You may not realise it but you could be breaking the law.
The most relevant legal obligations, which the employer has to meet, are those relating to Health and Safety law. These obligations are summarised below, but please note that they are in addition to the duties an employer has under other legislation such as Road Traffic law.
The Health and Safety at Work Act 1974 requires the employer to ensure, so far as is reasonably practicable, the health and safety of all employees while at work and to ensure that others are not put at risk by work-related driving activities.
Under the management of Health and Safety at Work Regulations 1999, the employer has a responsibility to manage health and safety effectively. You are required to carry out a regular 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.
These health and safety legal responsibilities apply to the employee who drives as part of their job as much as to the employee who works in a factory or office environment.
The Management of Health and Safety at Work Regulations 1999 requires that every employer has a legal responsibility to make a regular assessment of the risks to the health and safety of their employees while at work, and to take remedial action as necessary.
Many companies hire employees and provide a company vehicle for business and personal use. However;
Driver Fatigue
A recent case which should be borne in mind is that of potato company 'Produce Connection' which was fined £30,000 after an employee crashed and died on his way home from working a third consecutive shift of nearly 20 hours. The case is thought to be the first of its kind as the company admitted to 2 breaches of the Health and Safety at Work Act (failure to ensure the health of employees and the public) even though the accident occurred outside working hours.
HSE guidance stresses that fatigue should be considered when assessing drivers ' fitness to drive both during work and commuting. The Working Time Directive clearly has a bearing on this but further measures such as the identification of suitable rest breaks along the route must be considered.
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