Requirements on companies sending staff out on company business

Kelly Mansfield - Workplace Law Network
Online advisor - 60 posts

Hi Paul,

There are a few aspects to your query, namely:
- vehicle maintenance;
- driver capability; and
- the effect of the Corporate Manslaughter and Corporate Homicide Act 2007 on issues around driving at work.

All of the above are discussed in Workplace Law's newly published Corporate Manslaughter and Corporate Homicide Act: Special Report, which I have referred to in order to answer your query.

The Corporate Manslaughter Act doesn't itself introduce any new duties but does place a new focus on the actions of senior management in managing health and safety. It also means employers / fleet managers need to address their insurance policies to ensure they are covered for action under the new Act.

The police are already involved in investigating road accidents and under the Act will assume further responsibility for investigating workplace deaths.

John Maslen, author of a dedicated chapter on driving at work in the Special Report, offers the following information:

"Police officers investigating fatal crashes are told to assume the death is an unlawful killing until proved otherwise. Therefore, fleet managers must expect all fatal crash investigations will be extremely thorough and will involve delving into all of the relevant health and safety and employee duty of care procedures and policies in place within a fleet...

"The police will lead most most investigations, but the HSE should be contacted when there is sufficient indication that failures in safety management by the employer have significantly contributed to the accident...

"The following are instances where this might apply:

- Driver competency: The employer has failed to ensure that drivers are competent and capable of doing their work in a way that is safe for them and other people; for example, has the employer considered whether the driver has the necessary driving licence and if so whether further training is required?
- Fitness and health: The employer has ignored obvious signs that an employee is unfit to drive; for example, from the effects of drink or drugs.
- Vehicle suitability: Vehicles are being used for a purpose for which they were not intended; for example, saloon cars used to transport heavy or bulky goods without appropriate means to secure the load safely.

"In the event that an accident involves an employee driving on company business, the police will be looking to establish:

- why the vehicle was at the scene;
- the mechanical condition of the vehicle - regardless of ownership;
- the physical condition of the driver, including the signs of fatigue; and
- the legalities of both vehicle and driver - licence, MOT, insurance, etc.

"It is for these reasons that a vehicle and driver audit trail is required to show that the policy for employees driving on company business is based on health and safety best practice guidelines...

"If you believe that the employee has a responsibility to look after a vehicle, think again. If you require the employee to check safety systems, document this and most of all train the employee how to do the checks and monitor that they do.

"If the employee is using their own vehicle, implement a reasonable system to ensure the vehicle is properly maintained. Do not forget that if the employee is acting in the course of their employment, the fleet may still ultimately be held responsible for the employee's negligence by virtue of vicarious liability, whoever owns the vehicle."

I hope the above information answers your query. The Special Report goes into further depth on occupational driving issues in relation to corporate manslaughter, see: http://www.workplacelaw.net/news/display/id/13879

You should also look out for a dedicated report on driving at work from Workplace Law (Driving at Work 2008: Special Report) due to be published on 21 April, which will provide comprehensive guidance on compliance issues surrounding occupational driving.

Best wishes,
Kelly Mansfield
Head of Network

James Fairchild
Member - 210 posts

As an aside, having a manager see (and take copies of) an employees licence each year (along with new starters) could go some way to identity-checking employees (even ones who don't drive).

Re insurance, there are add-on policies that a company can purchase to upgrade its own employees' policies to business use - compare and contrast this (along with the seemingly impossible requirement to measure roadworthiness of a private car) with the idea of having a pool car.

A company I used to work with had a very good idea of making all company cars effectively become pool cars when parked at the office - just be aware of the smoking regulations if you decide to implement this idea.

Diarmuid Fahy
Member - 16 posts

Anybody using a car for business, however it's provided, should be viewed as coming under PUWER and treated as such. They must be assessed as being competent to use the equipment (ie have a valid licence at least), it must be fit for purpose (ie the correct type of car, suitable for the journey), and it must be properly maintained (taxed, serviced, MOT'd and insured for business use).

From a duty of care perspective it is essential that an audit trail is available to demonstrate that these boxes have been ticked for all amployees who drive on business. It's a relatively easy task when it comes to fleet-maonaged company cars, but a logistical pain in the fundament for the "grey fleet".

As James says above, far better to use a pool car, an idle company car or just hire something for the day.

RUSSELL HILL
Member - 27 posts

I agree with the comments above. The more you ask people to drive their own cars on company business whether it be frequent or occaisional puts you at risk. Not only do you need to make sure you are managing the drivers and the vehicles you must show this with the audit trail. One area not mentioned is all the people who may also drive the company car such as wives, husbands children etc. These all need to be managed as well.
Driving for work is probably going to one of the biggest areas of risk for most companies.

Martin CMIOSH
Member - 6 posts

the responses so far have missed one vital element. Drivers are inherently safer in their own car, than one they are not familar with. Typically company cars (and often pool cars) are large vehicles >1.8 litre, but if the driver is used to a 1.1 litre Fiesta the driving experience is very different. Their concentration is directed on driving the car rather than on what's happening on the road.

It is difficult to balance the risks on both sides of this coin, and I'm not advocating the use of the employees own car in every situation, but this factor needs to be considered.

Jamie McKeenan
Member - 1 post

We have a large number on casual workers who, if they drive at least 2 other members of staff to a place of work will be paid a mileage allowance. Are the regulations any different for casual workers?