Our article last time examined the issue of workplace transport and how many employers failed to adequately manage transport issues on their premises. This month we examine the poor relation of workplace transport - road driving in cars and light vans.

The hazards and risks associated with driving on public roads are well recognised. Every year around 3500 people are killed in the UK as the result of road traffic accidents (RTA). For an increasing number of organisations, travel on public roads is a growing part of their activities. However, whereas employers are increasingly aware of the need to assess and control the risks from work activities, when it comes to driving on the roads, the risks are all too often forgotten about or ignored.

Before continuing with this article let me make things quite clear. If people drive as part of their job they are considered to be "at work". If there are risks associated with work activities the employer has a legal duty to assess such risks and to ensure that employees (and others) are adequately protected from the risks. Therefore, employers have a legal duty to protect employees and others from the risks associated with driving.

There are a number of possible reasons why employers have failed to adequately grasp this concept and take the issue of driving seriously:

1. The heavily regulated freight and HGV sector. The safety of freight on the roads has been heavily regulated for a number of years. Operators are well aware of the requirements relating to vehicle maintenance, speed limits, driving hours etc. Because no such regime exists in relation to cars and smaller vehicles they may be overlooked.

2. The familiarity of the risks. Most people recognise the dangers associated with driving. Employers may, therefore, simply rely upon the fact that employees take responsibility for themselves when driving and expect that employees will not "do anything stupid".

3. Driving licences. The fact that an employee has passed a driving test and holds a current licence may be considered to be proof enough that they are capable of driving safely. An hour spent observing the general standards of driving out on the roads may reveal a slightly different story.

4. The general lack of concern. When five people are killed in a rail crash there tends to be (perhaps understandably) a public outcry and a sharp focus upon the safety of the railways. However, the fact that so many are killed on the roads seems to barely register.on the radar (except in the cases of some multiple pile-up) with many people. The.concern over an RTA at work may be more about damage to the vehicle rather than.concern over a particular safety issue.

5. Out of sight, out of mind. Once drivers leave the premises they may be forgotten about. The only concern may be that the person turns up for the next appointment on time. There may also be a perception that because safe driving is almost impossible to police by the employer, it is not worth worrying about in the first place.

6. RIDDOR 1995. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 do not require employers to report road traffic accidents (except in a few specific circumstances) to the enforcing authorities. This may have the effect of implying that they are not at all work-related.

Whilst all of these reasons may be valid or understandable, none is an adequate excuse for not ensuring safety of employees during driving activities.

As a work activity with significant associated risks, the issue of driving on the roads must be managed like any other. This means that employers should:

· carry out an adequate risks assessment;

· put appropriate measures in place to control & reduce risks;

· monitor the effectiveness of the controls;

· provide employees with relevant information, instruction and training.

Assessing & Controlling Risks
A risk assessment needs to recognise that RTAs can and do arise, and to recognise the factors that may contribute to their occurrence. These may include:

· tiredness;

· driving at excessive speed;

· distractions (such as mobile phones, map reading etc.);

· faulty or unsafe vehicles.

Other factors to be taken into account may be related to the severity of injury and the factors that influence this. These may include:

· vehicle speeds;

· the type of vehicle being driven;

· the safety features fitted to the vehicle such as airbags, RBS braking systems and

impact protection systems.

Many of these risk factors are well understood and easy to identify. Further information on the causes of accidents may be sought from organisations such as RoSPA or the RAC.

Once the risks have been identified, employers need to ensure that simple measures are put in place to ensure that the risk factors are controlled. These may include:

· ensuring that employee workloads are such that employees are not forced to drive at

excessive speeds to meet appointments or that they are not required to work long hours or drive long distances late in the day;

· allowing adequate time for rest breaks;

· ensuring that drivers are not expected to be available to take telephone calls whilst
driving;

· ensuring that vehicles are adequately maintained and serviced.

Additionally, policy may need to be developed relating to vehicle purchasing to ensure that the safety features are considered in any purchasing decisions.

Provision of Information, Instruction & Training (IIT)
Having made the assessment and developed a range of control measures, employers must ensure that employees are provided with adequate IIT. Much of this will be simple instruction to drivers relating to the need to observe the rules of the road and to drive within speed limits. More formal instruction may be needed regarding the use of mobile phones or the maintenance and inspection of vehicles. For some groups of employees, the need for training in defensive driving techniques may be considered necessary.

Monitoring the Effectiveness of Controls
It may be difficult to monitor whether or not controls are effective and whether employees are following their instruction and training. However, managers must make efforts to ensure that measures are being used by, for example:

· checking vehicle inspection records;

· monitoring the work logs and travel logs of drivers;

· carrying out occasional spot checks.

Where any accident is reported, or where any road traffic offence is reported, an investigation should be carried out (as would be the case for other types of work-related accident or breach of rules). Where it is found that an employee has failed to follow their instruction and training, appropriate remedial action must be taken.

For many employers, driving on public roads is the one activity likely to result in the serious injury or death of an employee, and one which would be foolish to ignore.