Risk Assessment

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• Risk Assessment Duty of Care

Jack Pryde Fleet Manager Fleet News Fleet
Manager of the Year (sub-100)2005
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Contents

• Background
• Implications for the organisation
• Duty of care
• Legislation
• Guidelines
• Risk assessment
• Summary

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Background

• Companies have increasingly offered drivers ECO
  and PCP type schemes as well as cash options in
  order to achieve savings which include employee
  B.I.K. Costs but the trend is now reverting to
  company cars.
• 79 of companies do not have a risk management
  strategy in place. (Nottingham business school
  Sep.2004).
• Many organisations are not meeting duty of care
  requirements in respect of their drivers.

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Implications for the Organisation

• Directors have a Duty of Care to any driver
  using any vehicle on Company Business, or driving
  on Company Insurance.
• Managers must ensure drivers are aware of their
  responsibilities, and that a feedback monitoring
  system is in place.
• A Risk Assessment of drivers work patterns and
  vehicles must be undertaken and documented.

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Duty of Care

• For a business to comply with its duty of care,
  the employer must
• Have a comprehensive road safety policy supported
  by management in writing.
• Have road safety management procedures in place,
  including risk assessment, and implement safe
  practices that eradicate or minimise identified
  risk.
• Ensure employees are given appropriate
  information, training and supervision to be safe
  on the road.
• Regularly audit the safety of journeys, and amend
  policies and procedures accordingly if new risks
  are identified.

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Legislation

• The principal legislation governing duty of care
  as it applies to cars includes
• The Health Safety at Work Act 1974. (Employers
  have a duty of care for the safety of their
  employees on work journeys)
• The Provision Use of Work Equipment Regulations
  (PUWER) revised 1998.(Defines a company car as
  a piece of work equipment)
• The management of health safety regulations
  (regulation 4 employers must make a written
  assessment of the risks to the health and safety
  of their employees)
• Road traffic act 1988 Section 87 (2) (it is an
  offence to cause or permit anyone to drive a
  motor vehicle on the road if they do not have a
  valid licence for that class of vehicle)
• Road Safety Act 2006 This was given Royal
  assent on Wednesday 8 November 2006.

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Road Safety Act 2006
DRINK DRIVING

• Introduction of Roadside Evidential Breath
  Testing
• Mandatory retesting for repeat offenders
• Alcohol Ignition Interlock Programmes

SPEEDING

• Create graduated fixed penalties in the range of
  2 to 6 points
• Ban of speed camera jammers detectors (except
  those using a GPS system)
• Increased penalty for not identifying the driver

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Road Safety Act 2006
CARELESS DRIVING

• Maximum fine raised from 2,500 to 5,000.

PROPER CONTROL/MOBILE PHONE USE

• Endorsement of 3 points 60.00 fine but
  disqualification remaining an option

USING A VEHICLE IN A DANGEROUS CONDITION

• Obligatory disqualification minimum of 6 months

USE OF SEAT BELTS BY CHILDREN
DRIVER TRAINING AND TESTING

• A new system of endorsement of driving licences
  to cover non British licence holders

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Guidelines

• The principal guidelines governing duty of care
  as it applies to cars includes
• Turnbull Report-Sep.1999 (recommends an annual
  review of control systems and risk management)
• HSC Guidelines - Directors Responsibility for
  Health Safety (Aug.2001) (guidance for board
  members and senior managers on the effective
  management of health and safety at work)
• HSC Guidelines Driving at Work Managing
  work-related road safety (Sep.2003) (defines
  best practice' encourages implementation of
  occupational driving risk management policies)
• Association of Chief Police Officers Road death
  investigation manual (police investigate all road
  deaths as unlawful killings looking at vehicle
  condition and driver fitness etc.)

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Risk Assessment

• Look for hazards that could increase levels of
  risk when driving. Invite employee feedback.
• Who is at risk? Consider drivers, passengers,
  other road users pedestrians.
• Evaluate the risk. Are existing procedures
  adequate? Are employees encouraged to drive,
  rather than using alternative means?
• Record any significant findings of the risk
  assessment.
• Review and revise procedures to ensure the risks
  to drivers are minimised.

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Summary (1)

• Take professional advice to undertake a risk
  assessment and implement a car policy which
  includes drivers using non-company vehicles on
  company business or insurance.
• (Vehicles must be fit-for-purpose, safe
  legal).
• (Drivers must be in good health and have good
  eyesight).
• (Journeys must be planned to minimise stress and
  fatigue).
• Ensure all drivers buy-in to the management
  system as outlined in the policy by signing an
  undertaking.
• This is essential to minimise the risk of
  attracting a corporate manslaughter charge.
  
• (Mobile phone legislation 3 year jail
  sentence).

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Summary (2)

• Install checking procedures for opt-out drivers
  to ensure the same levels of safety as company
  car drivers.
• (Include driving licence Insurance for business
  use Vehicle licence Mot Service history as
  well as driver health eyesight. Inform insurers
  where drivers have 6 or more penalty points).
• Ensure recruitment procedures and contracts of
  employment address critical issues
• (mobile phone use driving licence check and
  ongoing notification of penalty points health
  eyesight checks).

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Summary (3)

• Appoint a director with fleet responsibility
• (to take advice on best practice and endorse car
  policy and strategy).
• Employ a professional fleet manager or fleet
  management company to support the board and the
  drivers.
• (Fleet performance must be monitored, and
  critical issues and remedial actions highlighted
  to the board. Drivers must be fully informed
  regarding best practice and their feedback sought
  and acted upon Undertake training to address
  specific needs. Experience shows this is cost
  effective, and may be essential as part of your
  duty of care).
• Constantly evaluate, and update policy at least
  annually.
• Recommend membership of the Association of Car
  Fleet Operators (ACFO) www.acfo.org

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The Road Transport (Working Time) Regulations
2005

• Aimed at mobile workers. It targets commercial
  drivers and the crews of HGV and public service
  vehicles.
• Includes drivers of vehicles constructed or
  adapted to carry goods and light commercial
  vehicles fall within that criteria.
• The existing Working Time Regulations as amended
  last year cover all employees. This means that
  everyone who drives on business - company car
  drivers and staff in their own cars - must have
  the time that they spend travelling recorded and
  monitored.
•  
• Formal guidance accompanying the new regime is
  now available. It can be accessed via
  www.dft.gov.uk www.nurs.co.uk