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Legislation
Smoking Ban
The 1st July 2007 sees the smoking ban in the workplace including company vehicles and in all enclosed public places, come into force in England. This law is already in place in Wales, Scotland and Ireland.
As this includes company transport, no smoking signs must be clearly displayed in all passenger compartments of the following vehicles:
- Enclosed company vehicles – convertibles with the roof down are exempt
- Company vehicles used for transporting the public – taxis, buses etc
- Company vehicles used by more than 1 employee – vans, pool cars etc
- Private vehicles used for business purposes with more than 1 person on board
- Hired vehicles
The signs must be a minimum of 70mm diameter. Signs can be downloaded here and printed onto stickers.
Signs can be downloaded here and printed onto stickers.
You can also download a compliant sign for your offices from here.
As well as ensuring signs are displayed, you should:
- Communicate changes to ALL staff
- Update policies and handbooks and make all employees who have permission to drive on company business sign, agreeing they have read and understood the changes
- Have a written disciplinary procedure for non compliance
Lack of compliance could result in the following fines:
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Paid in 15 days of receipt |
Paid in 15 – 29 days of receipt |
Court fine |
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Failing to display correct signage (occupier or manager of the premises) |
£150 |
£200 |
Up to £1000 |
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Failing to prevent smoking in a smoke free place (manager of the smoke free premises or vehicle) |
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Up to £2500 |
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Smoking in a smoke free place (smoker) |
£30 |
£50 |
Up to £200 |
Road Safety Act 2006
Additional legislation coming into force in 2007 under the Road Safety Act 2006 includes:
- Increased fines and penalty points for using a hand held mobile phone whilst driving - £60 fine & 3 penalty points
- Increased fines and custodial sentences for causing death by careless or inconsiderate driving
- Increased fines and custodial sentences for causing death whilst unlicensed, disqualified or uninsured
- Fixed fines for being the registered keeper of an uninsured vehicle and the potential to have the vehicle removed and disposed of
- Graduated penalty points for speeding offences and the ability to enforce retraining of persistent speeders
- Tougher penalties for repeat drink driving offenders including retaking of driving tests and the implementation of alcohol ignition interlocks
- Tougher treatment of foreign drivers who evade penalties for breaking UK law
- Improved training and assessment for young and inexperienced drivers, helping to improve standards
The WORK RELATED ROAD SAFETY TASK GROUP
The Work-Related Road Safety Task Group (WRRSTG) was set up in 2000 by the Government and the Health & Safety Executive. The Groups’ remit was to recommend measures to reduce at-work road traffic incidents due to the government’s findings that in 2000: -
320,283 people were involved in accidents on the road
3,400 were killed
40,000 injured
Estimated 33% of the total incidents involved at-work drivers
The WWRSTG has stated that no new legislation is necessary to prosecute companies in the event of an accident that occurs “at work”. They have recommended that the Health and Safety laws that are currently enforced should be more rigorously applied to business journeys and that the police should pursue employers who fail to meet their Health and Safety responsibilities.
Health and Safety at Work Act 1974
Since 1974, employers have had a duty of care to ensure the safety of their employees on work-related journeys which is enforced through the current Health and Safety at Work Act. It does not matter if the driver is a contractor, employed full time, temporary, driving their own vehicle or company vehicle for business, their safety is still the responsibility of the employer.
Duty of Care
For companies to comply with their duty of care obligations they should:
• have a comprehensive road safety policy supported by management in writing
• have road safety management procedures in place such as risk management
• ensure employees are given information and training to be safe on the road
• regularly audit the safety of journeys and update policies/procedures if new risks identified
Corporate Manslaughter
Examples that could lead to criminal conviction:-
• Indifference to obvious injury risk (no preventative check)
• Appreciation of risk and determination to run the risk (allow vehicle with known defect to be used)
• Appreciation of risk but negligence in attempt to avoid it (bodged repair of defect)
• Inattention or failure to avoid serious risk (failure to ensure drivers hours rules compliance)
The new bill enlarges the possibility of being prosecuted as the justice system is no longer just looking for the individual with the “guilty mind” within an organisation but is looking at the safety culture inherent throughout a company.
For further details on existing laws click here
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