Employers urged to tighten up on road safety

A leading employment lawyer is urging bosses to help reduce death on the roads this winter.

Martin Edwards, head of employment law at leading NW law firm Mace & Jones, warned that more than 65 per cent of all company car drivers will be involved in a road accident in the next 12 months. Nearly all will be down to human error and in some cases will rebound on the employer, warned Mr Edwards.

ìEmployers are legally obliged to make sure their staff are driving safely and if they cannot show they have the proper policies and procedures in place, they will be liable for prosecution,î said Mr Edwards.

It is officially estimated that one third of UK road accidents concern business drivers, involving around 20 fatalities and 250 serious injuries every week. Human error will be a contributing factor in more than 95 per cent of cases.

ìUsing a mobile phone while driving is increasingly a cause of accidents ñ and no matter how urgent, making or receiving a call at the wheel, even on a hands-free device, can lead to an accident ñ and prosecution.

ìEmployers should not ask their staff to make or receive calls while driving. Using a hands-free phone isnít on its own an offence, but if someone is distracted because he or she is on the phone and then drives badly, the police can prosecute for failing to have proper control of the vehicle.î

Research has shown that the reaction times of drivers using mobile phones are up to 50 per cent slower than normal. Other research suggests that someone using a mobile phone while driving is four times more likely to have a crash.

ìCourts are taking a serious view in careless and dangerous driving cases involving mobile phones. The penalties on conviction include heavy fines, endorsement, disqualification and, in serious cases, imprisonment. If a company is thought to be at fault, the Health and Safety Executive can bring a prosecution and an individual manager can face unlimited fines in court.

ìAt the discretion of the police and the Crown Prosecution Service separate charges of individual or corporate manslaughter could be brought, with the possibility of jail terms if it is found that the company or its managers did not conform to Occupational Road Risk Legislation.î

But companies will have a defence if they have a proper risk assessment policy and took reasonable and practical steps to limit the risk, for instance with education, skills updates, driving assessments and further training.

Mr Edwards advised employers to:

- Make sure all staff are aware that they should not make or receive calls on a mobile phone while driving;

- Ensure that journey plans include time to stop for rest, refreshment and to respond to any messages;

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

- Require staff involved in any crash when driving at work to report it to their line manmager ñ then take action to prevent repeat occurrences.

More advice at: www.rospa.com; www.hse.gov.uk.

Statistics Are Taken From: Health & Safety Executive, Reducing Risks Protecting People.