ALL THINGS LICENSING
Employees must always follow the Highway Code and it is an offence for a company to set driver schedules that cause employees to break the speed limit or other road traffic laws.
Perhaps more seriously, the Corporate Manslaughter and Corporate Homicide Act (2007) introduces an important new section for certain serious senior management failures that result in fatality.
Employee responsibilities
It’s a driver’s own responsibility to comply with traffic legislation when driving. Drivers must ensure that they hold a current driving licence for the class of vehicle being driven, and that this licence is carried when driving a company vehicle. Drivers need to notify their employer if their driving licence is suspended or cancelled, or if any other limitations are placed on it. This obviously applies to both DVLA licences and taxi/private hire licences.
Commuting: is not covered by the health and safety laws unless the employee is travelling from their home to a location that is not their usual place of work.
Drivers are also under a duty to take reasonable care of themselves and others, and I will explore some of the responsibilities that drivers have later in this article.
Company policies
If an operator employs five or more people, it must have a written road safety policy which may be a stand- alone document or part of a health and safety document. The road safety policy should be reviewed regularly to ensure it complies with current legal requirements.
A policy must:
• include consultation and ownership details (who holds responsibility for implementation and who has been consulted)
• be communicated and explained to staff so that expectations are clear
• provide information on performance indicators
• include information for third parties who drive for the business
• include minimum requirements for drivers (training and licence types)
It is important that drivers read through their operators work-related road safety policy and contact the operator if there are any questions.
62 Risk assessments and hazards
A risk assessment is vital to protect drivers and operators, and to comply with the law by helping to identify any risk level of any potential hazards. For operators with over five employees, the assessment must be documented. The findings must be shared with employees and instructions issued to comply with any required measures.
Risk assessments for work-related road safety identify the risks associated with the driver, vehicles and journey. The assessment examines whether the company has done enough to ensure safe working practice, or whether more is required to prevent harm. The overall aim is to reduce the risk of someone being injured or killed.
Operators and drivers need to be aware of the hazards that should be risk assessed:
The vehicle, including: • suitability for purpose / • maintenance scheduling • distractions (e.g. sat nav) • load to be carried
• passengers being carried (any identified needs, potential risks) / • insurance / •MOT
The journey: • length of journey / • type of roads • time of travel / •weather conditions / • speed limits
The driver: • driving experience / • competence and attitude • familiarity with vehicle / • familiarity with the route • health, fitness & lifestyle / • stress • likelihood of fatigue • distractions (e.g. mobile phones)
HOW CAN HAZARDS BE MINIMISED?
One of the overarching principles of health and safety hazard management is to try and eliminate the hazard. Clearly avoiding journeys to eliminate the hazard isn’t going to work for the taxi and PH sector so employers must try and help to reduce risks identified in the risk assessment in other ways by:
• ensuring appropriate vehicles are selected and maintenance is undertaken
• selecting appropriate drivers
Again, with a well-documented shortage of drivers who often work across different times and platforms, sometimes selecting a driver for a job is also difficult.
SEPTEMBER 2024 PHTM
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