Mind The Road - When were your employees' cars last serviced?
You don't know? Well, you are not alone. But you should.
Health and safety legislation extends to travelling on company business. And not just 'Company Cars'. It also includes your employees' own cars if these are being used in relation to work. In a nutshell, if your employee is travelling on company business, the vehicle in which they are travelling also becomes their workplace.
The Royal Society for the Prevention of Accidents suggests that between 25 and 33 per cent of all road deaths in the UK involve people driving on company business, and a study conducted by National Car Rental showed that 62 per cent of employers make no checks on employees' private vehicles.
The Crime Prosecution Service (CPS) states:
'Where death has resulted from a road traffic accident caused by a defective vehicle you may need to consider whether the company, through one of its controlling officers, was responsible for any lack of maintenance of the vehicle concerned.'
Even if a corporate manslaughter charge doesn't come your way, then the Health and Safety Executive might still decide to prosecute if they believe any accident is caused partly or wholly by the negligence of the Company.
Full guidance on the what is expected of employers is in the publication Driving at Work - Managing Work Related Raod Safety -
http://www.hse.gov.uk/pubns/indg382.pdf
. As the guidance makes clear, s
ome employers believe, incorrectly, that provided they comply with certain road traffic law requirements, eg company vehicles have a valid MOT certificate, and that drivers hold a valid licence, this is enough to ensure the safety of their employees, and others, when they are on the road. However, health and safety law applies to on-the-road work activities as to all work activities, and the risks should be effectively managed within a health and
safety management system.
The publication contains around 100 questions the HSE suggests employers should be asking themselves. Examples include:
Do you arrange for drivers to be trained giving priority to those at highest risk, eg those with high annual mileage, poor accident records, or young drivers?
Do you arrange for drivers to be trained giving priority to those at highest risk, eg those with high annual mileage, poor accident records, or young drivers?
The publication contains around 100 questions the HSE suggests employers should be asking themselves. Examples include:
Do you arrange for drivers to be trained giving priority to those at highest risk, eg those with high annual mileage, poor accident records, or young drivers?
Do you arrange for drivers to be trained giving priority to those at highest risk, eg those with high annual mileage, poor accident records, or young drivers?
Do drivers need to know how to carry out routine safety checks such as those on lights, tyres and wheel fixings?
Are drivers aware of the dangers of fatigue?
Do drivers know how to use anti-lock brakes (ABS) properly?
Have you told staff that they should not drive, or undertake other duties, while taking a
course of medicine that might impair their judgement? In cases of doubt they should seek the view of their GP.
Do you ensure that privately owned vehicles are
not
used for work purposes unless they are insured for business use and, where the vehicle is over three years old, they have a valid MOT certificate?
Is planned/preventative maintenance carried out in accordance with manufacturers' recommendations?
Have you taken steps to stop employees from driving if they feel sleepy even if this might upset delivery schedules?
The message is clear: whether you offer a company car, car allowance, or simply Inland Revenue mileage rates for the odd journey, companies are increasingly responsible for ensuring that vehicles are also in good working order, well maintained and properly insured.
Do you ensure that privately owned vehicles are not used for work purposes unless they are insured for business use and, where the vehicle is over three years old, they have a valid MOT certificate?
Is planned/preventative maintenance carried out in accordance with manufacturers' recommendations?
Have you taken steps to stop employees from driving if they feel sleepy even if this might upset delivery schedules?
The message is clear: whether you offer a company car, car allowance, or simply Inland Revenue mileage rates for the odd journey, companies are increasingly responsible for ensuring that vehicles are also in good working order, well maintained and properly insured.
So next time a helpful employee offers to drop that cheque into the bank at lunch time, check their tax, MOT, service record, driving license and business insurance first!
For more information on what you need to do as an employer, contact Laura on 01494 451681 or email laura@hradvantage.co.uk .
April/May 2007
