Eye tests for drivers

Sleep Apnoea is not restricted to obesity although there is a strong link, some people can suffer mild sleep apnoea and control their symptoms well and with guidance from their consultant are approved to drive safely. Others with medium to severe sleep apnoea will be provided with a positive airflow machine to sleep with and therefore able to drive safely. Having this condition does not preclude you from driving. Yes you do have to inform the DVLA and initially may have a period of not being able to drive, but once it is under control the DVLA will follow the consultants advice on suitability.

All very well but, court of appeal 11th April 2011 in Baker -v- Quantum Clothing Groups & Others may affect some of the above thoughts on the subject of "duty of care" that may have just shifted from "reasonably foreseeable" to "any risk" where perceived negligence, regardless of sort of following "reasonably practicable" mitigative interventions was not sufficient to protect the employer even retrospectively......

The employers duty of care has sort of become "absolute" where industrial or workplace injuries are concerned - you have been warned "known or should have known" has come to town...........

It really is quite simple. I follow the path of personal responsibility. I have been an employer amongst other things. I have also in a professional capacity been required to certify the ability of a potential employee to meet various standards demanded by an employer. Your approach is the all encompassing "nanny state" for lack of a better term, take on the situation. Any employer can have his own check list which must be met; standard of hearing, normal colour vision etc which must be certified by an appropriate practitioner the cost being borne by the individual.

In such matters one`s opinions are consistent with one`s approach to the philosophy of life.

M S

There is a clear factual basis for this, which is why DVLA have substantially amended their medical questionnaire over the past couple of years. However the assessment is still based on asking the driver if they have sleep problems, and most people with sleep apnoea are unaware of it. The questionnaire is only used for LGV driver assessment. not for Group 1 drivers.

You state that somebody with such a condition is blatantly unsuitable for a professional driving job; so how are you going to identify those with the condition? If the driver is unaware they have sleep apnoea they are not going to notify DVLA. The only reliable way to diagnose it is by sleep testing which is expensive and time consuming, which is why the transport industry is strongly resisting any moves to make it officially recommended or mandatory.

Tony

Sleep apnoea is notifiable to the DVLA. You are extrapolating without a factual basis. A common debating trick. Somebody with such a condition is blatently unsuitable for a professional driving job in the first place.

M S

I am not suggesting that the employer imposes additional requirements, merely that they ensure employees are meeting the legal standards. Many employees who are driving for work do not meet the legal standards for driving. Checking that they do is an appropriate action for employers particularly if their insurance policy could be invalidated otherwise.

Sleep apnoea is not rare. Studies estimate that 15% of lorry drivers have sleep apnoea and 300 road deaths a year and 20% of all traffic accidents are sleep related. Sleep apnoea could well be the most common single cause of road accidents and deaths.

Tony

alternatively look at the HSE guidance notes which you can find here.....

http://www.hse.gov.uk/workplacetransport/personnel/medicalfitness.htm

I did read your first paragraph Tony. It is not for employers to impose their own regulations over and above the legal requirements. And I hardly equate the rare condition of sleep apnoea as an elephant in the room. Employers would be better off ensuring that eg any points added for speeding would be considered breach of contract and as such would be grounds for dismissal..........that is a definition of personal responsibility.

M S

Read my first paragraph.

I pointed out that many drivers don't realise this, and an employer may be found vicariously liable if they did not bother to check or if they were aware of ill-health or impairment but did nothing about it.

The big elephant in the room with this is sleep apnoea, a very common problem in obesity that really needs objective testing to identify rather than just asking the driver if they get sleepy.

If the DVLA requirements were properly applied a large number of drivers would be found unfit to drive, many of them because they need glasses.

The question is how much should society expect individuals to realise they have a problem? It is a grey area, and employers are best advised to do their own checking.

Society needs to realise that if all those who fail to meet the standards were taken off the road this would include large numbers of the elderly, and many people with disabilities, and this would have a significant impact on their quality of life. It would make the roads much safer but would also mean granny or grandpa couldn't visit their family or drive to the shops.

Tony

As an observer with expert knowledge on the topic I am dismayed that nobody has mentioned "personal responsibility". Every licensed driver has a personal and legal responsibility......nothing to do with H&S. I am sad that attitudes which appear to try to shift that responsibility to others [even in error or ignorance] are not top of my hit list.

Thanks so much, Tony. That's very helpful. I see the DVLA's 'At a Glance' document is 55 pages long - I wouldn't like to see the full version!

Best wishes

NM

Driving is covered by DVLA and the Road Traffic Act. Drivers have a duty to ensure they are safe to drive and should ensure they meet the medical standards laid down by DVLA and available on their website under 'at a glance guide'. Many people don't realise this and are driving well below the standard, and are therefore breaking the law.

I would recommend the employer checks visual acuity at least every five years, either through occupational health or an optometrist, to ensure the driver can at least see safely to drive. I also recommend having a clear 'driving for work' policy that includes risk assessments, vehicle maintenance, what to carry in winter, policies for insurance etc..

Don't forget that people driving to attend courses or meetings in their own cars are driving for work and the employer has a duty of care.

Tony

Thanks, guys. So there isn't any specific H&S regulation covering this area?

NM

Our standard advice to customers is that drivers should be treated in the exact same way as VDU users, and offered eye-tests/contribution toward glasses etc as per company policy.

Publicising this acts as a good reminder to drivers that the tests should be done, and also ticks the box from the duty of care perspective.

Hope this helps.

D.

Now then, as you may rememember before starting your driving test one had to demonstrate you could read a license plate from distance with ease as a basic reasonably practicable assessment of visual acuity.

That maybe Ok for a driving test as other basic compitences are then assessed by an experienced qualified examiner which I presume you or I ain't like so would suggest simples'sss answer book e'm in for an eye test Danno.....

Hi there

Could someone please advise me what safeguards employers have to take to ensure that drivers who work for them have acceptable eye sight?

Thanks

NM