When one of your company’s employees drives a car or commercial vehicle for business purposes, it counts as part of their working activities – and your company has a ‘Duty of Care’ towards them. This means you must ensure you always supply cars that are safe and fit for whatever purpose they will be used.
Of course, as fleet manager you have the responsibility of making sure the company fulfils its legal obligations to its business drivers. There are three key areas of legislation that explain these obligations, and show why a service such as Drive & Survive’s is so important for you and your company. Here is a brief summary.
The Health and Safety at Work Act 1974
Under this Act, a company has duties not only to its own employees but also to outside contractors and members of the public who may be affected by its work activities.
The Management of Health and Safety at Work Regulations 1992/1999
This Act requires employers to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
The Provision of Use of Work Equipment Regulations 1999
This Act requires that equipment provided for use at work, including machinery, is safe.
Corporate Manslaughter Act 2008
Under this Act, it will now be easier for an organisation to be prosecuted if systematic management failings contribute to a fatal accident. This will apply to fatal road accidents if the accident results from work-related driving activities. As a consequence it is important that employers review their risk assessment policy and written driving at work policy on an ongoing basis.
The first step for your company should be to arrange a Risk Assessment. This is, in fact, mandatory under the Management of Health and Safety at Work Regulations 1992/1999.
We hope you have found this brief summary useful as guidance. However, please note that nothing in this document constitutes legal advice, and you should consult a solicitor on any specific legal issue.