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dean180873  
#1 Posted : 21 November 2014 21:27:51(UTC)
Rank: New forum user
dean180873

Quick question fellow professionals Its based around employees who use their company vehicle whilst not at work i.e. social use If during this social use of the vehicle, an employee is involved in a road traffic collision that results in a fatality or serious injury to a member of the public, would this fall under the HASAWA 74' with a potential investigation being led by the Health and Safety Executive ? For information, the company policy allows employees to use company vehicles for social use.
Steve Granger  
#2 Posted : 21 November 2014 22:36:55(UTC)
Rank: Super forum user
Steve Granger

I am sure there will be more Dean, but to start; the driver of a vehicle is responsible for its roadworthiness when they sit behind the wheel. I suspect an investigation would determine if it was 'reasonable' that an alleged fault was identifiable by the driver or known about by the employer. For example if maintenance card says bald tyres then the employer should not have let out of the garage.... but the driver should have checked them (social or business use). However I there was an invisible fault (fractured disc) on the maintenance card ten I can't se how the employee could have known about it and took the vehicle in good faith. UK Accidents on the highway are investigated by the Police in the first instance.
jay  
#3 Posted : 22 November 2014 13:24:26(UTC)
Rank: Super forum user
jay

It is most unlikely. For details, refer to: HSE's role in the investigation of work-related road accidents and advice on responding to enquiries on managing work-related road safety http://www.hse.gov.uk/fo...Circumstances-Where-HSE- For Road Traffic Incidents The police will take the lead in most road traffic incidents (RTI) on the public highway. The exceptions, where HSE is likely to be involved and possibly to have primacy, include fatal incidents involving the carriage of dangerous goods, work vehicles manoeuvering in, out and in close proximity to the work premises or other work on or near the public highway, such as construction or roadwork activities. HSE may also be involved in aspects of some RTI cases, e.g. where there is indication of significant underlying health and safety management failings. For all other work-related RTIs, HSE staff should not normally have ‘on the road’ presence during the initial investigation. Further guidance can be found in HSE’s policy and guidance on section 3 HSWA. HSE--Work-related deaths: liaison with police, prosecuting authorities, local authorities, and other interested authorities including consideration of individual and corporate manslaughter / homicide. http://www.hse.gov.uk/fo...s/ocs/100-199/165_10.htm
edwill7  
#4 Posted : 24 November 2014 13:30:51(UTC)
Rank: Forum user
edwill7

HSWA applies to work related activity and work equipment when used undertaking work. A company vehicle out of work time / activities is just a road vehicle as far as the HSE are concerned. Insurance is a different kettle of worms, and corporate image is another angle to look at. We banned our technicians using their liveried vans outside or work and communte as two accidents on the lcoal news didn't look good.
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