S E C T I O N S

Duty of Care - Are YOU Scared or Prepared
Recent statements from the ‘prophets of doom’ – threatening company directors and employees alike with prison sentences and massive fines for failing to take note of current and future legislation regarding employees driving on company business – are beginning to grind on the nerves of those responsible for the management of company vehicle fleets.

It has always been the case that such charges could be levelled at a company if there were sufficient grounds on which to bases charges. However, what has changed is the attitude of the government and its agencies towards what they see as an unreasonable rate of deaths and serious injuries resulting from accidents involving employees driving on company business.

The law enforcement agencies have now given a clear signal that they intend to pursue organisations who unwittingly cause accidents by putting too much pressure on their staff, or who fail to take adequate precautions to prevent from being involved in an accident. Many companies still take the view that this legislation will go away which is clearly not the case as the recently revised Corporate Manslaughter Bill illustrates.

The lawmakers have also indicated that having an inexperienced fleet manager/administrator will not be accepted. If you do not have access to such experience now is the time to find some.

The problem in preparing a Duty of Care policy is the number of unknowns. It is all very well for government agencies to threaten serious actions, when they have yet to set out what level of negligence etc. will actually attract a prosecution. For example it is clear that tiredness is a problem that is having catastrophic results. Therefore companies are expected to introduce a solution to prevent this happening to their employees whilst driving on company business.

However, no defined guidelines have yet been published as to what is an unreasonable amount of time for a company car driver to spend behind the wheel before a break is required. The popular time period appears to be two hours but is it the law. Company car drivers are not yet subject to the working time regulations that apply to ‘occupational’ drivers although that possibility is just around the corner.

As with most issues within Vehicle Fleet Management good old-fashioned common sense must prevail. Recognise that you do have a Duty of Care towards your employees, other motorists and the general public so design your policy accordingly.

First of all look at the areas that could lead to your company being prosecuted for negligence.

They fall into two general categories – Vehicle Activities and Driver Activities.

Vehicle Activities:

• Condition of the vehicle – is it safe?
• Regular servicing
• Legal requirements – RFL Insurance etc.

Driver Activities

• Licence Checks
• Penalty Points
• Workload – Do you expect too much of them?
• Accurate business mileage

These are just a few of the details on which the Health and Safety Executive expect you to have accurate records. There are also numerous other areas that all require accurate measuring if your company needs to satisfy any investigation by the Health and Safety executive.

If you outsource functions to a Contract Hire or Management Company, then much of the above will be done for you. But make sure they record all of the above in a format that can be reported to the HSE.

It is unlikely that an outsourced function can provide you with information on driver workloads in terms of daily mileage etc. so you will have to devise your own programme.

A more pressing problem for a company is the fact that Duty of Care legislation applies to any employee using a vehicle for company purposes. This means that when employees drive their own vehicles on company business – no matter how trivial – the company is responsible for the condition of the vehicle and for the driver in terms of licence and insurance.

Managing this scenario is far more difficult, but it must be done. It is estimated that 20% of private car owners drive on work-related journeys at some time, averaging eight hours a week on company business. This accounts for 36% of all corporate mileage.

It is important that you communicate with all employees who drive on company business. It should be done via an official policy document (employee handbook) in which you must detail all the areas you hold them responsible for when driving on company business.

Make sure the document includes a sign-off feature whereby the employee agrees that he/she has read and understood the instruction and will always drive according to the requirements of the Highway Code. If they fail to do but have signed the declaration then the consequences will be down to them. Such a move will demonstrate to the HSE that you have addressed areas where employees must take some responsibility.

Introduce simple procedures, sound polices and disciplines where required.

Finally always remember - “IF YOU CAN’T MEASURE IT, YOU CAN’ MANAGE IT”.

To do this you must consider desktop vehicle management system and never overlook the power of the Telematics products. If considering Telematics always remember that it is so much more than a TRACKING facility with many unique vehicle management features.