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Employers Legal Responsibilities

From the HSE Publication Driving at Work – Managing Work Related Road Safety (see http://www.hse.gov.uk/pubns/indg382.pdf) which deals with the requirements of health and safety law.

To manage your Occupational Road Risk you need to:

  • Have a comprehensive road safety policy as part of your overall Health and Safety Policy which is supported by senior management.
  • Have Road Safety Management procedures including risk assessments for drivers, vehicles and journeys.
  • Establish managers’ roles and responsibilities in managing occupational road risk and ensure that they are able to enforce company policy.
  • Compile and review claims statistics to identify trends and high risk areas.
  • Give drivers relevant information, supervision and training to minimise risk and ensure their safety on the road.
  • Review policies, procedures, claims, working practices including journey planning and amend as required to minimise any newly identified risks.

Defensive Driver Training - image HSE Publication Driving at Work - Managing Work Related Road Safety

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 19742 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 1999,3 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 traveling from their home to a location which is not their usual place of work.

HSE Publication Driving at Work - Managing Work Related Road Safety

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