Fleet News

Five point checklist to cover employers' duty of care

FIVE key points of law should dominate fleet decision-makers' thinking when considering their duty of care to drivers, according to risk management firm Willis Motor Initiatives.

Following the simple rules could protect key figures in an organisation from prosecution if their drivers are involved in an accident and potentially prevent crashes happening in the first place, it says.

The five key points, identified by Willis Motor Initiatives accident management service Drive, are:

  • It could be an offence for an organisation to set its drivers schedules which could cause them to break speed limits or have reward systems which effectively turn a journey task into a race.
  • It could be an offence for an organisation (as well as a driver) to require or permit an employee to drive a vehicle which is in an unroadworthy condition.
  • There is a requirement for drivers involved in accidents to exchange names and details of insurers and where such accidents involve injury to any party, drivers must report them to the police within 24 hours.
  • All drivers must hold a valid driving licence.
  • Vehicle must be taxed and have a valid test certificate and drivers must be insured.

    Nick Williams, sales and marketing director of Drive, said: 'Car and van drivers who cover 25,000 miles or more per year as part of their job are almost at the same risk of being killed at work as those working in mining and quarrying. It is the employer's duty to minimise risk and ensure staff operate vehicles safely.

    'Staff training is not the only answer. There must be an on-going management of safety issues applied across the whole organisation.'

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