Who is responsible under "Duty of Care" legislation?
By Graham Primrose
Everyone is responsible in some way or another for Health
& Safety whether it be their own, their colleagues or anyone
else they come into contact with.But how is the communicated by
your business?
Don't let legislation DRIVE you mad!
Over the past few years we have seen major changes in Health
& Safety Legislation with Duty of Care, Corporate
Manslaughter & Homicide Act, European Time Directive, and
lately the Health & Safety at Work Offences Act are phrases
we are all too familiar with I’m sure, with many articles
published on these subjects. Where will it end? Do you understand
it all? Unfortunately it will end right on the door step of the
business and more than likely the individual director or manager
responsible for this area if you have not taken steps to make
sure responsibility is directed to where it should be. There are
not many businesses today that do not rely on motor vehicles in
one form or another as part of their business activities;
therefore almost all businesses will be affected.
For instance when someone starts in the factory, do you assume
that they can operate the machinery they will be working on? Of
course not, as you will be asking for trouble should anything
happen. Then why do most businesses allow a vehicle to be used by
an employee or contractor without checking the competence and
compatibility of the driver and safety of the vehicle without
proper Risk Assessments and checks being carried out?
Risks arising from vehicle use, need to be assessed and a
Policies & Procedures management control system put in place
to measure and control this area of any business that uses
vehicles on behalf of their working activities.
It is getting harder by the day to manage occupational road risks
and the question is how are you doing it at the moment? Not sure?
Then you need to get your system checked and up to date as
ignorance is not a defence should you be in the unfortunate
position of an incident occurring. There are endless questions
that you could ask to qualify the previous question, and it will
no doubt alert you to the risks involved. However, what excuse
will you make when faced with possible prosecution regarding an
incident with a vehicle that one of your employees or contractors
used while on your company business? Will your policy and
procedure document withstand close scrutiny? Don't be under the
illusion that the company vehicle / employee handbook you have
issued over the years will be sufficient; you will actually
require a comprehensive policy and procedure document that covers
every aspect of the individuals’ responsibilities who are working
on your behalf.
The lack of urgency that many businesses put on the issues raised
above is amazing. There seems to be an element of fear in any
proposed changes, an uncertainty of how it will affect the
business, and who is supposed to be in charge of what and who
makes the final decision compounded by cost implications, it is
easy to see why this area is often neglected. However, could you
afford an accident or investigation, or lose a key member of your
operation and all the costs involved in replacing them? Putting
in a management system will actually help reduce your costs in
the long term.
There is no right or wrong way to procure or manage your fleet as
every business is different. You know your business better than
anyone, so find a company who will listen to you and give you
what you require with flexibility to offer a full package of
services could be best for you in the long run as they tend to be
totally independent. They can offer impartial advice and bespoke
the services to the businesses' specific requirements and, most
important of all, allow you to stay in control by working with
you.
Those individuals who drive as part of their employment are five
times more likely to be killed at work than any other industrial
accident. By introducing occupational road risk assessments,
training and having better communication can reduce this
dramatically.
Graham Primrose of Fleet Management Solutions (UK) Ltd, says that
“Duty of Care” legislation needs to be taken seriously and once
businesses get past the fear aspect of what it is all about and
defining the different departmental responsibilities then they
can move forward.
Therefore don’t let legislation DRIVE you mad; ask for help to
install a satisfactory management control system that suits your
business. By engaging a Fleet Management Company to carry out an
audit of your current situation, will highlight the areas that
will require immediate attention. Such as a driver training
programme as part of your system which seems on paper a sound
commercial reason to have, only 1 in 5 businesses actually
operate one.
With costs continually increasing on a daily basis this is an
area that can in a lot of cases make a dramatic saving as areas
of inefficiency can be turned round to become more efficient and
safer into the bargain very quickly.
Feel free to email me any questions that you may have and I will
be happy to answer them for you.
graham@fleetmanagementsolutions.co.uk