Duty of Care

All employers have a duty of care towards their employees to maintain their health and safety whilst at work. Although the motor vehicle is not yet a formal extension of the workplace, the Health & Safety Executive has confirmed that the health and safety regulations do apply when it comes to vehicles being driven for work purposes.

It is therefore incumbent upon employers do everything practical to ensure that employees are equipped to drive in a safe manner. This starts with informing them about what they can and cannot do whilst in charge of a motor vehicle, and then ensuring that both they and the vehicle are not only legal but also fit for the purpose.

The following extract comes from the first few pages of the Health & Safety Executive’s publication ‘DRIVING AT WORK. MANAGING WORK-RELATED ROAD SAFETY’, the full text of which can be viewed online at www.hse.gov.uk/pubns/indg382.pdf

YOUR LEGAL RESPONSIBILITIES

This leaflet deals with the requirements of health and safety law. These requirements are in addition to the duties you have as an employer under road traffic law, e.g. the Road Traffic Act and Road Vehicle (Construction and Use) Regulations, which are administered by the police and other agencies such as the Vehicle and Operator Services Agency.

The Health and Safety at Work etc Act 1974 requires you to ensure, so far as is reasonably practicable, the health and safety of all employees while at work. You also have a responsibility to ensure that others are not put at risk by your work-related driving activities. (Self-employed people have a similar responsibility to that of employers.)

Under the Management of Health and Safety at Work Regulations 1999, you have a responsibility to manage health and safety effectively. You need to carry out an assessment of the risks to the health and safety of your employees, while they are at work, and to other people who may be affected by their work activities. The Regulations require you to periodically review your risk assessment so that it remains appropriate.

You are required to consult with your employees, and where applicable, their health and safety representatives, on the health and safety issues covered in this guidance. Health and safety law does not apply to commuting, unless the employee is travelling from their home to a location which is not their usual place of work.