Industry News
Health and safety, duty of care and mobile phones
Despite the increasing prominence of environmental and cost issues, health and safety and duty of care is still a vitally important area of running a fleet, and cannot be ignored.
A raft of Government legislation has been developed covering all aspects of at-work health and safety and duty of care. It has been designed to ensure that, while on the road, drivers are not being subjected to undue pressure from employers, and that employers are operating their vehicles safely and responsibly.
This area is underpinned by the Health and Safety at Work Act 1974, which states that employers have a duty of care for the safety of employees at work, regardless of the type or size of the business.
There is also a duty of care to others who may be affected by their business activities, which, in the case of driving, means all other road users.
This act is supplemented by the Health & Safety Offences Act 2008 that came into force in January 2009. The act increases the penalties at the Court’s disposal if an employer fails either to identify a risk or, having identified a risk, fails to implement appropriate measures to reduce it, although no precedent has been set as to how this might affect company fleet operations.
To enforce employers’ duty of care obligations, the Management of Health and Safety at Work Regulations 1999 states that employers are required to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
Of course, the driver has a responsibility too, and he or she is covered by the Road Traffic Acts supported by the Highway Code. You can view the current Highway Code at the following link: http://www.direct.gov.uk
It is an offence for an organisation to set driver schedules which may cause them to break speed limits, or have payment reward schemes which in any way incentivise them to do so, and such behaviour could result in prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007, which gives the Crown the ability to prosecute employers for certain very serious senior management failures which result in fatality. It means that the company can be prosecuted, rather than an individual, and could result in fines relative to the company’s turnover.
This array of legislation sounds daunting, but for the fleet manager there is good solid advice that, if followed, should mean there is little to be concerned about. If a fleet manager does all that is ‘reasonably practicable’ then they should have little to fear.
‘Reasonably practicable’ that includes ensuring servicing is completed regularly and maintaining an audit trail of documentation to prove it, checking driving licences regularly and making certain that employees are declaring themselves fit to drive (see below).
Setting the cornerstones for effective health and safety management
The Department for Transport (www.dft.gov.uk) sets out clear guidelines on what needs to be done. To start with, and covering all health and safety issues, a safety policy must be written if an organisation employs five or more people; a road safety policy can be added to it. Essential to the success of its implementation is that it should be supported by top management, and it should then be reviewed regularly and be influenced by the results of risk assessments.
Of course, one way to reduce risk is to cut the number of miles driven, and the DfT recommends eliminating journeys where possible, perhaps by using video or telephone conferencing or rescheduling deliveries or business trips to reduce the overall number of journeys.
If the journeys are unavoidable, then it is best to mitigate the risk by planning safer trips, perhaps by avoiding driving in adverse conditions, reducing distances and drivers’ hours through appropriate rest breaks, optimising schedules and specifying safest routes.
Also, ensuring the vehicle is fit for purpose, and that maintenance is carried out safely and effectively, is imperative. Ensure that your SMR provider can demonstrate that work has been done to acceptable quality, and keep an audit trail of work completed. If the authorities want to see evidence of compliance with vehicle maintenance you can then prove the work has been done.
Mobile phones and the law
As part of your duty of care and road safety policy, it is vital to address the issue of mobile phones, and ensure your drivers understand the importance of adhering to that policy.
The law in the first instance is simple: while at the wheel, the driver will be breaking the law if he or she picks up or uses any type of phone that is, or must be, held to operate it. This means drivers must not use their mobile phones to take calls, pictures, emails or text messages, even when stopped at traffic lights or while queuing in traffic. A driver caught in breach of these rules will receive a £60 fine and three penalty points on their licence.
Drivers can also be prosecuted under a number of laws if they are found not to be in proper control of their vehicle, or if they cause an accident as a result of speaking into a hands-free phone and are driving dangerously or without due care and attention.
Employers can also be prosecuted if they cause or permit employees to take or make calls or send text messages while driving.
According to the Department for Transport, ‘the best advice is to switch off before you drive off’. It recommends that, when driving, motorists should use voicemail, a message service or call diversion and pick up messages later, adding that if the driver must answer, say they are driving and end the conversation.
Further information and advice
There are numerous websites giving useful advice on health and safety issues. These include:
Health and Safety Executive (www.hse.gov.uk):
News, publications, campaigns and consultation on corporate health and safety, ensuring risks in the workplace are properly controlled.
Brake (www.brake.org.uk): The road safety charity campaigns for safer driving as well as offering help and support for victims of traffic incidents.
Roadsafe (www.roadsafe.com):
A partnership of leading companies in the motor and transport Industries aims to increase awareness of the risks of driving for work.
Think! (www.dft.gov.uk/think/):
The DfT’s Think! Road Safety Campaign includes resources and advice on how to deal with drugs, tiredness, speed and drink driving.
SAFED (www.safed.org.uk):
Safe and fuel efficient driving organisation set up by the DfT to offer advice and training to van drivers and fleets.
Drink and drugs (www.drinkdrive.co.uk):
Carries advice on implementing an effective drink and drug policy in the workplace, as well as guidance on training and education.
The Royal Society for the Prevention of Accidents (www.rospa.org.uk):
Organisation promoting workplace road safety, offering courses and free compliance assessments on managing occupational road risk.
Institution of Occupational Safety and Health (www.iosh.co.uk):
The body representing health and safety professional provides authoritative advice and guidance on health and safety issues.
Occupational Road Safety Alliance (www.orsa.org.uk):
ORSA aims to raise awareness of work related road safety by bringing together employers, trade unions, local authorities, police forces, safety organisations and professional and trade associations.
Despite the increasing prominence of environmental and cost issues, health and safety and duty of care is still a vitally important area of running a fleet, and cannot be ignored.
A raft of Government legislation has been developed covering all aspects of at-work health and safety and duty of care. It has been designed to ensure that, while on the road, drivers are not being subjected to undue pressure from employers, and that employers are operating their vehicles safely and responsibly.
This area is underpinned by the Health and Safety at Work Act 1974, which states that employers have a duty of care for the safety of employees at work, regardless of the type or size of the business.
There is also a duty of care to others who may be affected by their business activities, which, in the case of driving, means all other road users.
This act is supplemented by the Health & Safety Offences Act 2008 that came into force in January 2009. The act increases the penalties at the Court’s disposal if an employer fails either to identify a risk or, having identified a risk, fails to implement appropriate measures to reduce it, although no precedent has been set as to how this might affect company fleet operations.
To enforce employers’ duty of care obligations, the Management of Health and Safety at Work Regulations 1999 states that employers are required to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
Of course, the driver has a responsibility too, and he or she is covered by the Road Traffic Acts supported by the Highway Code. You can view the current Highway Code at the following link: http://www.direct.gov.uk
It is an offence for an organisation to set driver schedules which may cause them to break speed limits, or have payment reward schemes which in any way incentivise them to do so, and such behaviour could result in prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007, which gives the Crown the ability to prosecute employers for certain very serious senior management failures which result in fatality. It means that the company can be prosecuted, rather than an individual, and could result in fines relative to the company’s turnover.
This array of legislation sounds daunting, but for the fleet manager there is good solid advice that, if followed, should mean there is little to be concerned about. If a fleet manager does all that is ‘reasonably practicable’ then they should have little to fear.
‘Reasonably practicable’ that includes ensuring servicing is completed regularly and maintaining an audit trail of documentation to prove it, checking driving licences regularly and making certain that employees are declaring themselves fit to drive (see below).
Setting the cornerstones for effective health and safety management
The Department for Transport (www.dft.gov.uk) sets out clear guidelines on what needs to be done. To start with, and covering all health and safety issues, a safety policy must be written if an organisation employs five or more people; a road safety policy can be added to it. Essential to the success of its implementation is that it should be supported by top management, and it should then be reviewed regularly and be influenced by the results of risk assessments.
Of course, one way to reduce risk is to cut the number of miles driven, and the DfT recommends eliminating journeys where possible, perhaps by using video or telephone conferencing or rescheduling deliveries or business trips to reduce the overall number of journeys.
If the journeys are unavoidable, then it is best to mitigate the risk by planning safer trips, perhaps by avoiding driving in adverse conditions, reducing distances and drivers’ hours through appropriate rest breaks, optimising schedules and specifying safest routes.
Also, ensuring the vehicle is fit for purpose, and that maintenance is carried out safely and effectively, is imperative. Ensure that your SMR provider can demonstrate that work has been done to acceptable quality, and keep an audit trail of work completed. If the authorities want to see evidence of compliance with vehicle maintenance you can then prove the work has been done.
Mobile phones and the law
As part of your duty of care and road safety policy, it is vital to address the issue of mobile phones, and ensure your drivers understand the importance of adhering to that policy.
The law in the first instance is simple: while at the wheel, the driver will be breaking the law if he or she picks up or uses any type of phone that is, or must be, held to operate it. This means drivers must not use their mobile phones to take calls, pictures, emails or text messages, even when stopped at traffic lights or while queuing in traffic. A driver caught in breach of these rules will receive a £60 fine and three penalty points on their licence.
Drivers can also be prosecuted under a number of laws if they are found not to be in proper control of their vehicle, or if they cause an accident as a result of speaking into a hands-free phone and are driving dangerously or without due care and attention.
Employers can also be prosecuted if they cause or permit employees to take or make calls or send text messages while driving.
According to the Department for Transport, ‘the best advice is to switch off before you drive off’. It recommends that, when driving, motorists should use voicemail, a message service or call diversion and pick up messages later, adding that if the driver must answer, say they are driving and end the conversation.
Further information and advice
There are numerous websites giving useful advice on health and safety issues. These include:
Health and Safety Executive (www.hse.gov.uk):
News, publications, campaigns and consultation on corporate health and safety, ensuring risks in the workplace are properly controlled.
Brake (www.brake.org.uk): The road safety charity campaigns for safer driving as well as offering help and support for victims of traffic incidents.
Roadsafe (www.roadsafe.com):
A partnership of leading companies in the motor and transport Industries aims to increase awareness of the risks of driving for work.
Think! (www.dft.gov.uk/think/):
The DfT’s Think! Road Safety Campaign includes resources and advice on how to deal with drugs, tiredness, speed and drink driving.
SAFED (www.safed.org.uk):
Safe and fuel efficient driving organisation set up by the DfT to offer advice and training to van drivers and fleets.
Drink and drugs (www.drinkdrive.co.uk):
Carries advice on implementing an effective drink and drug policy in the workplace, as well as guidance on training and education.
The Royal Society for the Prevention of Accidents (www.rospa.org.uk):
Organisation promoting workplace road safety, offering courses and free compliance assessments on managing occupational road risk.
Institution of Occupational Safety and Health (www.iosh.co.uk):
The body representing health and safety professional provides authoritative advice and guidance on health and safety issues.
Occupational Road Safety Alliance (www.orsa.org.uk):
ORSA aims to raise awareness of work related road safety by bringing together employers, trade unions, local authorities, police forces, safety organisations and professional and trade associations.