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Fleet driving legislation and considerations Health and safety law requires employers, and the self-employed to ensure, so far as is reasonably practical, the health, safety and welfare of all employees, at all times. Employers also have a responsibility to ensure that others are not put at risk by the work activities of their employees.
Although your fleet drivers are themselves ultimately responsible for how a vehicle is driven on the road, the employer can have a significant influence on what their drivers do. For example, the imposition of unrealistic delivery schedules, inadequate training and failure to properly maintain vehicles all increase the risk of road accidents.
The Management of Health and Safety at Work Regulations 1999 require every employer to carry out an assessment of the risks to the health and safety of their employees, or themselves, whilst they are at work, and to other people who may be affected by their work activities. This includes any driving activity on the road. The regulations require the risk assessment to be reviewed periodically to ensure that it remains valid. Employers should consider the risks to employees on the road in the same way as for those in a traditional workplace.
As part of our Government's Strategy to reduce the number of deaths and injuries on Britain's roads they are pursuing a program of driving assessment and, if necessary, re-training for drivers who are potentially at higher than normal risk. The chief executive of the Driving Standards Agency (DSA), Rosemary Thew, has confirmed that she is planning to focus on fleet drivers as part of the agency’s policy to offer at-work drivers continual development throughout their careers. The Government’s focus on motorists who drive for work means fleet drivers can expect to be targeted in the coming months. It will complement a campaign by the DfT, which is also aimed at improving the safety record of at-work drivers.
It's a fact that 20 road deaths a week involve people at work and this has not escaped the notice of the legislators.
Fleet driving courses are a vital part of commercial driver training and driver improvement. Without such training programmes in place, companies expose themselves to ever more stringent enforcement, both from the health and safety authorities and police.
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.
Work Related Road Safety - Employers Responsibilities
Some employers believe incorrectly that provided they comply with certain road traffic law requirements, such as ensuring that company vehicles have a valid MOT certificate, they are doing all that is necessary to ensure the safety of their employees when on the road.
The benefits of such programmes extend beyond the company or organisation as information is disseminated to family, friends and the general public.
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. Relevant legislation for those responsible for the safe operation of vehicles used in the course of business activities Health & Safety at Work Act 1974 requires employers to: · provide a duty of care to employees, and to the general public · establish and communicate a Health & Safety policy · provide safe handling and maintenance of work articles · provide necessary information & training on the above and requires employees to:· take reasonable care of their own health & safety · take reasonable care of others who may be affected by their actions or omissions Management of Health & Safety at Work Regulations 1999 requires employers to: · complete a suitable & sufficient risk assessment of every risk to employees, and others not in their employ (Regulation 3) http://www.hmso.gov.uk/si/si1999/19993242.htm#3 - establish effective monitoring & reviews of all preventative and protective measures (Regulation 4)
http://www.hmso.gov.uk/si/si1999/19993242.htm#sch1 - provide appropriate health surveillance where necessary (Regulation 6)
http://www.hmso.gov.uk/si/si1999/19993242.htm#6 · provide relevant information to their employees about the risks identified by the assessment (Regulation 10 {1}) http://www.hmso.gov.uk/si/si1999/19993242.htm#10 · provide relevant training on recruitment, or on a relevant change of responsibility/risk · repeat relevant training periodically · train during working hours · take into account capabilities of employees when allocating tasks (Regulation 13) http://www.hmso.gov.uk/si/si1999/19993242.htm#13 · use all work equipment in accordance with any training or instruction given, and must inform employers of any shortcomings (Regulation 14) http://www.hmso.gov.uk/si/si1999/19993242.htm#14 The Provision and Use of Work Equipment Regulations 1998 also states that - all employees should have adequate training to operate any work equipment
http://www.hmso.gov.uk/si/si1998/19982306.htm#7
http://www.hmso.gov.uk/si/si1998/19982306.htm#9 The Road Safety Act 2006 contains certain relevant updates of existing legislation · a new offence of causing death by careless or inconsiderate driving, which will carry a custodial sentence of up to five years · the penalty for careless or inconsiderate driving doubles, from £2500 to £5000 · using a hand held phone whilst driving and, as a result, failing to have proper control of the vehicle, will attract three penalty points and a £60 fixed penalty fine · there will be graduated fines for speeding offences, dependant upon the actual speed recorded within a specific limit, although the parameters for these have yet to be finalised at the time of writing http://www.opsi.gov.uk/acts/acts2006/20060049.htm The Health Act 2006 also has implications for those responsible for business vehicles · Smoking is not permitted in vehicles that are likely to be shared by more than one employee · There is a mandatory requirement to display approved 'No Smoking' decals visibly in each compartment likely to carry personnel http://www.opsi.gov.uk/si/si2007/20070765.htm
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