There is a
misconception that if a driver opts out of a company
car scheme then the employer is released from any
responsibility for that driver’s health and
safety. It simply isn’t true.
The employer’s liability
is no different for employee owned vehicles, which
treats a car used on company business as a ‘place
of work’. Employers still have duty of care,
although clearly this duty becomes more difficult
to deliver when the car is owned by the employee.
However, companies must spell
out their drivers’ obligations and must take
reasonable steps to ensure compliance.
Issues that must be understood
by drivers would include checking driving licences,
guidelines on using mobile phones and the obvious
requirements for keeping the vehicle in roadworthy
condition. Companies should document this information
as part of their car policy and communicate it clearly
to drivers.
Apart from the obvious duty
of care that employers have under the Health and
Safety Act there is also the threat of Corporate
Manslaughter following a landmark case involving
an exhausted driver. He was involved in a fatal
accident and two directors of the haulage company
concerned were convicted of manslaughter for being
grossly negligent.
We believe that personnel
policies need to be tightly drawn and widely circulated
to ensure that any driver using their car on company
business has a clear statement on:
- the number of hours that
they can drive, the condition of the car being used
on company business, the insurance cover required
to use the car for company business and any other
legal or safety related issues.