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