Managing the Risk
Some Police forces have recently introduced new initiatives in their campaign to increase company bosses’ awareness of the need to comply with H&S at Work legislation in respect of Managing Occupational Road Risk.
If after stopping a driver for a motoring offence, maybe even for using a hand held mobile phone, they identify that the driver is ‘driving at work’, a senior, uniformed traffic officer may request a meeting with a company Director. The officer will ask about their risk management strategy and request to see documentary evidence that H&S legislation is being complied with by means of an adequate policy concerning ’driving at work’, suitable risk assessments, safety procedures and training etc., and most important, that work related road risk is being managed effectively.
In London, firms that fail or refuse to co-operate may be issued with an ‘improvement notice’ compelling them to take action. Throughout the UK, while there is a ceiling of £20,000 in the magistrate’s court. Depending on the seriousness of the offence, unlimited fines can be imposed in the crown court on companies as well as on individual managers.
The Police are not out to harass businesses, but to encourage them to operate responsibly. While action on these lines is designed to make companies feel uncomfortable when not fulfilling their responsibilities, the Police point out that their role is also to offer support and guidance.
Revised ACPO guidelines also recommend that, in the case of a fatality or relatively serious incident, the HSE should be contacted when there is sufficient indication that failures in safety management by the employer have significantly contributed to the incident. In the worst cases prosecutions for manslaughter cannot be ruled out.
The Health & Safety Executive has confirmed that employers have a ‘duty of care’ to take all reasonable and practical steps to ensure the health, safety and well-being of employees while at work and have a responsibility to ensure that others are not put at risk by their work-related activities. ‘If an employer fails in that duty, there could be an issue of criminal liability’.
The bottom line is that potentially ANY EMPLOYEE driving at work in either a company vehicle; private vehicle or even a hired vehicle could be the cause of such a visit / investigation by the Police and possibly the HSE as well.
What would the consequences be for YOUR Company?
How can RoSPA help?
At RoSPA we have considerable experience in helping companies of all sizes achieve their objectives in Managing Occupational Road Risk - either by simply providing sound advice or by helping them choose from a selection of RoSPA products and services ranging from Risk Assessments to Driver Training.
Call today to arrange your free consultation………0121 248 2124
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