Using your own car for work - the risks

Employees using their own cars for business use are a growing and often unmanaged area for most employers. Whilst employers are just getting to grips with health and safety aspects of managing their company owned fleet, the army of staff using their own vehicles for business use (or the ‘grey fleet’ as it is now known) is a growing area of concern.

Some businesses and public sector operations have accepted that an ‘occasional’ car user may use their own vehicle for business travel. However, following changes in the company car tax rules a few years ago, it has become more and more expensive for employees to have a company funded vehicle. Hence, many businesses now have not only occasional but also ‘regular’ drivers to consider.

Research suggests that when it comes to managing the at-work driving risks of the grey fleet there is a lack of management in undertaking risk assessments and management interventions.

The Health and Safety Executive are becoming increasingly concerned (and therefore more active) in relation to driving at work, following the realisation that 30% of all fatalities and serious injuries on Britain’s roads involve somebody who is driving for work. Those doing high mileage for work are the most at risk.

With the recent implementation of the Corporate Manslaughter and Corporate Homicide Act in addition to existing legislation such as the Health and Safety at Work Regulations, it is vital that employers concentrate on managing all of their exposures including the ‘grey fleet’ risks.

Statistics show that the highest risk drivers drove more often:

• in situations known to make drivers susceptible to fatigue and drowsiness (for example, driving on long journeys – more than 50 miles – after a full day at work)
• when under time pressure
• when conducting potentially distracting in-car tasks, such as mobile phone conversations, eating and drinking

Managing the Risk of Driving for Work

Just as companies should have in place a company vehicle and driver audit trail demonstrating a focus on occupational road risk management so the same applies to the ‘grey fleet’. Although the health and safety manager can rely on the caveat of ‘reasonably practicable’ which one might expect to reduce the burden on the operation, the suggested intervention should be used:

• Risk assessment of staff driving their own cars on business (if they are taking passengers these too may need to be considered if they are likely to be a distraction – particularly for carers of young children)
• Driver licence checks with confirmation against the DVLA database – for a small fee (with licence holder’s permission) the DVLA will confirm the validity of the licence along with endorsements.
• Checks on vehicle MOT tests and service documentation.
• Checks to ensure that business insurance is in place – often available at no extra cost but essential to cover driving which is not classed as ‘Social Domestic or Pleasure’.
• Checks to ensure a valid Road Fund Licence is in place.
• Clear policy and information for employees on driving whilst tired. There are simple things that can be done such as avoiding driving (where possible) in very early hours of the morning and mid afternoon, after long periods of work.
• Guidance on use of mobile phones – including hands free systems.
• Basic vehicle checks that should be completed.
• Investigation into the driver’s health – can be done by a basic employment medical questionnaire.
• Eyesight testing.
• Driver assessment.
• Awareness on route risk assessments.
• Representation on any fleet user group.
• Audit system to ensure compliance.

The above is essentially a ‘wish list’ with very few operations providing all the above but the more rudimentary actions can be instigated without too much upheaval. At the very least, the first five areas should be addressed.

Advice

Although not specifically targeted at the grey fleet, the Royal Society for the Prevention of Accidents have recently released a free short film ’Driving for Work’, which is designated to raise awareness about the risks faced and created by people who drive for work. It is divided into three chapters, each of which features a ‘typical’ at-work driver; a van delivery driver, a young sales rep and a senior manager. The film also features advice from road safety experts and members of the emergency services.

As the scenes unfold viewers will recognise character traits, situations and motivations, which are all too familiar to them as at-work drivers. The film can be used to stimulate discussion about many common road safety issues faced by at-work drivers and their managers, including:

• driver sleepiness
• speed
• distraction (mobile phone, sat navs)
• aggression

The film is available for free view on-line at http://www.rospa.com/roadsafety/resources/videos/driving-for-work.aspx

Should you have any queries or need more information on this topic, please do not hesitate to contact Oriel Gavin (Commercial Division) on 0207 330 8714.