It’s a grey area!
written on 16/03/10 by Bankstone Communications
Did you know that If an employee is involved in a road crash while driving on business, irrespective of who owns the vehicle, the police will want answers to a series of questions around the vehicle, the driver and the journey.
Records relating to the maintenance of the vehicle, that it was fit for purpose and correctly insured and has a current MoT if required will all be requested; records relating to the well-being of the driver, including medical and eye sight checks will all be required; work and appointment schedules may also be examined, particularly if, for example, fatigue caused by a long hours culture was suspected as a reason for a crash blame; and details of the journey will also be examined, in relation to whether enough time was allowed.
However, an employee does not have to be involved in a fatal road crash for the long arm of the law to strike either their employer or managers/directors. Various legislation, including the 1974 Health and Safety at Work Act and the Management of Health and Safety at Work Regulations 1999 highlight that, so far as is reasonably practicable, firms must manage the health and safety of all employees while at work and that includes when driving their own vehicles on business.
As a minimum you should ensure the following information is recorded and procedures implemented as part of your grey fleet driver checks
•Check validity of employees’ driving licences and for those with points check licences as frequently as quarterly
•Check business insurance cover is in place
•Check vehicles are serviced and maintained in accordance with manufacturer recommendations
•Ensure vehicles have an MoT certificate if applicable
•Ensure own-use vehicle drivers have to report accidents
•Ensure the vehicle being driven is suitable for the job
•Implement a vehicle age and CO2 cap
•Implement a cap on the number of miles to be travelled annually
•Ensure all drivers undergo a risk assessment and use the results to trigger further training
•Introduce eye sight checks for all drivers and make notification of medical conditions compulsory
•Remind drivers of key issues – no mobile phone use while driving, take regular breaks, plan journeys, check tyre tread and pressures etc. – with regular communications to develop a safety culture within the business
Bankstone Advantage Ltd can help you maintain a dedicated grey fleet accident and risk management program, why not give us a call to see how we can work together to offer you and your drivers a helping hand.