Current Legislation
Current UK Occupational Road Risk Legislation
The following existing Legislation affects employers of anyone who drives at work, whether in a company vehicle or their own vehicle.
Health and Safety at Work Act
This act requires the employer to ensure, as far as reasonably practicable, the health & safety of employees (full or part time) while at work. This now includes work-related journeys and covers all drivers whether they are in company vehicles or using their own vehicles for business use. This extensive legislation applies to temporary drivers and freelance, agency or contract workers as well as full-time and part-time employees.
Health and Safety at Work Act Overview:
- Do you have a comprehensive, regularly updated, road safety policy supported by management?
- Do you have road safety management procedures such as risk assessments in place and implement safe practice to minimise identified risks?
- Do you regularly audit journeys and amend documentation when new risks are identified?
- Do you make sure all staff are given training and relevant information to ensure they are safe on the road?
Management of Health & Safety at Work Regulations 1992 (updated 1999)
These regulations enforce the requirement for companies to carry out assessments of risk to the health & safety of employees while they are at work and to the people who may be affected by their work activities.
Provision and Use of Work Equipment Regulations 1998 (PUWER)
PUWER requires that work equipment - including company vehicles and employees' own vehicles - are suitable for intended uses and are safe, regularly inspected and properly maintained. It also requires employers to ensure that those using the equipment are properly trained, enforcing the need for (annual) driver & vehicle risk assessments.
Reporting of Injuries, Disease and Dangerous Occurrences (RIDDOR)
RIDDOR, currently under major review, sets out the way workplace injuries are reported. The outcome of the review could see companies having to provide details whenever their drivers have been injured in motoring accidents.
Working Time Regulations
The Working Time Regulations enforce that you should monitor the number of hours employees drive at work. Employees must not exceed more than 48 hours per week when averaged over a 17 week rolling period.
Road Death Investigation Manual
This manual published by The Association of Chief Police Officers, is used by the Police for all serious motoring incidents. An employer can see the type of questions that the Police will now ask them by going to www.acpo.police.uk.
HSE Guidelines - 'Driving at Work: Managing work-related road safety'
The document is now the cornerstone of all ORR activity in this area. It determines that a business MUST have an 'audit trail' in place further to carrying out a risk assessment of the company's occupational road risk, the drivers and their vehicles, and have appropriate risk mitigation plan/s in place.
Other relevant existing Laws:
- The Road Traffic Act,
- Road Vehicle (Construction & Use) Regulations,
- Transport Act 2000,
- Hand Held Mobile Phone Legislation,
- Employment Act, Disabilities Act,
- The Human Rights Act,
- Equal Opportunities Act
Additional legislation coming into force in 2007, under the Road Safety Act 2006, including:
27th February 2007 - Increased fines and penalty points for use of hand held mobile phones whilst driving
- Increased fines and custodial sentences for causing death by 'careless or inconsiderate driving' (CID)
- Increased fines and custodial sentences for causing death whilst unlicensed, disqualified or uninsured
- Improved DVLA checks & Fixed Fines for being the registered keeper of an uninsured vehicle
- Increased penalty points for speeding offences and the ability to enforce retraining of persistent offenders
- Tougher treatment of foreign drivers who evade penalties for breaking UK law
Corporate Manslaughter Bill - 2007/2008
The Bill has received Royal Assent on the 27th July 2007, and will come in to force in April 2008.
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