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#1 Posted : 17 May 2005 12:26:00(UTC)
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Posted By Ron Young Opinions please. Six months ago I introduced a very strict Occupational Road Risk Policy into my company. It met with a lot of resistance because we asked our drivers to provide us with lots of information e.g. copies of licences, proof of business use car insurance, vehicle servicing etc. I'm now in the throws of reviewing said policy and there have been suggestions by affected people that those who only drive occasionally should only sign a declaration that they are fully complying with the policy. Would a declaration of compliance with company policy and occasional spot checks be sufficient or do we continue with the request for proof. For info, I refer to car drivers only.
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#2 Posted : 17 May 2005 12:36:00(UTC)
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Posted By chrys r martin I believe that you are not permitted to take copies of licences / insurance details etc re the data protection act (?) - you are allowed to see them and record same, - how about a statement on the expense claim form that all relevant company rules are complied with at the time of the claim - ? If claims are weekly then you have a record that is updated automatically.
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#3 Posted : 17 May 2005 12:50:00(UTC)
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Posted By Jonathan Breeze I would dispute what Chris has said. You can take the details but they must be kept under lock and key and not be circulated to third parties without the consent of the person to whom the details belong. Ron, put the question in another context say Quality Control to see if it works. Would you allow QC passed product off the premises based solely on an unverifiable signature of a staff member? Answer: No. You would have a series of checks and balances that could be audited - i.e. an audit trail, to ensure that the wool was not being pulled over the corporate eyes by an unqualified QC employee. Would you employ a fork truck driver on the grounds of a signed declaration that he had completed training and was competent and capable? Again: No. You would check to see their certification was current to do the job. Again an audit trail is created. The same applies with driving at work. If you rely on a system where it is your word against somone elses, without any formal evidence then you will come unstuck.
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#4 Posted : 17 May 2005 20:02:00(UTC)
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Posted By Stuart Nagle I agree with Jonathan. My opinion is; You have a policy that requires evidence of compliance to be provided. Therefore if no evidence of compliance is provided, there is no evidence of compliance, only someone saying that compliance has been observed. This would be regarded as a unacceptable loophole in any other system, and therefore could not be regarded as suitable and sufficient control of the risk. Regards... Stuart
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#5 Posted : 17 May 2005 23:28:00(UTC)
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Posted By Jason Touraine I have something similar in place which has been accepted (eventually). I think you need to keep it simple. Don't take copies but get managers to record that they have seen it. Do it during annual reviews.
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#6 Posted : 18 May 2005 09:31:00(UTC)
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Posted By Ken Taylor For those who drive our vehicles, we require the head of each establishment to submit an annual return signed by him/her for each driver giving details from the licence, etc. We have not required a return for private cars but referred to this in an appendix to our H&S Policy.
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#7 Posted : 18 May 2005 16:15:00(UTC)
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Posted By John Mackessack Ron, Signed declarations are a bad idea for one reason: If employee 'Mr Joe Bloggs' has lost his licence through totting-up or a ban, it is unlikely that you will know, unless he wants you to know. Joe may well sign the disclaimer to protect his livelihood. He takes the risk of being caught out - but ONLY when it goes horribly wrong. This leaves company, Joe and his victim(s) in the mire. The above is completely foreseeable and I would say it is 'reasonable' to expect someone to hide motoring convictions if their livelihood is threatened by the truth. Therefore, the relatively simple task of a company representative periodically inspecting the licence and recording this fact is worthwhile. John
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#8 Posted : 18 May 2005 16:32:00(UTC)
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Posted By Jonathan Breeze I like the idea that is developing here of an independent 3rd party or manager signing to confirm they have seen the documents. Assuming that they know what they are looking for it may be a useful negotiating position to fall back on. That way you get what you want i.e. sight of the required documents and staff have the assurance that the information is not going to be shown around the office. The only problem might be if management objects to the imposition.
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#9 Posted : 18 May 2005 16:49:00(UTC)
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Posted By Fred Pratley You do not need to copy the documents (and I would avoid this) but experience shows that you should at least see the required documents and confirm their status annually (usually on the insurance renewal date) on a form of some kind. All drivers must countersign and declare that they must advise the company of any licence /insurance changes (penalty points, medical conditions restrictions etc etc) as they arise or face face dismissal and (of course) declare they have nothing pending at time of renewal. If your are fair and equal in apllication of the rules, people rarely object because they have to do this for valid insurance anyway.
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#10 Posted : 18 May 2005 16:58:00(UTC)
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Posted By Robert K Lewis Interestingly I was told of a way to always ensure that you had a clean licence to show your employer. It involved having a duplicate licence which was used in normal circumstances - enough said. The DVLA is weak in its system of issuing replacements. As to whether you need to see all licences every time is really down to what percentage audit you define as necessary to give you confidence in the conformity. Previous audits may show people to be essentially straightforward and so the sample percentage could be reduced with a random selection taken during the intervening period. Bob
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#11 Posted : 18 May 2005 18:41:00(UTC)
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Posted By Merv Newman I agree that a periodic sight of the actual documents is necessary. However it is none of an employer's business if I loose a few points. So long as I have at least one point left and I am still insured then I can drive a vehicle. If I lose my licence then that IS my employer's business. I should commit to telling them of that.
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#12 Posted : 19 May 2005 08:40:00(UTC)
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Posted By Ron Young This is a good discussion and to me it shows the value of this forum. Now, from what I gather from the posts is that declarations don't work and should therefore be avoided. Am I also correct in assuming that line managers should be involved in checking actual documents with regular spot checks by vehicle controllers?
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#13 Posted : 19 May 2005 09:01:00(UTC)
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Posted By Ken Taylor Much as I hate disagreeing with Merv, there may be a few areas where loss of points may be of interest to the employer from a health and safety point of view - eg coach and minibus drivers gathering points for failing breath tests, speeding, dangerous driving, worn tyres, etc. This is why we record endorsements at the annual licence check.
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#14 Posted : 19 May 2005 09:09:00(UTC)
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Posted By Ron Young Got to agree with Ken. By knowing whether an employee has points on his licence, we are better able to identify potential training needs for that driver. So, it follows that it is the employers business to know.
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#15 Posted : 19 May 2005 10:06:00(UTC)
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Posted By mark baxter Had a similar problem and used our fleet management company to with the permission of the driver to run licence checks with the DVLA @ £ 11.50 per driver.
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