Jaluch Limited

Buckle up your approach to work-related road safety

Are you satisfied that your drivers are competent? You may be interested to know that it is estimated that up to a third of all road traffic accidents involve somebody who is at work at the time…

This may come as a surprise, but according to the Department for Transport, employers are not complying with certain road traffic law requirements and often believe that by simply ensuring Company vehicles have a valid MOT certificate… they have fulfilled their obligations!

So, in this week’s update, we provide a refreshing overview of what the law requires you to do in terms of keeping your employees safe on the road, we ask a few questions for you to consider about your own staff and fleet, and we provide measures to help you avoid prosecution for road accidents!

The law

The Health and Safety at Work Act 1974 requires you to ensure the health and safety of all employees while at work. The Management of Health and Safety also requires you to carry out a risk assessment to the health and safety of your employees, while they are at work and to periodically review your risk assessment so that it remains appropriate.

The Department for Transport provides a detailed guide to conducting the risk assessments, so in short, which in summary covers:

1.Looking for hazards
2.Deciding who might be harmed
3.Evaluating the risk and deciding whether existing precautions are adequate or more should be done
4.Recording your findings
5.Reviewing your assessment and revising if necessary

Servicing your policies

As well as conducting a risk assessment, it is necessary for you to provide your employees with guidance and your expectations when they are driving on Company business. So, with the Law put to one side, we ask, is your work-related road safety policy reviewed regularly? Do you have a policy on driving on Company business?

It is never too late to implement such a policy or review your existing policies to ensure that your employees are compliant… below we provide a short overview on what you may like to consider including in your driving on Company business policy for your Company vehicle users:

• Restrictions and Conditions of Use
  • Driving Licence and Insurance
  • Additional Drivers
  • General Restrictions
  • Withdrawal of vehicle
• Driving Guidelines
  • Journey Organisation and Scheduling
  • Mobile Telephones
  • Smoking
• Accident Reporting
• Condition of the Vehicle
  • Maintenance
  • Servicing
  • Repairs
  • Breakdown Procedure
• Insurance and Security Precautions
  • Claim Excess
  • Personal Property
• Motoring Offences and Fines
• Return of Company Vehicle

Employees will need to understand what is required of them in relation to work-related road safety and your policy should be easily accessible to them.

Police checks often include questioning the driver of whether they are driving for work purposes. They will commonly investigate whether the Company has carried out basic checks i.e. whether employees using their own vehicles for business purposes have a valid driving license and are insured etc. This means that yes, if one of your drivers is involved in an accident and did not have adequate insurance cover, you could face prosecution under The Employers’ Liability (Compulsory Insurance) Act 1969!

Day dreaming and distractions

We all are aware that tiredness can be lethal whilst driving long distances, but new research from Halfords reveals that more than 21% of drivers switch to autopilot when on familiar routes, putting themselves and other road users at risk! But interestingly, advice given to avoid the risk of day dreaming is to invest in a Satellite Navigation Systems (Sat-Navs) for audio alerts to keep you concentrating on the road. Perhaps in your policy you may wish to state that, due to this, Sat Navs are not put on mute!!

In addition, it is an offence to ‘cause or permit’ a driver to use a hand-held phone while driving, whilst we may all be aware of this, have you ensured that in your policy you state a ban on hand-held devices? We suggest that you make it a disciplinary offence if employees are in breach of this! And if you’re thinking you’ve escaped this by permitting the use of a hands-free kit – think again! As drivers can face a prison sentence if they cause a fatal accident as a result of being avoidably distracted at the wheel.

Action

Now may be the right time to review your policies and risk assessment for work-related road safety in preparation for the adverse weather we can expect for the winter months of this year. Will you be expecting your employees to drive to client meetings in freezing conditions?

We suggest that you also review the documentation you collect from your employees to ensure that you are protected, this should include:

• Driver’s license
• Insurance details
• MOT Certificates

Here to help

So all in all, there’s quite a bit to consider in relation to driving on Company business, aside from the usual insurance policies and car maintenance. If we are able to help you review or re-write your policies in light of this article please do get in touch, we’d be more than happy to support you!