HSE Guidance on Driving at Work
Many different types of vehicles are used for work purposes. Additionally, many people work on, or near the road, e.g. maintenance workers, refuse collectors, postal workers, vehicle breakdown employees and the police. It has been estimated that up to a third of all road traffic accidents involve somebody who is at work at the time. This amounts to around 20 fatalities and 250 serious injuries every week.
Mere compliance by employers with road traffic law requirements, such as making sure company vehicles have a valid MOT certificate, and that employees hold a valid driving licence, is not enough. Health and safety law applies to on-the-road work activities as well, and the substantial risks of the road must be effectively managed within a health and safety management system.
The Health and Safety Executive has published new guidance on work-related road safety aimed at any employer, manager or supervisor with staff who drive or ride a motorcycle or bicycle at work.
"Driving at work: Managing work-related road safety" has been produced in partnership with the Department for Transport and alerts employers and the self-employed to the fact that their responsibilities under current health and safety law extend to driving at work. It contains generic advice on managing work-related road safety effectively and on integrating it into existing health and safety arrangements.
Many incidents happen due to inattention and distraction as well as failure to observe the Highway Code. Employers need to consider what steps they should take to ensure that their employees use the road as safely as possible.
The guidance deals with the requirements of health and safety law. These requirements are in addition to the duties which apply to employers under road traffic law, e.g.: the Road Traffic Act; and the Road Vehicle (Construction and Use) Regulations, which are administered by the police and other agencies such as the Vehicle and Operator Services Agency.
The Health and Safety at Work etc. Act 1974 requires employers to ensure, so far as is reasonably practicable, the health and safety of all employees while at work. There is also a responsibility to ensure that others are not put at risk by work-related driving activities. The self-employed have similar responsibilities.
Under the Management of Health and Safety at Work Regulations 1999, employers have a responsibility to manage health and safety effectively. They must carry out an assessment of the risks to the health and safety of employees while at work, and to other people who may be affected by their work activities. The Regulations require employers to periodically review their risk assessment(s) so that it/they remain(s) appropriate.
Employers are required to consult with their employees, and where applicable, their health and safety representatives, on the health and safety issues covered in the guidance.
Health and safety law does not apply to commuting, unless the employee is travelling from their home to a location which is not their usual place of work.
Copies of "Driving at Work: Managing work-related road safety" (HSE Ref. INDG382), can be downloaded free from the HSE website at: http://www.hse.gov.uk/pubns/indg382.pdf.
Please read our disclaimer.