| Ignorance is no answer |
|
|
|
||||||||
Thousands of companies across Britain could face legal action in the event of one of their employees being involved in an at-work driving accident because bosses are ignorant of new managing occupational road risk guidance. A survey of 200 delegates at a recent fleet industry conference at which I spoke revealed that just one person would feel ‘comfortable’ if police officers investigating a road accident in which one of their employees was involved demanded to see the company’s risk management strategy. “The survey was conducted just weeks after the Health and Safety Executive published its long-awaited guide – Driving at Work: Managing Work-Related Road Safety – which outlines the issues companies must take into account to put their at-work driving health and safety responsibilities in order. The guide also highlights companies’ legal responsibilities, the benefits of managing work-related road safety, how work-related road safety should be managed and how road risks should be assessed. The result of my survey was mind-blowing because managing occupational road risk is not a matter that has suddenly found its way on to the fleet agenda; it has been a major fleet industry issue in the eyes of the Government, the HSE and the police for at least three years. The fact that just one person out of 200 believes that their company has in place an at-work risk management strategy that would stand up to police scrutiny in the event of one of their members of staff being involved in a serious accident is a staggering indictment of British business. When asked why comprehensive risk management strategies had not been introduced most delegates cited that it was a corporate issue and not a matter they could handle individually. It is difficult to understand the head in the sand attitude of these companies. If the police and HSE choose to prosecute a business and their directors as a result of a road accident involving a member of staff, the damage caused by a court case could be catastrophic aside from the penalties imposed. Ignorance is no answer to questions in court. Company directors must wake up and realise that putting in place and acting upon occupational driving risk management strategies is a business essential. The Association of Chief Police Officers (ACPO) has produced a Road Death Investigation Manual, which, in the event of a fatal or serious injury incident, acts as a guide to police officers, who now investigate all road deaths as if they were unlawful killings. In the event that an incident involves an occupational driver, the police will be looking for evidence of why the vehicle was at the scene, the mechanical condition of that vehicle and the physical condition of the driver. That will mean companies will have to answer questions relating to vehicle servicing and maintenance schedules, employee journey schedules and working hours.
They do not realise that it is not just about getting hands-free kits fitted in vehicles. If the police are investigating an accident and the phone has been used and may have been a factor in the driver having the accident, they will put the case forward for prosecution – hand-held or hands-free. If companies cannot get a straightforward issue such as mobile phone use resolved then the chances of businesses acting on more complex matters is low. Last year, 3,431 people were killed on Britain’s roads, according to Department for Transport figures, and it is estimated that around a third were involved in at-work accidents. Meanwhile, 85% of company directors spoken to by Risk Answers while they have been undertaking more than 300 fleet risk audits do not realise that the company remains liable for staff who, while driving their own cars on company business, are involved in a serious road accident. Once again, it is astounding that the majority of companies have no idea of the extent of their liability towards their staff. We have consistently advised companies that allowing staff to drive their own cars on business, possibly as a result of them giving up a company car in favour of a cash allowance or a personal contract purchase scheme, does not remove their duty of care responsibility. How to follow the guide The majority of Britain’s fleets will require professional help to put in place comprehensive at-work driving risk management strategies to comply with tough new HSE guidance, according to independent total risk management solutions company Risk Answers. The HSE has published a 24-page guide, Driving At Work: Managing Work-Related Road Safety which, for the first time, outlines the issues companies must take into account to put their at-work driving health and safety responsibilities in order. The guide gives fleets a 60-point occupational driving health and safety checklist, which the HSE says companies should act on to enable them to adopt best practice risk management techniques, to cut road carnage or risk prosecution in the event of an accident. In evaluating at-work driving risks, issues that fleet decision-makers and company bosses must address include: driver competency, driver training, health and fitness of drivers, vehicle suitability, vehicle condition, safety equipment fitted to vehicles, giving drivers access to information to help them reduce risks, vehicle ergonomics, journey planning and route scheduling, travel time and distances travelled, particularly in adverse weather conditions. The HSE guide says: “The risk assessment should be carried out by a competent person with a practical knowledge of the work activities being assessed.” But, says David Faithful, a non-executive director of total vehicle risk management company Risk Answers and a solicitor and partner in Birmingham-based insurance solicitors Amery-Parkes: “Very few people in charge of fleets will have the knowledge and experience required to implement the guidance. “With the exception of safety-first organisations such as petro-chemical and pharmaceutical companies, the majority of companies will have to outsource the risk assessment and seek professional help and advice. “Having 10 years of experience in fleet management does not make someone ‘competent’ in health and safety terms to undertake a wide-ranging risk assessment and put in place policies to meet the new guidance and comply with tough legislation.” In the event of a serious or fatal road traffic accident involving a company employee driving on business, police investigations will focus on numerous issues, including demands placed on the employee by management, vehicle maintenance levels and reasons for the journey, and will also look to identify “serious management failures” that may have contributed to the incident. Mr Faithful says: “If criminal or civil legal proceedings follow an accident, the courts will use the new HSE guidelines as evidence of whether or not a company had in place a comprehensive risk management strategy. “Companies that fail to act on these guidelines run the risk, in the event of an accident, of facing significant fines. Meanwhile, company directors and senior management could also face large fines and possible jail sentences.” |
||||||||
| |
