Duty Of Care

The Corporate Manslaughter and Culpable Homicide Bill 2008, and new guidelines by the Health & Safety Executive, place a duty of care on employers, who can be held liable for accidents or convictions involving their employees whether in company vehicles or private cars on company business. This can lead to a fine or even imprisonment for individuals in the company’s management plus, of course, adverse publicity for the company concerned.   You need to understand all the implications and introduce and maintain an effective policy.

Implementing a duty of care policy will mean:

• less need for investigation and paperwork
• fewer vehicles off the road for repair
• reduced running costs due to better driving standards
• fewer missed orders and business opportunities, thus reducing the risk of losing goodwill of customers
• less chance of employees being banned from driving
• reduced insurance excesses and less risk of subsequent premiums being increased.
• a reduced risk of work-related ill health and fewer days lost due to injury and work rescheduling
• reduced stress and improved morale
  

Duty of care means that the employer must ensure drivers:

• hold a valid driving licence, and that endorsements and convictions are declared
• are adequately covered by insurance - this includes those who use their own car on company business, even if it is to post a letter after the day's mail has been collected.
• are physically able to drive safely - this includes eyesight checks
• are suitably trained to drive the vehicles provided for their use. For example, one of your drivers who is used to a small car in town will find a difference if he or she is given the use of a more powerful larger car and expected to do more long distance driving
• understand, and abide by, motoring law, ranging from parking restrictions and speeding to the proper use of mobile phones
• vehicles are, roadworthy, properly maintained and fit for the intended use
• are subject to realistic time schedules and not expected to exceed speed limits to achieve deadlines
• will not be put at risk from fatigue caused by driving excessive distances without appropriate breaks
• allow for adverse weather conditions and, where appropriate, are not expected to travel in such conditions.
  

Managing the risk

You can protect your company by implementing Health & Safety Guidance 65 - the UK standard process for managing all occupational risks. This sets out the principles of defining a health and safety policy, administering it, assessing and reducing risks to your workforce, and how to review and measure the effectiveness of your policy.

See the following publications

www.hse.gov.uk/pubns/indg382.pdf
www.dft.gov.uk/drivingforwork