Duty of Care

The single biggest issue facing fleet				luggage platform at the right height would be
managers or managers with a fleet remit is				the most appropriate for a sales
employers' duty of care towards their				representative regularly lifting loads. A
employees while driving on company business.				sales representative off sick with a bad back
				is not what the employee or the company
Company car and van drivers are involved in				wants.
over 1,000 fatal accidents on Britain's roads
each year and almost 100,000 are injured				Vehicle specification could also be a
while driving on company business.				determining factor in duty of care. By
				spending more on sensible options, companies
Driving at Work: Managing Work-Related Road				can clearly demonstrate their duty of care.
Safety Guide				Many manufacturers offer power steering, ABS
				and driver/passenger airbags as standard but
To address this, in September 2003, the				if not companies should specify them. Basic
Health and Safety Executive published a guide				safety equipment should be on any company's
called 'Driving at Work: Managing				checklist as being essential in meeting its
work-related road safety' guide. The guide				duty of care responsibilities. And drivers
highlights the legal responsibilities of				need to know how to use the equipment.
companies, large or small, to comply, so far
as is reasonably practicable, with the Health				Besides basic safety equipment, consideration
and Safety at Work etc Act 1974.				should be given to front fog lights, heated
				front windscreens, steering column audio
The guide stresses the benefits of managing				controls and wide-angle heated mirrors. For
work-related road safety and suggests ways of				driver comfort, the checklist should include
managing safety and assessing road risks.				height-adjustable seating, a height
The aim of the guide is to reduce the number				adjustable steering wheel and, possibly, even
of casualties involving company car and van				air conditioning.
drivers, either in company or private
vehicles.				A few sensible optional extras could help
				avoid a potentially heavy fine for not
Consequently, companies need to look at				providing a suitably equipped vehicle.
driver competency and training; driver				Companies failing to meet their duty of care
health; knowledge of basic vehicle checks;				responsibilities to their drivers will feel
vehicle suitability, condition and				the pain as fines impact their bottom line
maintenance; if a valid MOT certificate is				and their overall public image.
required, and safety equipment. The
provisions of the guide even extend to				Protecting Drivers
allowing proper route planning and adequate
travel time allowance.				Duty of care obligations extend to one of a
				company's most important assets, its drivers.
As highlighted, the HSE guide applies equally				So, what can companies do to meet their duty
to the use of privately-owned cars and vans				of care responsibilities?
on business trips. Companies are liable if
employees use an un-roadworthy vehicle on				The job interview is a good starting point.
company business so if they allow employees				Companies should make sure that all new
to use their own vehicles on business they				company car and van drivers employed are
have a duty of care to ensure they are				safe. They should follow up on references
monitoring the maintenance history of the				and check their driving licences. Every six
vehicle and that the vehicle insurance also				months, driving licences should be checked
covers business use.				again to make sure drivers have not been
				gathering points, or worse, without company
Incredibly one recent survey showed that 88%				knowledge. It's surprising how many
of staff using their own vehicles on company				employees may be driving while disqualified.
business had never had checks carried out on
insurance or service records and over a third				The next step is to issue a driver's handbook
had not even had their driving licences				covering a company's guidelines to every
checked!				driver working on company business. Besides
				helping to enforce compliance, providing a
Companies that fail to act on the guide run				detailed driver's handbook demonstrates a
the risk, in the event of an accident, of				company's duty of care to its employees.
facing significant fines. Company directors
and senior management could also face large				So what should be covered in a driver's
fines and even possible imprisonment.				handbook? It should be a complete A to Z,
				from ABS to zebra crossings! Everything from
Legal experts have warned that companies				stressing the importance of wearing seat
could face prosecution under corporate				belts to taking 15-minute breaks every two
manslaughter laws if, for example, an 'at				hours. The handbook should be regularly
work' driver did not have insurance for				reviewed and updated as necessary.
business use and was found guilty of causing
an accident.				Recent research shows that only about a
				quarter of companies have updated their
Draft Corporate Manslaughter Bill				company car policy regarding the use of
				mobile phones while driving despite a change
Details of a draft Corporate Manslaughter				in the law. A driver is no longer permitted
Bill have been published, which would make it				to use a non-hands-free mobile phone while on
easier for companies to be prosecuted for				the move. The vehicle's engine must be
failure to meet their duty of care				switched off.
responsibilities. The new Bill would make
gross negligence by senior company				Time spent behind the wheel is another
management, resulting in fatalities, more				important issue. Even where a company
easily punishable. The person prosecuted				operates 3.5 tonne vans to avoid fitting
could be a company director or the most				tachographs, drivers will still need to watch
senior manager responsible for fleet.				their time behind the wheel. And with so
				many aftermarket telematic devices available,
The Bill underlines the need for companies to				companies have no excuse not to keep track of
look at their duty of care responsibilities.				driver movements.
This means reading the 'Driving at Work:
Managing work-related road safety' guide				One of the latest surveys revealed that more
carefully before conducting internal reviews				than 60% of companies did not offer any
and, if necessary, implementing new policy				formal driver training. While there may be
guidelines.				no obvious return, that is shortsighted
				thinking. The sum total of fewer accidents,
Duty of care prosecutions for 'at work'				less vehicles off the road, more drivers at
drivers involved in vehicle collisions will				work and lower insurance premiums should all
increase substantially as a result of the new				be sufficient incentive to offer proper
Bill.				training. Any driver involved in an accident
				should have their driving record examined and
Furthermore, the police will now record in				offered additional training where necessary.
all accident reports if the crash involved an				Only one in eight companies do so at present.
'at work' driver. This will allow an
accurate picture to be built up of the number				On the subject of shortsightedness, although
of work-related road accidents. Many experts				it is recommended that everyone should have
feel 'at work' drivers represent the biggest				their eyes tested every two years, less than
risk on the roads today and that proper				a third of companies carry out an eyesight
attention should be paid to the Health and				test. Adequate vision for the road ahead is
Safety at Work Act Approved Code of Practice				a basic requirement.
on driving 'at work'.
				Make no mistake, employees are one of a
Exercising Proper Control				company's most important assets. A good
				driver, properly trained and armed with an
Fleet vehicle sales continue to rise and				up-to-date driver's handbook, will be safer
consistently account for over 50% of total				as they go about a company's business. These
new car sales. Commercial vehicle sales,				simple measures can ensure directors meet
including vans, are the best they have been				their duty of care responsibilities.
for 25 years!
				Expert Support
With more cars, vans and trucks on the roads
comes an increasing need for companies to				From all of the above, it is clear that a
exercise proper duty of care towards their				company's duty of care responsibilities is
'at work' employees.				extensive. No wonder duty of care is, or
				should be, so high up the boardroom agenda.
As mentioned, directors could face				To be properly covered, companies need to
manslaughter charges if deaths occur				have a professional risk assessment audit
involving the use of vehicles not fit for the				undertaken of both vehicles and staff. They
purpose or poorly maintained or not insured				will then have to follow up on all
for business use. Such deaths would be				recommendations and advice, and exercise
deemed to be caused by managements' lack of				their duty of care responsibilities on an
duty of care, due to a failure to establish				on-going basis.
proper controls. In such instances, company
disclaimers may not be sufficient to protect				Undoubtedly, if companies do not meet their
company directors if they do not exercise the				responsibilities then they will face legal
right level of duty of care.				action. As legislation becomes more
				prevalent, companies must heed their duty of
Many companies still do not have the right				care responsibilities, especially for 'at
controls in place to ensure that vehicles are				work' drivers.
being properly maintained and insured, have a
valid MOT certificate if required and are				Authors:
suitable for the purpose intended.
				Ceridian provide outsourced HR services that
Survey results can be revealing. For				maximise the value of people, helping
example, in one survey, a quarter of fleet				companies succeed by enabling them to focus
drivers did not check their vehicles or were				on their core business. We deliver a range of
not even aware that they should. In another,				end-end integrated services including
only a third of fleets imposed some form of				payroll, performance management, flexible
penalty following an accident or fine and				benefits and employee assistance programmes.
only an eighth introduced some form of driver
training following an accident.				Ceridian - Over 40 years' UK and
				international experience in Payroll Services
The Right Vehicle for the Job				and outsourced HR Services including EAP,
				Flexible Benefits and HR Consulting For more
Duty of care can even be exercised at the				information or assistance:
time a new vehicle order is placed.
Companies should make sure the new vehicle				Visit us at:
ordered is the right one for the job. For
example, a hatchback or estate with the				Email us at: info@ceridian.co.

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Duty of Care