ECOSAFE Driver Management Law

HSE Leading Health And Safety At  Work Revised Edition Apr 2014
HSE Health And Safety Executive Using Contractors - A Brief Guide

Managing a driving for work policy is a legal requirement under health and safety legislation and road traffic law.

National statistics show that 95% of all accidents are caused by driver error. In the UK 65% of company vehicles are involved in an incident each year.

Road collisions are very expensive. Research shows that the cost of 'at work' road collisions are shared 40% by the employee, 30% by the employer and 30% by the community. Most drivers are only ever tested once, so driver training is normally limited to getting them to this stage. Your workforce is one of your most important assets, but telling them to drive safely and efficiently is not necessarily the same as getting them to see the benefits of these initiatives. The answer is individual driver assessment and training.

By the adoption of MORR (The Management of Occupational Road Risk) the company will be seen to be covering its responsibilities by employees and customers alike, thereby enhancing their perceptions and your reputation. MORR protects management and the workforce at the same time under the Health and Safety banner, making the workforce feel more valued because an area of their work, that can be very solitary, is identified as important and is given appropriate respect.

If anyone in your company drives on company business you are obliged to perform a risk assessment of the activity. If you have 5 or more employees, you are obliged to have this risk assessment written down. This could include delivery van drivers, company car drivers and even occasional drivers who are using their own vehicles (known as grey fleet), the employer still has a 'duty of care' to protect its employees and the general public.

HSE: Driving at work... Managing work-related road safety Revised edition April 2014 (pdf document)

HSE: Using Contractors - A Brief Guide (pdf document)

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Check Your Legal Obligations

Legislation> Key requirements
Health and Safety at Work Act 1974 Employers have a 'duty of care' for the safety of employees at work, regardless of the type or size of the business.
There is also a duty of care to others who may be affected by their business activities, which, in the case of driving, means all other road users.
Management of Health and Safety at Work Regulations 1999 Employers are required to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
The Workplace (Health, Safety and Welfare) Regulations 1992 These Regulations cover a wide range of basic health, safety and welfare issues including traffic routes for vehicles within the workplace.
Road Traffic Acts supported by the Highway Code The Highway Code applies to all road users and includes information on signs and markings, road users, the law and driving penalties.
It is an offence for an organisation to set driver schedules which may cause them to break speed limits and / or have payment reward schemes which in any way incentivise them to do so.
EC Drivers' Hours Rules It is the driver's and employer's responsibility to ensure compliance with drivers' hours and Tachograph Regulations. They are applicable to goods vehicles in excess of 3.5 tonnes. Tachographs must be used to record hours of driving, other work, breaks and rest periods. Additional information can be found on the DfT website (use the search function and type in "tachograph" or "drivers' hours").
UK Domestic Drivers' Hours Rules

Tachograph Regulations
The Road Transport (Working Times) Regulations 2005
The Road Vehicles (Construction and Use) Regulations 1996 Provides information regarding the safety of loads on vehicles.
Corporate Manslaughter and Corporate Homicide Act 2007 The Act introduces an important new option for certain very serious senior management failures which result in fatality. Prosecutions will be of the corporate body, not individuals, but the ability to prosecute directors or other individuals under health and safety law or the general criminal law, in appropriate cases, will be unaffected. The corporate body itself and individuals can also still be prosecuted for separate health and safety offences.