Risk Assessment & ‘Duty of Care’

1. Risk Assessment & ‘Duty of Care’ Jack Pryde Fleet Manager * Fleet News ‘Fleet Manager of the Year (sub-100)’2005

2. Contents • Background • Implications for the organisation • Duty of care • Legislation • Guidelines • Risk assessment • Summary

3. Background • Companies have increasingly offered drivers ECO and PCP type schemes as well as cash options in order to achieve savings which include employee B.I.K. Costs but the trend is now reverting to company cars. • 79% of companies do not have a risk management strategy in place. (Nottingham business school; Sep.2004). • Many organisations are not meeting ‘duty of care’ requirements in respect of their drivers.

4. Implications for the Organisation • Directors have a ‘Duty of Care’ to any driver using any vehicle on Company Business, or driving on Company Insurance. • Managers must ensure drivers are aware of their responsibilities, and that a feedback monitoring system is in place. • A ‘Risk Assessment’ of drivers‘ work patterns and vehicles must be undertaken and documented.

5. Duty of Care For a business to comply with its’ duty of care, the employer must: • Have a comprehensive road safety policy supported by management in writing. • Have road safety management procedures in place, including risk assessment, and implement safe practices that eradicate or minimise identified risk. • Ensure employees are given appropriate information, training and supervision to be safe on the road. • Regularly audit the safety of journeys, and amend policiesand procedures accordingly if new risks are identified.

6. Legislation The principal legislation governing duty of care as it applies to cars includes: • The Health & Safety at Work Act 1974.(Employers have a duty of care for the safety of their employees on work journeys) • The Provision & Use of Work Equipment Regulations (PUWER) – revised 1998.(Defines a company car as a piece of work equipment) • The management of health & safety regulations (regulation 4: employers must make a written assessment of the risks to the health and safety of their employees) • Road traffic act 1988; Section 87 (2)(it is an offence to cause or permit anyone to drive a motor vehicle on the road if they do not have a valid licence for that class of vehicle) • Road Safety Act 2006 This was given Royal assent on Wednesday 8 November 2006.

7. Road Safety Act 2006 DRINK DRIVING • Introduction of Roadside Evidential Breath Testing • Mandatory retesting for repeat offenders • Alcohol Ignition Interlock Programmes SPEEDING • Create graduated fixed penalties in the range of 2 to 6 points • Ban of speed camera jammers & detectors (except those using a GPS system) • Increased penalty for not identifying the driver

8. Road Safety Act 2006 CARELESS DRIVING PROPER CONTROL/MOBILE PHONE USE • Maximum fine raised from £2,500 to £5,000. • Endorsement of 3 points + £60.00 fine but disqualification remaining an option USING A VEHICLE IN A DANGEROUS CONDITION • Obligatory disqualification – minimum of 6 months USE OF SEAT BELTS BY CHILDREN DRIVER TRAINING AND TESTING • A new system of endorsement of driving licences – to cover non British licence holders

9. Guidelines The principal guidelines governing duty of care as it applies to cars includes: • Turnbull Report-Sep.1999 (recommends an annual review of control systems and risk management) • HSC Guidelines - Directors’ Responsibility for Health & Safety (Aug.2001) (guidance for board members and senior managers on the effective management of health and safety at work) • HSC Guidelines – Driving at Work; Managing work-related road safety (Sep.2003) (defines ‘best practice' & encourages implementation of occupational driving risk management policies) • Association of Chief Police Officers – Road death investigation manual (police investigate all road deaths as ‘unlawful killings’ looking at vehicle condition and driver fitness etc.)

10. Risk Assessment • Look for hazards that could increase levels of risk when driving. Invite employee feedback. • Who is at risk? Consider drivers, passengers, other road users & pedestrians. • Evaluate the risk. Are existing procedures adequate? Are employees encouraged to drive, rather than using alternative means? • Record any significant findings of the risk assessment. • Review and revise procedures to ensure the risks to drivers are minimised.

11. Summary (1) • Take professional advice to undertake a risk assessment and implement a car policy which includes drivers using non-company vehicles on company business or insurance. (Vehicles must be ‘fit-for-purpose’, safe & legal). (Drivers must be in good health and have good eyesight). (Journeys must be planned to minimise stress and fatigue). • Ensure all drivers ‘buy-in’ to the management system as outlined in the policy by signing an undertaking. This is essential to minimise the risk of attracting a corporate manslaughter charge. (Mobile phone legislation – 3 year jail sentence).

12. Summary (2) • Install checking procedures for ‘opt-out’ drivers to ensure the same levels of safety as company car drivers. (Include driving licence; Insurance for business use; Vehicle licence; Mot; Service history as well as driver health & eyesight. Inform insurers where drivers have 6 or more penalty points). • Ensure recruitment procedures and contracts of employment address critical issues (mobile phone use; driving licence check and ongoing notification of penalty points; health & eyesight checks).

13. Summary (3) • Appoint a director with fleet responsibility (to take advice on best practice and endorse car policy and strategy). • Employ a professional fleet manager or fleet management company to support the board and the drivers. (Fleet performance must be monitored, and critical issues and remedial actions highlighted to the board. Drivers must be fully informed regarding best practice and their feedback sought and acted upon; Undertake training to address specific needs. Experience shows this is cost effective, and may be essential as part of your duty of care). • Constantly evaluate, and update policy at least annually. • Recommend membership of the Association of Car Fleet Operators (ACFO) – www.acfo.org

14. The Road Transport (Working Time) Regulations 2005 • Aimed at ‘mobile workers’. It targets commercial drivers and the crews of HGV and public service vehicles. • Includes drivers of vehicles ‘constructed or adapted to carry goods’ and light commercial vehicles fall within that criteria. • The existing Working Time Regulations as amended last year cover all employees. This means that everyone who drives on business - company car drivers and staff in their own cars - must have the time that they spend travelling recorded and monitored.’ • Formal guidance accompanying the new regime is now available. It can be accessed via www.dft.gov.uk & www.nurs.co.uk