Croner survey reveals employers think law banning use of handheld mobile phones in cars does not go far enough
Three in four employers think recent legislation banning the use of handheld mobile phones while driving does not go far enough and should include other potentially distracting activities such as eating and drinking, according to new research.
Croner, the UKís leading provider of business information and advice, carried out the survey on its www.healthandsafety-centre.net web-centre following debate over whether other activities which could distract drivers, such as smoking, listening to loud music, eating, drinking, or even shaving, should also be banned.
An overwhelming 74 percent of health and safety professionals surveyed said they thought these sorts of activities should be outlawed. A further 23 percent said that although they are distracting to drivers, they should not be made illegal, with only three percent believing they pose no danger at all.
Croner recommends that companies proactively put occupational road risk policies in place to clear up any doubts and is advising employers that failure to provide such safety guidelines could set them up for problems in the future.
Under the Health and Safety at Work etc Act 1974, employers are responsible for the safety of on-the-road employees. Acceptable driving conduct should be stated in the companyís driver handbook.
Katherine Hunter, health and safety expert at Croner, which is part of Wolters Kluwer UK says: Overall, employers seem to have been quick to enforce the new mobile phone laws across their mobile workforce, with many providing hands-free equipment for employees who are required to use their phone for work.
Other activities such as eating, drinking and smoking might not be illegal but they may cause the driver to drive without ídue care and attentioní and are therefore potentially dangerous.
While employees canít be sacked for simply snacking at the wheel, they could be disciplined for not driving safely, and employers who fail to inform employees of this could be held liable for any resulting damage, injury and associated costs.
For employees who are required to drive as an essential part of their job, losing their licence or misconduct while driving could be reasonable grounds for dismissal, as long as this is clearly stated in the company policy.
Croner is advising employers to:
Ensure employees know their legal requirements, such as not using a handheld mobile phone while in control of a vehicle
Encourage employees to take regular rest breaks while driving (at least every four hours)
Advise employees to stop for refreshments, as low energy and dehydration may reduce concentration
Ensure employees are physically able to drive (it is estimated that one in ten drivers canít see well enough to drive safely)
Hold regular road safety refresher courses to remind employees of their legal responsibilities
Ensure employees know the consequences of failing to abide by the company driving policy.
Katherine concludes: Employers should not be overly alarmed providing they have clear guidelines in place for company car users.
Although our survey shows that the majority support banning in-car distractions, in reality this would be very difficult to enforce and a ísacking for snackingí policy would be unreasonable. Implementing a common sense approach to safe behaviour behind the wheel is a more practical and
manageable solution to reducing the risk of incidents.
Croner produces a comprehensive range of guides covering all aspects of health and safety and employment law, which are available via helplines, manuals, CD-ROMs, newsletters, bulletins and the Internet.
Could company car drivers face ísacking for snackingí?.
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