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  Fleet Driver Training - Legal Obligations
   
  The regulations concerning employers who require employees to drive on company business are complex, and covered by several Acts. It is almost impossible to find an overview written in simple language, something that drivewell set out to rectify, and we hope that you will find the following notes useful.
   
  The notes were prepared by Alan Ferguson, a former barrister with a clear understanding of the implications of 'driving at work' for companies. He is now a trainer and examiner for the National Examining Board for Occupational Safety and Health, and provides advice to companies both in the UK and abroad.   
   
  Alan can be contacted on matters concerning Health and Safety legislation via his company website, but please mention drivewell  if you do so.
   
  When reading through these notes, please bear in mind that drivewell  are able to offer the appropriate training to help companies in the Milton Keynes area to meet their legal obligations.
   
  Employer Responsibilities
   
  There is no specific health and safety legislation which covers the liability of an employer to protect employees who may be using motor vehicles on company business. The individuals themselves are of course governed by the provisions of the Road Traffic Acts 1988 and 1991.  
   
  However, the Health and Safety at Work etc. Act 1974 (HSWA) places a general duty of care on employers to protect the health and safety of those who may be harmed by a company's activities.
   
  Section 2(1) of the Act states that "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees".
   
  Section 2(2) expands on the previous section by saying that "without prejudice to the generality of an employers duty under the preceeding subsection, the matters to which that duty extends include in particular:
   
 
  • the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health
 
  • the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, without risks to health, and adequate as regards facilities and arrangements for their welfare at work
   
  Section 3 of the Act burdens the employer with similar responsibilities in respect of people who are not in his employment including visitors, contractors, the self-employed and the general public.
   
  Regulation (3) of the Management of Health and Safety at Work Regulations 1999 (MHSWR) requires that "Every employer shall make a suitable and sufficient assessment of:
   
 
  • the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
 
  • risks to persons not in his emplyment arising out of his undertaking"
   
  We can see therefore that employers have a duty not only to protect both employees and non-employees, but also to identify where risk exists and introduce measures to control it.
   
  This means that if an employer requires his staff to drive motor vehicles on company business, whether owned by the company or not, he must ensure that (inter alia):
   
 
  • the employee holds a current and appropriate driving licence (frequent and regular checks should be undertaken of the original document, ideally, in conjunction with a service which has authorised access to the DVLA)
 
  • the employee is fit to drive (not affected by a disabling medical condition or poor eyesight; not under the influence of alcohol or drugs [legal or illicit])
 
  • the vehicle is fit for use (complies with the Road Vehicles [Construction and Use] Regulations 1986 and is properly maintained); with regard to company cars, this is a specific obligation in connection with the employer's duty to provide safe work equipment
 
  • if the employee's own vehicles are used, that they are adequately insured for use on their employer's business
 
  • employees are advised of the importance of planning their journeys
 
  • employees take weather conditions into account when planning their journeys
 
  • employees are not required to work excessive hours (in any event, hours are regulated by law for drivers of HGV's, and for others by the Working Time Regulations 1998, although Britain still has the right to use the 'opt-out' clause under current EU legislation)
 
  • employees are not required to drive excessive distances during the working day
 
  • employees take adequate rest breaks during journeys, and between successive periods of driving
 
  • employees are aware of the company's policy on driving safety and the standards expected of them
 
  • employees understand the importance of basic vehicle safety checks before starting a journey
 
  • employees are aware of the different handling characteristics of a vehicle which is fully-laden compared with one that is unladen
 
  • ideally, there should be a programme of driver training in place for any employee who drives on company business
   
  This list is not exhaustive, but it gives some idea of the areas that responsible employers should be addressing to fulfil their obligations under HSWA and MHSWR, and to ensure the safety of both employees and non-employess as a result of motor vehicles being used in connection with their business.
   
  Employee Responsibilities
   
  HSWA Section 7 also places a duty on the employee to "take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and, as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."
   
  It is clear then that employees must behave in a responsible and safe manner when driving vehicles on company business. The point to note here is that he is not only responsible for protecting fellow employees. MHSWR refers to "other persons" which will embrace passengers in the vehicle and the general public, including other drivers and pedestrians.
   
  Also, the employee must co-operate with his employer in helping him to discharge his duty of care. This underlines the need for the employer to establish a robust and workable policy to ensure that those driving on his behalf do so in a safe and responsible manner.
   
  Summary
   
  These are the principal points under criminal law, but it should be remembered that in a civil law action for damages brought against an individual who is driving on company business, the employer may be held vicariously liable for the behaviour of his employee. This means that although the employer may not be aware of his employee's driving standards, or his state of health or the condition of the vehicle, a court may hold that he should have been. Faced with the possibility of recovering damages against the driver and/or a body corporate, which is the claimant more likely to focus on?
   
  It is not enough for an employer to simply establish a policy, communicate it to employees, train them (possibly) and then trust to luck. The policy must include a procedure for checking that standards are being met, together with a system for taking corrective action if they are not. This will usually mean a link with HR policies covering vehicle entitlement, reward schemes and so on, and in the event of serious breaches, the company's disciplinary procedure.
   
  In common with all health and safety measures in the enterprise, the policies and procedures surrounding motor vehicles which are used on company business must be kept under constant review, to ensure that they remain effective and are not abused or ignored.