| The Current Environment |

Changes to Corporate Manslaughter laws could spell trouble for employers whose staff are involved in serious road traffic accidents. The changes, which come into force on 6 April 2008, could leave your company open to prosecution for gross negligence – even if no company car is involved!

RoSPA launched its campaign for the Managing Occupational Road Risk (MORR) in 1996. The HSE have concluded that “between 25% and 33% of all serious and fatal road traffic incidents involve someone who was at work at the time”. This means that in 2001, between 862 and 1,035 people were killed in road accidents, in which somebody was ‘at-work’.

The risk of serious or fatal injury experienced (and created) by those who are required to drive on the road as part of their work remains a largely unrecognised health & safety issue - even though it is clear that simple control measures can produce major human and financial cost savings.

Businesses need to have a clear understanding of the risks involved when their staff are driving for work-related purposes and ensure that they extend the arrangements which they should already have in place to deal with other aspects of health & safety to road safety performance.

According to research carried out by Royal Society for the Prevention of Accidents (RoSPA):

car and van drivers who cover 25,000 miles each year as part of their job are likely to be at almost the same risk of being killed at work as those working in mining and quarrying;
from 3,500 road accident fatalities every year, it is estimated that between 800 and 1,000 occur in accidents involving people who are at work at the time, compared to around 350 other notifiable fatal accidents per annum;
HSE guidance states that employers have duties under health & safety laws to assess these risks and take ’reasonably practicable’ steps to ensure ’safe systems of work’;
companies that take action to promote the safety of their staff whilst driving will achieve major cost savings, improve their image, and make a significant contribution to meeting UK road safety targets.

To ensure that a business has the capacity to address occupational road risk (ORR) systematically and to achieve a cycle of continuous performance improvement, they are advised to make sure that:

clear corporate ORR goals and objectives are communicated throughout the business;
key people are trained and made accountable for achieving such goals;
there is a planned approach to reducing risk (informed by risk assessment and supported by standards, targets, and timescales);
there is effective monitoring of both management and driver performance; and;
the business is committed to periodic performance review to feed back lessons learned and address weaknesses.

| What Is The Current Legislation? |

The Health & safety at Work Act of 1974 requires you to ensure, as far as is reasonably practicable, the health & safety of employees while at work.

Under the Management of Health & safety at Work Regulations 1999, employers have a responsibility to manage health & safety effectively. A business needs to carry out an assessment of the risks to the health & safety of their employees while they are at work, and to other people who may be affected by their work activities. This includes work-related driving activities.

Employees driving on company business are considered to be undertaking a work activity and the vehicle they are driving, regardless of ownership, is regarded as a place of work.

The Health & Safety Commission recently issued a series of guidelines covering the employer's responsibility towards the employee. This included the recommendation that every company appointed a director to be responsible for Health & Safety – this includes ‘Driving at Work’.

Health & Safety law does not apply to commuting, unless the employee is traveling from their home to a location for business purposes, which is not their usual place of work.

| Why Is There A Spotlight On This Issue? |

The Government has clearly indicated that it intends to pursue a policy of reducing road traffic accidents and has set tough targets. Research has confirmed that individuals driving on company business are more likely than other road users to be involved in an accident resulting in death or serious injury. Hence the reason why there is an increased focus by the authorities on work related driving. Existing Health & Safety legislation is now more likely to be used in a bid to reduce the accident toll. Companies are now more likely to be investigated by the police and Health & Safety Executive (HSE) in the wake of a serious road traffic accident.

| What Are Your Business Responsibilities? |

Businesses can no longer take the risk of ignoring their responsibilities with regard to managing the risks associated with 'driving at work'. Employers incorrectly assume that provided they comply with road traffic law requirements, for example company vehicles have a valid MOT and that their drivers hold a valid driving licence, this is enough to ensure the safety of their employees, and others, when they are on the road. (This is simply not true!)

| Does This Include The Use Of Private Vehicles? |

Ownership of the vehicle is irrelevant. Companies have the same liability for individuals who drive their own vehicles on company business as those who drive company owned fleet vehicles. Don't be fooled into thinking that by abandoning the traditional company car in favour of the cash for car alternatives that you can get rid of your duty of care - you can't!

In some respects the risks associated with the use of privately owned vehicles are greater. This is due to the fact that you actually have less control over things like maintenance, tyres and suitability of the vehicle for the task.

| So What Do We Need To Do? |

In real terms you should have a road safety management system for driving at work just as you would for any other work related activity. This should include:

Provision of Road Safety Policies supported by Top Management;
Provision of Road Safety Procedures including Risk Assessments for Drivers and Tasks;
Provision of appropriate Driver Training, Information and, if necessary, Supervision;
Regular checks on the Vehicle Fleet to ensure they are fit for purpose;
Regular checks on Driving Licences in order to verify their status;
Maintain and review both Vehicle & Driver data, looking for common trends and risks.
Regular compliance audits to validate the Road Safety Management System.

| How Can Rock Automotive Help? |

Rock Automotive Ltd is part of the Rock Group of Companies.

Rock Automotive accept the fact that this issue should be addressed by businesses within the framework they already have in place for managing health & safety at work; however MORR is a complex area and one that may require a bespoke management programme.

Our Principal Consultant, Richard Burgess, has extensive experience within the automotive compliance arena; Richard has built up an enviable level of expertise and indeed has developed a robust Road Safety Management System. The system includes a bespoke database specifically designed to monitor all your company motor fleet and driver information. The data can then be collated, analysed and reported to both your board of directors and your insurers. Richard has proven during his time working on MORR that significant cost savings (up to 20% of insurance premium) can be made through effective management of a businesses motor fleet and more importantly its drivers.

Rock Automotive can provide you with all the guidance and practical solutions required to ensure your business is able to manage work related road safety efficiently and effectively. Whether you require an initial risk assessment, driver training courses or help to implement a complete Road Safety Management System, Rock Automotive can provide you with a solution to meet your requirements.