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Posted By Fred_Newell
Does anyone know of specific legislation or pending legislation in relation to driver fatigue, such as caused the Selby train crash?
I know that HASAWA and MHSAW both talk about duty of care and duty to risk assess, but I can't find anything else, and I'm writing a dissertation for my diploma.
Fred
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Posted By Andrew Meiklejohn
fred - as far as i remember it comes under 'dangerous driving' - see 'prosecuting bad driving' the cps consultation document should still be available on this site...
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Posted By Bob Youel
theres lots of driving / highways legislation in addition to just H&S law - talk to traffic police & look at DTI/DEFRA etc
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Posted By Dave Faragher Hi Fred, Suggest you go to www.brake.org.ukthere is a mine of useful information that may be of some use to you, Good Luck, Dave Faragher
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Posted By Andrew Meiklejohn
Also try RoSPA they have alot of road/driver safety material
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Posted By J Knight
Fred,
An employer was prosecuted under HASAWA last year when an employee crashed his car on the way home (not at work in my opinion but there you go). The prosecution was based on the fact that the driver had worked seven 11 hour shifts in the week prior to the incident, and was therefore tired. It was a potato factory (and here's me thinking you grew them) in Lincolnshire,
John
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Posted By Kieran J Duignan
Fred
MHSW Regs 1999 regulations 3 and 5 are the key areas for enforcement in relation to fatigue.
HSE Human FActors Briefing Notes No. 10 report on Fatigue in relation to shiftwork and the same principles of risk assessment and management apply to driving.
The Human Factors area of the HSE website also includes a Fatigue and Risk Index Calculator, with guidance notes. You can download it, along with the associated research report (no. 446) free. Yu should consider how to adapt it before using it with day workers.
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Posted By Peter Leese
MHSW Regs 1999 regulations 3 and 5 are the key areas for enforcement in relation to fatigue
Is that based on prosecutions? Could you provide references please?
Many thanks.
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Posted By Kieran J Duignan
Peter
Look up the HSE guidance document on Fatigue re shiftwork.
The same reasoning applies to driver fatigue.
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