Health and safety law applies equally to on-the-road work activities, and the risks should be managed within an effective health and safety system.  Indeed, the Health and Safety at Work Act 1974 states that employers must ensure, so far as reasonably practicable, the health and safety of their employees while at work, and this extends to driving at work.

Moreover, under the Management of Health and safety at Work Regulations 1999, employers should assess risks to health and safety of employees at work and to other people who may be affected by their work activities. Again, this responsibility does not stop at the workplace, and should extend to assessing road related risks.

Compliance with traffic law requirements, such as having a valid MOT certificate and insurance policy, may not be enough to satisfy an enforcement officer that you have done all that is reasonably practicable to comply with health and safety legislation.  Additional benefits to companies of having effective driving policies include exercising better control over costs, such as wear and tear, fuel and insurance premiums, fewer days off work due to injury, and fewer vehicles unavailable due to repair. If employees use their own vehicles for work purposes, employers must at the very least ensure that the employee holds a valid driving licence and that their car is insured for business use, is roadworthy and has a valid MOT certificate. They should seek assurances that the car is serviced regularly, that the employees are capable of carrying out basic maintenance checks (oil, water, tyre pressure), and that the car is suitable for the purpose and expected mileage. It is also advisable for employees to be a member of a roadside recovery organisation. If an employee claims mileage allowance for a journey it usually follows that they are “at work”.

Managing work-related road safety

Work-related road safety should form an integral part of your health and safety systems. The police are now routinely investigating the scene of fatal road accidents as to whether there could have been any work related issues that may have contributed to or caused the tragedy. As with any safety system, there should be commitment from the top level to drive the safety culture and an understanding from all employees that they know what is expected of them.

Here are some tips for employers to help promote safer driving at work:

● All road risks should be assessed so that control measures can be put in place. Consult employees on road related risks and ensure that your policy concurs with risk assessment findings. Risk assessments should be reviewed and updated to include any change in circumstances.   

● Use of mobile phones: employees should not use mobile phones whilst driving. Although legal, the use of hands-free mobile telephones should be as minimal as possible. Employers should not engage in lengthy phone calls with employees whilst they are driving, as it causes mental distraction.

● Employees should be advised not to eat, drink or smoke at the wheel, and the policy should prohibit these actions.

● Employees should drive carefully and at the appropriate speed, whether or not they are running late for an important meeting. Employers should not give employees unrealistic schedules, forcing employees to drive at excessive speeds and unable to take sufficient breaks.

● If drivers have an accident or near miss, they should  take the details of other vehicles and drivers involved, and details of any witnesses. Employers should encourage all staff to report accidents without the fear of disciplinary action being taken against them. Employee co-operation assists the employer to monitor the system effectively.

● Employers should assess drivers and their driving tasks, remembering that there are a number of factors that can affect driver competence, including age, gender, driving skills and attitudes. Do this especially following an accident or illness, and ensure there is adequate health surveillance in place.

● Employers could provide training and refresher schemes, encourage advanced driver tests and promote e-learning on driving.  Are you confident that all employees are carrying out basic maintenance checks and are not using their phone whilst driving? Do you have the systems in place to check that your policy is working? By having an effective driving at work policy in place, employers will create safer working conditions for their employees and other road users. Moreover, such a policy will help promote compliance with health and safety legislation and prove useful should an employer find themselves in the unfortunate position of facing a prosecution for a road-related accident.