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| Too many companies have a laissez-faire attitude
to managing at-work driving even though many of their employees
break the law on a daily basis, says DriveTech (UK) managing
director Jim Kirkwood |
Jim Kirkwood |
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| “An individual director may
be singled out as culpable and stand in the dock alongside
the driver who committed the offence” |
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Employers have clear legal responsibilities for the safety of their
employees when they are driving at work, but the vast majority of
companies fall significantly short of best practice both in fulfilling
their duty of care to employees who drive on business and in managing
occupational road risk. Despite a plethora of fleet safety, health
and safety and duty of care information published in the last three
years, frequent industry surveys suggest that around 80% of companies
do not have a risk management strategy, planned or in place, that
also embraces the business driver. There are presently more than 20
pieces of legislation, guidelines and protocols impacting on use of
the business car, ranging from the Road Traffic Act to the Health
and Safety at Work Act with more to follow, including promised corporate
manslaughter legislation, a Road Safety Bill and the Road Transport
(Working Time) Directive, which comes into effect on March 23 next
year. Unfortunately, it is obvious that far too many companies have
a hopelessly misplaced, laissez-faire approach to managing at-work
driving.
Each day drivers – both those on business and private journeys
– are breaking the law. This may be due to speeding, poor vehicle
maintenance or a failure to have appropriate and bona fide legal documentation,
whether that relates to insurance, MoT certificates or driving licences.
However, the facts and the seriousness of the crime(s) committed invariably
only come to light when, in the case of an employee, they are either
involved in a accident while driving on company business, stopped
in a police roadside check or are caught speeding. It is then that,
depending on the seriousness of the crime, the full weight of the
law in the shape of the police and potentially the Health and Safety
Executive fall on those involved – the driver and, in more and
more cases, their employer. Companies that are prosecuted are likely
to face extremely severe fines that, in the case of multi-national
companies, could run into millions of pounds.
Fines will reflect not only the severity of the crime, but also the
size of the company – the bigger the company, the larger the
fine. In addition, an individual director or manager may be singled
out as culpable and stand in the dock alongside the driver who committed
the offence and face a fine or imprisonment. Last year, the manager
of a Felixstowe-based haulage company was jailed for four years after
being convicted of manslaughter for failing to prevent his drivers
working excessive hours. The court heard that a lorry driver working
for the company caused a fatal accident after he had been working
for about 20 hours and had little time for “quality sleep”.
The driver was also jailed for four years for causing death by dangerous
driving. More recently, DIY store B&Q was fined £550,000
and ordered to pay £250,000 costs after a forklift truck driven
by a member of staff crushed a shopper to death.
DriveTech’s top 10 tips for companies
to avoid prosecution
1. Assess the driving capabilities
of all new drivers
2. Routinely screen driving licences
of all at-work drivers – not just company car drivers
3. Implement vehicle spot checks
– analysing general condition, roadworthiness and service
history
4. Monitor all drivers’ working
hours, including travelling time
5. Record, classify, group and statistically
analyse all accidents
6. Undertake a full risk assessment
to identify problems
7. Act on the information gleaned
and prioritise solutions
8. Design a management plan to implement
the solutions and communicate it to all staff
9. Introduce a driving safety culture
that does not lightly accept incidents
10. Provide targeted education and
training for drivers |
The court heard that the driver had been working without a lookout.
Not only are the potential sentences catastrophic for those involved,
but also the unwelcome publicity could have a huge impact on future
business success. The first step to ensuring that health and safety
best practice is in place is for companies to undertake an audit trail
of all vehicles – both company and privately-owned – used
on business and their drivers. 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 that identifies why the vehicle
was at the scene, the mechanical condition of that vehicle and the
physical condition of the driver. Following an accident and during
follow-up investigations, companies must be able to show that their
fleet is operated along health and safety best practice lines. If
asked, a company must be able to produce accurate records demonstrating
the number of hours that a driver has been on the road during a working
week, and that the company’s working practices and meeting/appointment
schedules are such that a driver is not placed in a position where
driving for excessive periods is a requirement. With regard to the
vehicle itself, the company must be able to produce records showing
vehicles are maintained in line with manufacturer recommendations
and that daily or weekly checks are carried out as to roadworthiness.
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| “Unwelcome publicity could
have a huge impact on future business success” |
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Similarly, in respect of the increasing number of privately owned
cars used on business trips, as a result of a rise in the popularity
of cash alternatives to the company car and the introduction of personal
contract purchase and employee car ownership schemes, controls must
be in place to monitor driver documentation, including business insurance,
and the mechanical condition of vehicles. When a police officer comes
calling following an accident, a company’s failure to be able
to produce such data is likely to see the organisation being charged
with at least aiding and abetting an offence to take place. In June,
a company escaped prosecution after one of its employees admitted
causing death by dangerous driving when he collided head-on with a
pick-up truck while talking on his hand-held mobile phone. The driver
was subsequently jailed for three years. However, the unnamed North
East company was able to show that they had issued the driver with
an employee handbook, which instructed him and other staff not to
use mobile phones while driving, following the introduction of new
legislation on December 1 last year. Crucially, the driver had signed
the handbook.
Whether drivers work remotely or are office-based, it is crucial that
companies lay down documented at-work driving policies and procedures
that are fully understood by employees and are backed up by contracts
of employment as well as disciplinary and grievance procedures so
drivers can be disciplined and ultimately dismissed if they don’t
comply. Thousands of at-work drivers will be breaking the law today,
but the vast majority of Britain’s companies can take giant
strides to ensure they don’t, and simultaneously protect themselves
from the threat of prosecution.
Alexandra House |
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| “In many ways, our move into
Alexandra House is the most tangible sign of our continued
success” |
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All change at DriveTechUnprecedented demand for at-work driving risk
management and driver training solutions has resulted in multi-award-winning
company DriveTech (UK) moving its headquarters to purpose-designed
offices in Crowthorne, Berkshire. The head office move follows hard
on the heels of the appointment of three new business development
directors, a marketing support director and a client support manager
to cope with the business boom. The acquisition of Alexandra House,
which is freehold and named after the daughter of DriveTech’s
founder Chris Howell, complements the company’s existing training
facilities at the Transport Research Laboratory (TRL). The new base
provides DriveTech customers and staff with a working and training
environment that is nearly twice as large as its previous offices.
The newly-opened headquarters accommodates head office staff and also
provides two training rooms equipped with multi-media facilities.
Meanwhile, DriveTech will maintain its long-standing link with the
TRL facility, which is also based in Crowthorne, as the company’s
Speed Awareness Scheme courses, run in conjunction with Thames Valley
Police, will continue to be held at the complex.
Jim Kirkwood, managing director of DriveTech says: “In many
ways, our move into Alexandra House is the most tangible sign of our
continued success. With our current growth, we needed to ensure that
we have the kind of training and working environment that will enable
us to provide excellent facilities for our staff, customers and corporate
partners both now and into the future. This acquisition represents
yet another step on our continued journey of success. ”The three
business development directors – Matt Rapier, Neil Saunders
and Debbie Singleton – will be responsible for winning new business
as fleets look to reduce their risk exposure and cut operating costs
through the introduction of occupational driving health and safety
solutions. To support the sales expansion, Martine Sable has taken
up the new post of client support manager to build on the company’s
key focus of delivering excellence in customer service. Their appointments
follow the recruitment earlier this year of David Richards to the
newly created post of marketing support director. His remit is to
build on DriveTech’s pre-eminent position in the market, its
reputation for delivering quality occupational driving health and
safety solutions and to work closely with the sales and delivery departments
to create a “sales and marketing engine” that will drive
the business forward over the next six to 12 months.
The company’s new address is: DriveTech
(UK) Ltd, Alexandra House, Wellington Business Park, Dukes Ride, Crowthorne,
Berkshire, RG45 6LS. Tel: 01344 46788. Fax: 01344 773148. The company
can also be contacted at enquiries@drivetech.co.uk
or via its website at www.drivetech.co.uk
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