When dealing with the health and safety of their staff, companies have few problems tackling issues within the workplace. Why, then, should their attitude be any different when it comes to that workplace on wheels – the company vehicle?

A company’s duty of care for company drivers is already covered by more than 20 pieces of legislation. But with the impending Corporate Manslaughter Bill, responsibility for gross failures of duty of care could be pinned on a firm’s senior management. So, there are various risk management issues that fleet managers should be considering as top priority:

In-car distractions

The government estimates the new child restraint regulations could prevent over 2,000 deaths or injuries per year

Although in-car devices such as satellite navigation (sat nav) can help busy company car drivers, there are a couple of issues that are sometimes neglected that can impact on driver safety.

Consideration needs to be given as to where the devices are installed. Poor placement can affect important safety features such as airbags, or worse, pose an injury threat to the driver in the event of a collision. Incorrect fitting and placing of brackets for mobile phones – often at knee level – can be potentially lethal in a road crash. Drivers also need to be educated on the correct usage of these devices. Although sat nav and mobile phones can be important tools for the driver, they need to be used in a manner consistent with road safety advice. Hands-free kits for mobile phones ensure the driver is able to maintain concentration on driving. Likewise, sat nav users need to ensure their eyes remain fixed on the road, and not on the screen that accompanies the device. Audio-based sat nav systems avoid the visible distraction of the screen and allow drivers to devote full attention to their driving.

Given the important safety considerations relevant to the installation of in-car devices, the onus is on fleet decision-makers to ensure drivers comply with the company’s risk management criteria when any equipment is fitted. This should involve introducing a company policy for drivers to obtain permission before any ancillary equipment is fitted to a vehicle. The positioning of aftermarket equipment should be approved by the vehicle owner, including contract hire and leasing companies, as well being compliant with vehicle manufacturer guidelines.

Load carrying

Unrestrained loads in cars – especially estates – can cause major accident damage and personal injury by becoming a missile, “flying” through the vehicle if the driver brakes or swerves suddenly. Load-restraining features – common in the commercial vehicle sector – are either not fitted or not used by car drivers.

Load-carrying risks can be minimised by ensuring that all vehicles driven on business are capable of safe load carrying. This means the need for restraining hooks, straps and cargo nets. Smaller items should be inside a storage box, secured in the boot. These recommendations apply to all motor vehicles, regardless of their size. Staff should make sure that they understand that the biggest single “unrestrained” risk is from passengers not wearing a seatbelt or child restraint.

A risk assessment of load carrying in or on vehicles is needed to help identify potential hazards, with the company devising safe work practices and drivers who may need training to ensure these are implemented at all times.

Child restraint devices

New child restraint regulations came into force on 18 September 2006, outlining which system the driver needs to use in cars, vans and other goods vehicles, to restrain children until they are aged 12 or 135cm tall. The government estimates that the changes could prevent over 2,000 child deaths or injuries each year. And while penalties for non-compliance are a £30 fixed penalty notice or a maximum £500 fine if a case goes to court, the worst outcome is the potential injury caused to an unrestrained child.

Fleets – through handbooks and safety updates – need to ensure their drivers comply with the new child car restraint laws, especially those with children who use the company vehicle privately.

Further details about the new legislation are available at: www.thinkroadsafety.gov.uk/campaigns/childcarseats/childcarseats.htm

Driver negligence – the consequences

An employer can be held responsible for the negligence of drivers while driving at work. The principle – known as “vicarious liability” – is enshrined in law, making the company, fleet manager and director liable for any harm caused by their drivers. Therefore, the fleet policy should clearly state that drivers must conform to all legislation. This should be stressed at induction for new drivers, in the driver’s handbook and to existing employees, all of whom should sign an acknowledgement form.

Getting the right advice

Norwich Union works with thousands of fleet customers to ensure that they manage occupational road risk and meet their duty-of-care requirements. The company’s fleet risk management team, including qualified fleet risk advisers, supplies customers with on-site help and guidance with the aim of finding solutions to problems rather than simply raising insurance premiums. Norwich Union’s fleet risk advisers also have expertise in vehicle security devices extending to vehicle parking compound security issues. This is in addition to providing advice on effective management of health and safety in the workplace.

Using Norwich Union’s considerable experience, businesses can achieve great improvements in fleet risk management, raise driver awareness to risk, and get commitment at the highest level in companies to invest in road risk. Having this commitment is the single most effective weapon in helping our fleet customers to control both their whole-life fleet running costs and their insurance premiums. No two fleets are the same and the effectiveness of our fleet risk advisers’ service is based on providing each fleet customer with a bespoke risk management solution, based on the knowledge of each individual business and its fleet operation.

If your business hands over a set of car or van keys to staff, remember: they’re your vehicles and your drivers, travelling on the journeys you decide. That makes you, ultimately, responsible for their actions. You can’t think for them, but you can make sure that when they get behind the wheel, you as an employer have done all that is reasonably practical to ensure that they are competent, well informed and have all the tools, equipment and training they need to operate that vehicle, legally, efficiently, and above all safely.

Further guidance and advice can be found at: www.norwichunion.com/roadsense
www.nu-riskservices.co.uk

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