Employers Urged To Ring The Changes Over Company Mobile Phone Use in Vehicles

Nearly one in three company car drivers have been found to be breaking the law when it comes to using a mobile phone in their vehicles, according to a new survey by YouGov for UK health and safety experts, Croner.

The survey revealed that 31% of drivers admitted using a mobile phone while driving on company business, flouting the law in the process.

The news comes in the face of tough new penalties from 27 February onwards.

This is aimed at clamping down on drivers who do not use hands-free systems to make and receive calls while driving, helping to reduce the estimated 270 people seriously injured and 20 that are killed on Britainís roads every week.

Men are seen as the worst offenders, with 39% admitting to breaking the law, while women are more law abiding, with 18% admitting to misusing their mobile phone when driving.

The Croner survey revealed that the worst place in Britain for mobile phone misuse was London, with 39% of the capitalís drivers failing to use a hands-free kit when driving.

And despite the bad reputation of young drivers, it is 30 to 50 year-olds who are the worst offenders, with over a third (35%) of those driving on company business admitting that they had broken the law at some time or other.

The new legislation will see financial penalties for the improper use of a mobile phone while driving doubled from 30 to 60, with law breakers facing, for the first time, the prospect of having their licences endorsed with three penalty points.

Croner is warning that employers are also at risk of prosecution and increased fines for allowing staff to make or receive calls while driving.

The company believes small firms are particularly at risk because they are unaware of the impact of the legislation and fail to see that they could be held responsible for the actions of employees who misuse a company supplied mobile phone.

Research carried out by YouGov for Croner last year revealed that a staggering 44% of company car drivers had not been supplied with a mobile phone hands-free car kit by their employers.

Trevor Davies, health and safety officer at Croner says: ìDriving is one of the most dangerous work activities, requiring 100% concentration and coordination. These latest figures reinforce the message that the safety of company vehicle drivers should be paramount for employers.

ìEmployers need to be alert to the fact that they could also be prosecuted if any of their employees are found to be breaking the law.

ìThey can be prosecuted for allowing company car drivers to misuse their mobile phones while driving and also for permitting an employee to use a hands-free device if they are not in proper control of the vehicle.

ìItís vital that businesses have a clear policy for phone use while driving and ensure that their staff are fully aware of what is and is not acceptable use. Those that donít, risk hefty penalties.

ìMore important, by turning a blind-eye to rule breaking they are putting at risk the lives of drivers and other road users.î

Although a business cannot be given penalty points, it can be fined the same 60 penalty under the new legislation. Both the employer and the employee could pay out for the same offence with the employee receiving the penalty points.

This could lead to companies having to pay higher premiums for company car insurance policies.

Cronerís advice to employers:

Under the Health and Safety at Work, etc Act 1974, employers have a duty to ensure the health, safety and welfare of all employees, which includes providing information, instruction, training and supervision to ensure safety whilst driving.

Employers also have a duty to reduce the risk from fatigue, lone working and the use of mobile phones while driving. Employers seeking to implement an occupational road risk policy are advised to seek professional advice.

Consult with staff and their safety representatives about the companyís policy on mobile phones and driving and review the policy periodically.

Raise awareness:

- about the dangers of using mobile phones while driving

- about the companyís policy on mobile phones

- about the benefits of switching the phone to voicemail - or completely off ñ during driving

Inform staff that you do not expect them to make or receive calls when driving.

Advise employers about the legal, financial and negative image consequences that could result from using a mobile phone while driving.

From the head of the organisation down, lead by example ñ do not use a mobile phone yourself while driving.

Ensure that journey plans include time and places to stop and rest for refreshment and to check messages and return calls.

Review work practices to ensure they do not pressurise staff into making or receiving calls when driving.

Provide training to any staff that have been identified as using a mobile phone while driving, or been involved in a crash, to establish the details and to identify what lessons can be learned.

Inform staff that you will co-operate fully with the police regarding enquiries resulting from a crash and will supply the police with all relevant information on the employee involved.

Managers should discuss this issue with their drivers during staff appraisals and team meetings. Staff should always be encouraged to report any pressure from managers or customers to use a mobile phone while driving.