| Running no risks Fleet safety |
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At-work driver safety has been creating headlines ever since the launch of the government-backed Work-Related Road Safety Task Group, which published its report 18 months ago. However, too many companies have chosen to take no action to improve their risk management procedures and protect themselves and their employees from legal action. But, with legislation due to reach the statute book on mobile phone use whilst driving, work-related road safety and the number of hours that employees can work, now is the time for businesses to act. Mobile phones After the press outcry over the number of accidents involving mobile phone use and in particular the lorry driver imprisoned for five years for causing a fatal accident whilst composing a text message, it was fully envisaged that the legislation banning the use of hand-held mobile phones would be with us by Easter. The reality, however, has proved to be very different, primarily due to the unprecedented response to the government consultation, which has resulted in the new offence of using a hand-held mobile phone while driving not being introduced until 1 December. The legislation will also ban the “holding of any electronic device” while driving for “accessing oral, textual or pictorial communications”. However, hands-free phones and other hands-free electronic devices are not banned so voice activated systems are permitted, although certainly not recommended due to the risk of driver distraction. It is also felt that one of the long-term problems to be overcome is that of enforcement, as the police have the unenviable task of actually catching motorists in the act of using a mobile phone. And employers are also targets under the new legislation as it will, as with other motoring offences, be possible for the police to take action against companies to “cause or permit” the offence to take place. There, it is reasonable for an employer to ban the use of a mobile phone while driving, but at the same time introduce initiatives for the making and receiving of important calls via pre-planned stops. Such systems can be audited by occasional attempts to contract drivers whilst they are known to be driving or by monitoring telephone accounts. See mobile phones feature page ?? for more information. Work-related road safety Since the report of the Work-Related Road Safety Task Group, developments have been slow towards providing risk assessment guidance to employers. The Health and Safety Executive (HSE) is currently working on a draft guide, the main thrust of which will be an obligation upon employers to carry out a risk assessment in accordance with the Management of Health and Safety at Work Regulations 1999. It is fully expected that the final version of the guide will be published later in the year, providing the HSE and the police with useful ammunition to prosecute employers who do not display a commitment to health and safety. But what will the guide contain? It is likely that it will follow the HSE approach to the management of health and safety in other areas such as the workplace, with a six-step approach to risk assessment, as follows: Step 1. Look for hazards This would include the organisation’s approach to road risk, such as the driver’s ability, the vehicle suitability and condition in terms of safety and ergonomics, and the journey, has it been planned in terms of route, schedule and time, and so on. Step 2. Decide who might be harmed The driver, passengers and pedestrians are all relevant, as indeed are vulnerable groups such as newly-qualified or high-mileage drivers. Step 3. Evaluate the risks This will require employers to assess the likelihood of harm and whether existing systems are adequate or whether more needs to be done to improve safety. Step 4. Introduce control measures to eliminate, reduce or control the risk This would include seeking alternatives to the journey, such as using alternative forms of transport or a video link. The putting in place of systems for ensuring vehicles are maintained is also relevant, as are checks on safety equipment. Step 5. Recording of findings Employers with more than five employees must keep records of their health and safety audits. It is strongly recommended that this be carried out by all employers regardless of size to create a sufficient audit trail for subsequent inspection. Step 6. Review the assessment and revise if necessary There is a general requirement to alter an assessment in the light of actual changes such as a pattern of accidents, it will also act as a caution to employers not merely to pay lip service to health and safety. By following these six steps and putting in place a fully-active risk management strategy, fleets will be able to show that they are taking responsibility for the at-work safety of their staff who drive on business. Working time It has long been a bone of contention with me that the modes of transport statistically likely to result in my injury or early demise are all exempted from the requirements of the Working Time Regulations 1998 – namely road transport, trains, planes and ships.
Some would argue that since the Selby rail crash in 2001 – and the subsequent jailing of Land Rover driver Gary Hart who caused the accident – and the recent prosecution of an employer for breaching the regulations, resulting in a fine of £5,000 and a £1,200 compensation payment to the employee, that change to include transport is long overdue. Presently, adults are not permitted to work more than an average 48 hours per week in any 17-week period. There must, in addition, be a 20-minute break if the working day exceeds six hours. These requirements, even to a busy fleet driver, are not particularly restricting. The new regulations will introduce the concept of “Adequate Rest” which is described as regular rest periods, the duration of which are sufficiently long to combat fatigue and reduce the risk of injury. In addition, daily rest of 11 consecutive hours in 24 and weekly rest of 24 uninterrupted hours in seven days, is also prescribed. It is likely that this is more likely to impinge upon the activities of an occupational driver. Employers will also be required to keep documentary evidence confirming compliance with regulations to enable the enforcement authorities to carry out an assessment. It is this area which is likely to cause the biggest headache to employers of drivers. Conclusion If managers still need convincing that the adoption of a responsible approach to health and safety with a risk assessment undertaken, this trio of legislation should do just that. |
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