Health & Safety
Grey matter
Traditionally thought to be the preserve of the fleet manager, FM is often not the first role that comes to mind when thinking about business driver safety. Simon Turner, Managing Director of Fleet 21, considers the increasing risk
'grey fleets' hold within the FM industry. The current hot topic in driver safety is the risk posed by the ‘grey fleet’ – a term given to those drivers who use their own cars for business trips; a fleet which is often overlooked. In our experience, we often find that employers are unsure of how to assess this risk, what to do about it, and what the consequences might be of getting it wrong. The main risk for an employer comes from the Health and Safety at Work Act, which requires you to ensure, so far as is reasonably practicable, the health and safety of all employees while at work. Implicit in this is also a responsibility to make sure that your drivers do not put others at risk.
Three basic processes FMs should be doing, as a matter of course, are:
1. Checking that drivers have a valid licence. It is estimated that there are around 25,000 people driving illegally for companies in Britain today. [1]
2. Checking that they have valid and appropriate business motor insurance. Around 20% of policies checked through the Fleet21 system are for the wrong type of cover.
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3. Making sure they have a clear driver policy and driver handbook. Clearly communicating acceptable standards of behaviour on things like mobile phone use, and helping the driver understand their own responsibilities. This is the most simple and economical step to take.
While having a driver policy is a good start, it’s also really important that the policy is put into practice throughout the company. It’s no good, for instance, advising sales staff that they shouldn’t use a mobile while driving, if your office staff aren’t aware of the policy, or if they are aware of it, ignore it and routinely call colleagues while they’re driving. The key is to put appropriate processes in place and then continually follow them through.
Let’s consider briefly what would happen if one of your employees is in an accident while driving on company business. Firstly, you will be visited by the police and, should the police find out that the company has failed in its health and safety duties, then it and the directors will be held accountable. If found guilty, a range of possible penalties can be handed out. The financial penalty
can be up to £20,000 for each separate breach of the Health and Safety at Work Act and it is worth remembering that there could be several breaches in any one incident.
Directors can also be disqualified if found to have been negligent in their duty of care, and the company can be punished with a publicity order where the circumstances surrounding the incident and conviction must be publicised for all to see. Which ones are imposed will depend on the seriousness of the accident and the efforts made by the employer, both before and after the incident, to ensure that any shortcomings in driver policy and procedures are rectified. It’s also worth remembering that even if no penalty is enforced, defending the case can soak up a huge amount of management time and the bad publicity could be enough to ruin your brand’s reputation, so it’s best you have the right procedures in place to begin with. While many FMs may consider the grey fleet as a grey area, there is no reason why they should do.
www.fleet21drivertraining.com
[1] Research compiled by Fleet21 partner, Licence Bureau, in association with Buckingham University and Brake, the road safety charity.
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