The driver was involved in an accident whilst driving home following a third consecutive shift of nearly 20 hours. The case is thought to be the first of its kind in the UK where the company in question was convicted even though their employee died outside working hours, on his commute home.

 

Jeremy Scott, Head of Regulatory and Corporate Defence at Langleys comments: “The Court in the ‘Produce Connection’ case found that the potato company had failed to monitor their employees’ working hours. The court heard that the driver was thought to be suffering from "chronic fatigue" and had subsequently fallen asleep at the wheel. The company was ordered to pay the fine, together with costs of £24,000, after admitting two breaches of health and safety law.”

 

Jeremy concludes: “This case demonstrates the need for employers to seriously think about the impact of driver fatigue, during both working hours and also on the commute home. A number of recent and current investigations show that the police and HSE will be jointly investigating accidents with a view to including not only the employee who was driving, but also the employer, in any subsequent prosecution. Company directors and other senior employees could find themselves in the dock facing not only large fines but also a prison sentence following the increase in penalties under the Health and Safety (Offences) Act 2008, which has only recently come into force.”

 

Langleys would advise employers to carry out appropriate risk assessments both in relation to employees and also in respect of each vehicle used and each journey undertaken. Thereafter they need to set up policies relating to driving, making it clear that any breach constitutes a disciplinary offence, provide ongoing training and back this up with relevant training records

 

The guiding principle here has to be that employers should periodically review driver fatigue, both during ‘at work’ driving, and during commuting, and develop measures to guard against it.