Apr 9th

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?

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