your responsibilities?
What do you need to know?
Companies can no longer take the risk
of ignoring their responsibilities with
regard to managing the risks
associated with 'driving at work'. Many
employers incorrectly assume that
compliance with road traffic law
requirements is enough to ensure the
safety of their employees, and others,
when they are on the road.
What is the current legislation?
The Health and Safety at Work Act of
1974 requires employers to ensure, as
far as is reasonably practicable, the
health and safety of employees while
at work.
Under the Management of Health and
Safety at Work Regulations 1992,
amended in 1999, employers have a
responsibility to manage health and
safety effectively. Employers must
carry out an assessment of the risks to
the health and safety of their
employees while they are at work, and
to other people who may be affected
by their work activities. This includes
work-related driving activities.
Employees driving on company
business are considered to be
undertaking a work activity and the
vehicle they are driving, regardless of
ownership, is regarded as a place of
work.
The Health and Safety
Commission
recently issued a series of guidelines
covering the employer's responsibility
towards the employee. These included
the recommendation that every
company appoint a director to look
after health and safety - including
driving at work.
Health and Safety law does not apply
to commuting, unless the employee is
travelling from their home to a location
for business purposes, which is not
their usual place of work.
Why is there a spotlight on this
issue?
The Government has clearly indicated
that it intends to pursue a policy of
reducing road traffic accidents and has
set tough targets. Research has
confirmed that individuals driving on
company business are more likely than
other road users to be involved in an
accident resulting in death or serious
injury. Therefore there is an increasing
focus by the authorities on work
related driving. Existing Health and
Safety legislation is now being actively
used in a bid to reduce the accident
toll. Companies are now almost certain
to be investigated by the police and
HSE in the wake of a serious road
traffic accident.
Don’t fall into the trap whereby you feel safe
on the grounds that you cannot be expected
to know what each and every driver is up to
whilst on company business
Employers should have a safety
management system for driving at
work just as they would for any other
work related activity. This should
include:
• Comprehensive road safety
policies supported by top
management.
• Road safety management
procedures, including risk
assessments for both drivers
and specific driving tasks.
• Maintenance and review of
accident statistics.
Identification of common trends
and risks.
• Implementation of safe
practices that eradicate or
minimise identified driving
risks.
• Ensuring managers understand
their role and responsibilities
for managing road risk and are
able to apply company policy.
• Ensuring drivers are given
relevant information, training
and supervision to be safe on
the road.
• Regularly auditing the safety of
journeys and amending policies
and procedures accordingly if
new risks are identified.
Does this include the use of
private vehicles?
Ownership of the vehicle is irrelevant.
Companies have the same liability for
individuals who drive their own
vehicles on company business as those
who drive company owned fleet
vehicles. Simply abandoning the
traditional company car in favour of
cash for car alternatives does not
remove or reduce duty of care.
In some respects the risks associated
with the use of privately owned
vehicles are greater. This is because
the employer has less control over
things like maintenance, tyres and
suitability of the vehicle for the task.
The following sections look at different
parts of the applicable legislation and
how it may affect your company and
your legal duty to your employees and
other road users.
An additional worrying trend is that
relatives of employees killed whilst
driving on company business are
bringing civil cases against the employer |
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