Driver Risk Management - Existing Laws

The Health & Safety at Work Act of 1974 requires the employer to ensure, as far as reasonably practicable, the health & safety of employees (full or part time) whilst at work. This includes work related journeys and covers all drivers whether they are in company vehicles, using their own vehicles for business use, temporary drivers or freelance, agency or contract workers.

Duty of Care comes under the health & safety at work act. For a business to comply with this legislation they should:

. Have a comprehensive, regularly updated, road safety policy supported by management
. Have road safety management procedures such as risk assessments in place and implement safe practice to minimise identified risks
. Regularly audit journeys and amend documentation when new risks are identified
. Make sure all staff are given training and relevant information to ensure they are safe on the road

The Management of Health and Safety at Work Regulations 1992 (updated in 1999) state you have a responsibility to carry out assessments of risk to the health & safety of employees whilst they are at work and to the people who may be affected by their work activities. Driving on company business constitutes a work activity regardless of who owns the vehicle.

The above laws do not apply to commuting unless the journey being taken is for business purposes but not the employees' usual place of work.

The Association of Chief Police Officers has produced a 'Road Death Investigation Manual' which is used as a guide to police officers when investigating a fatal or serious injury accident. It considers 4 basic ideas:

. Criminal offences may be committed by companies
. There may be considerations to where any alleged liability or culpability may lie
. There will be occasions where working regimes, illegal or dangerous practices or negligence has contributed to death
. There may be considerations as to the liability of corporate bodies and or personal liabilities of officers within those bodies

All road deaths are now investigated as if they are unlawful killings and the police will look for the following:

. Why was the vehicle at the scene?
. What is the mechanical condition of the vehicle?
. What is the physical condition of the driver (signs of fatigue etc)
. Has the driver got the correct licence, insurance etc

If the police cannot get satisfactory answers to the above 4 questions they will begin to look at:

. Determining the work regime
. Identifying the major policy makers
. Identifying the policy implementers
. Identifying the health and safety audit

If the police believe adequate duty of care has not been taken, they will forward evidence to the Health & Safety Executive who will bring prosecution on the company involved.

Working Time Regulations 1998 (updated 2005) are EU regulations excluding workers from some industry sectors. Since 1998 there have been a number of high profile incidents such as the 2001 Selby rail crash which have highlighted the dangers of driving when tired. You should monitor all drivers working hours on a weekly or monthly basis to ensure they are not working more than 48 hours per week when averaged over a 17 week rolling period.

Other Applicable Legislation

The Management of Health & Safety at Work
The Provision and Use of Work Equipment 1992
The Road Traffic Act
Road Vehicle (Construction & Use) Regulations
The Human Rights Act
Transport Act 2000
Hand Held Mobile Phone Legislation
Corporate Manslaughter
Employment Act
Disabilities Act
Equal Opportunities Act

How can we help you meet your Health & Safety, Corporate Manslaughter and Duty of Care responsibilities with regard to occupational road safety?

Duty of care & green fleet workshops
Sample Policy Documents
Fleet Consultancy
Risk Management Software
Licence Checking