The law

Employers have duties under health and safety law for on-the-road work activities.
The Health and Safety at Work etc Act 1974 (HSW Act)2 states you must ensure, so far as reasonably practicable, the health and safety of all employees while at work.

You must also ensure that others are not put at risk by your work-related driving activities.

The self-employed have similar responsibilities.

‘So far as reasonably practicable’ means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble.

However, you do not need to take action if it would be grossly disproportionate to
the level of risk.

The Management of Health and Safety at Work Regulations 19993 require you to manage health and safety effectively. You must carry out an assessment of the risks to the health and safety of your employees, while they are at work, and to other people who may be affected by your organisation’s work activities. See ‘Assessing risks on the road’.

You must consult with your employees and, where applicable, their health and safety representatives, on health and safety issues, including:

■ Risks arising from their work;
■ Proposals to manage and/or control these risks;
■ The best ways of providing information and training.

Fleet Training

Your Obligation

If you have 5 or more employees, you are obliged to have this risk assessment written down. This could include delivery van drivers, company car drivers and even occasional drivers who are using their own vehicle – the employer still has a “duty of care” to protect its employees and the general public. (The Management of Health and Safety at Work Regulations 1999)

An area of Fleet Management that is often overlooked or misunderstood is the issue of private vehicles being used by employees for company business.

Approximately 3 million fleet cars are managed under fleet management schemes throughout the UK compared to approximately 5 million private vehicles used for company business that are frequently ignored by such Fleet Management Schemes.

Companies are not immune from the real costs of crashes/accidents involving staff whilst driving in their own time for personal and private business.

Added to the personal suffering of employees and families, organisations can suffer tremendous financial loss through down time, lost production etc when a partner or family member is involved in a road traffic incident.

Fleet Driver Training:

Aimed at reducing the personal and financial costs to a company or organisation of road traffic incidents involving staff and the public.

Some 65% of road traffic crashes / accidents involve a vehicle driven on company business.

Courses can combine both theory and practical training. The theory aspect looks at the risks to individuals and offers coping strategies tailored to the organisation. The practical in-car assessments and training raise awareness of the individual driver to their responsibilities.
The benefits of such programmes extend beyond the company or organisation as information is disseminated to family, friends and the general public.

By having a Policy and Training in place can help:-

● Reduce Insurance

● Reduce Uninsured losses

● Reduce fuel Consumption

● Reduce Wear and Tear on company Vehicles

● Reduce Staff down Time due to Collisions

● Reduces Exposure to you and your Company

● Protect your Name and Companies Reputation

Are your drivers sufficiently fit and healthy to drive safely and not put themselves or others at risk?

  • Do drivers of heavy lorries, for whom there are legal requirements for medical examination, have the appropriate medical certificate?
  • Do you remind drivers that they must satisfy the eyesight and other health requirements of the Highway Code6 and DVLA?
  • Have you told drivers they should not drive while taking medicine that might impair their judgement? If there is any doubt, they should ask their GP.
  • Are drivers aware of how dangerous tiredness can be and do they know what to do if they start to feel sleepy?
  • Do you encourage drivers to report any health concerns?

 Do you know your duties under health and safety law when employing
contractors and subcontractors?

Did you know that both you and the contractor you use have duties under health and safety law?
An HSE leaflet Using contractors: A brief guide provides more advice.

  • Do you ensure contractors are competent to do the job safely and withoutrisks to health and safety?
  • Do you provide contractors with information on the risks from your activities and the controls you have in place?
  • What arrangements do you have in place to ensure contractors tell you about any additional risks from their contracted work?
  • Have you set up liaison arrangements for co-operation and co-ordination with all those responsible to ensure the health and safety of everyone concerned?
  • Do you decide what you need to do to manage and superrvise the work of contractors and agree any controls before work starts?

 

Safe vehicle

Are vehicles fit for the purpose for which they are used?

Do you investigate, when buying new vehicles, which ones are most suitable for driving and for the health and safety of the public?

  • Do you make sure your vehicles have driver aids and other safety devices where appropriate, eg reversing alarms, camera systems, proximity sensors, and side protection bars for lorries or HGVs to protect cyclists?
  • Do you ensure privately owned vehicles are not used for work purposes unless they are serviced in line with manufacturers’ recommendations, insured for business use and, where the vehicle is over three years old, have a valid MOT certificate?
  • Do you ensure drivers and passengers would be adequately protected in an incident, eg are any seatbelts, head restraints or airbags correctly fitted, working properly and used?
  • Do you ensure vehicles do not exceed their maximum load weight?
  • Do you have appropriate arrangements for carrying and properly securing goods and equipment in a vehicle?

 

 

Call us

If you require more information please call our team, and we`ll help out with any quires or questions. 

Government HSE Booklet

This document outlines the requiremetns for you and your fleet