Rank: New forum user
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Hi, I have just recently become a Union Health and Safety rep, I won't go into detail, but I and my members have recently been asked, to do a vehicle check, on multi-passanger vehicles that we don't drive ourselves!I, have of course ,asked for training,method statements, risk assessments etc.Personally I don't think we should be doing this at all, but can anybody enlighten me more on what the law and litigation says about after its left us , and possibly what employement law says ?I thank you for your help.
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Rank: Super forum user
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Kev
Not a clue why you would be asked to do 'vehicle checks' but presumably you mean a basic check, ie oil, water, tyres, etc. From a legal perspective the vehicle driver is responsible for ensuring the vehicle is roadworthy before and whilst they are driving it. The owner of the vehicle (employer) also has a duty to ensure the vehicle is MOT'd, serviced, insured and generally fit for use.
Before proceeding any further with vehicle checks I would ask why you need to check a vehicle and for what purpose because if you are not driving the vehicle and not qualified to ensure the roadworthiness of the vehicle then what is the point?
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Rank: Forum user
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We have a situation a little like this I think.
We have multi-user vehicles and each user is aware of their legal responsibility and is expected to undertake some basic safety checks before heading out, such as washer water levels, visual tyres, lights etc. (I'm fairly sure this is not always done fully). But it seems only reasonable that these users can expect some form of 'base-line' of vehicle condition from which to assess their vehicles suitability for the road. in order to achieve this each vehicle is under the responsibility of a named person, sometimes a significant user but in the case of the work-vehicles (4x4s and vans) a member of staff who knows about them. These named people are responsible for a more in-depth check: Tyre pressures etc. each week. They also check to see that other users have completed the simple "day checksheets" and have left vehicles in decent state of cleanliness, they also organise services and repairs etc. On top of that we have admin/support staff who are responsible for keeping tax/mot's/insurance. For us it's a shared responsibility and we've put in place the most reasonable system we could.
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Rank: Super forum user
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We developed a checklist system for this ery reason. We've found more and more companies asking us for fleet vehicle checks so they can meet their legal duty of care to ensure the safety of staff whilst they work - this does extend to staff who drive their own vehicles for work, drive company owned, leased or hired vehicles.
Rospa and the DfT encourage regular pre-drive checks in line with their best practice guidelines. The system we developed provides documented evidence of fleet safety policies, as required if you run a fleet and employ five or more staff.
It's all common sense and something that in theory every single one of us should do before we set off in our car. The fact is however that very few of us bother to check our lights, oil, water etc (I certainly don't do it as often as I should).
If anyone wants me to send them a DM with details of the checklist system drop me a line and I'll send you some details.
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Rank: Super forum user
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Kev, In all likelyhood, your employer would be found liable for any failings. Can you tell us why you don't think you should be doing this? The manner in which you have written your query suggests your looking to use H&S as the reason.
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