Employers need to be aware of the many legal obligations they owe to their employees who drive during the course of their employment. First and foremost an employer owes an employee a duty to safeguard his health and safety. The standard of care owed to employees is determined by requirements of reasonableness, with reference to the extent of the risk, the employers’ knowledge of the risk, the precautions taken and the individual characteristics of the employee.
The Law
Before considering effective risk management is it useful to be reminded of the key legislation for employers. The backbone of employers’ liability legislation is the Health & Safety at Work Act 1974. Breach of the duties contained within the main body of the 1974 Health and Safety Act do not allow an action in civil proceedings, but are enforced by criminal prosecutions brought by the Health & Safety Executive.
The Acts and Regulations which can give rise to a civil claim for damages include the Provision and Use of Work Equipment Regulations 1998 and the Management of Health Safety & Welfare Regulations 1999. Both of these statutes impose statutory duties upon employers which can be relevant to dealing with employees who drive vehicles during the course of their work. The Provision and Use of Work Equipment Regulations 1998 are particularly important for employers whose employ staff drive during their working hours.
Another key statute for employers is the Management of Health and Safety at Work Regulations 1999 which imposes the legal requirement for formal risk assessments of the health and safety of employees whilst they are at work and to other people who may be affected by their work activities.
In other circumstances, the Manual Handling Operations Regulations 1992 and the Workplace (Health, Safety & Welfare) Regulations 1992 can also be relevant for employees working with vehicles.
There are also more specific legislation to be borne, such as the European Drivers’ Hours Regulations, the UK Domestic Driver’ Hours Rules, the Tachograph Regulations and the Road Transport (Working Times) Regulations 2005.
The Key Risk Areas
So what are the key risk areas and how can the risks be managed effectively? Employers should be aware of the following:
Drivers – Do all employees hold a valid driving licence? Do operators such as refuse workers hold valid HGV operators’ licences or anything more required for the type of vehicle driven?
Vehicles – Are the vehicles being used by employees suitable for the purposes for which they are being used? Maintenance and repairs should be carried out to an acceptable standard and it is important to document all vehicle checks, inspections, services and repairs.Manual handling training should also be provided to employees for loading and unloading.
Mobile Phones - Drivers are 4 times more likely to crash when using a mobile phone and hands free systems can also present a significant distraction. Employers should consider having a policy banning the use of mobile phones whilst driving.
Fatigue - Employers should be aware of the number of hours employees are driving for and the time of day. Employees must take rest breaks of 15 to 30 minute break every 2 hours. Night shift arrangements should be reviewed to ensure that they do not lead to employees driving whilst fatigued.
Speeding - Employees should be made aware that they should at all times drive within the speed limit and at an appropriate speed for the road conditions.
Weather Conditions – Are employees advised to check their route and weather forecast before setting out? Weather conditions should also be considered when dealing with vehicle maintenance.
Alcohol & Drugs – Are there clear rules in place to enforce the prohibition of alcohol, drugs or medication? This should be a serious disciplinary matter.
Accidents - Do road safety policy and drivers handbooks contain advice on what to do in the event of an accident?
The Importance of Risk Assessments
Risk Assessments are seen as a starting block in the defence of nearly all employers’ liability claims. Assessments should look at all the hazards which may be faced by employees who drive during the course of their work, ensuring that all risks are removed or reduced so far as is reasonably practicable.
When compiling risk assessments it is advisable to speak with the employees who are actually doing the job in hand. It is important to review the risk assessments regularly to take account of changing circumstances such as the introduction of new vehicles or tasks.
Practical steps for managing risks involving in driving:
Driver Training - Offer refresher courses.
Drive Handbooks - Issue employees with Driver Handbooks to include all health and safety matters relating to the vehicle.
Road Safety Policies - Issue a copy of your Road Safety Policy to all employees who drive during the course of their work; ask staff to sign and acknowledge that they have read and understood it.
Risk Assessments – Examine all work-related driving activities. Assess any potential risks, the magnitude of the hazard and those persons at risk. Can the risk can be avoided altogether? Are there any alternative safer means of transport available?
With effectively managed policies in place and ensuring guidance is provided to employees, employers should be able to manage the many risks which arise from employees driving during the course of their employment. Continual reviews and monitoring should ensure that effective management can be maintained. If employers remain pro-active then the risks of driving can be controlled effectively.