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Employer's legal obligations WRT road safety.
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Posted By ACooper
Hi,
I am new to this discussion board so excuse me in advance for the multiude of errors I'm surely about to make!
I have recently taken over the H+S aspect of out transport fleet but have not been provided with any leaflets regarding new laws that employers must abide by.
Does anyone have a link to any external sources that will tell me all my legal responsibilities? For example, I know I have to provide my drivers with accident books so they can make note of any minor accidents and also that I have to provide sufficient means to enter the flat bed of the truck in a healthy and safe manner but I don't know where to find any information about my full responsibilities.
AC
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Posted By Pete48
AC, you could also try the Freight Transport Association website and Brake(a road safety charity) website which has a flett forum section.
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Posted By Dave Daniel
Firstly - there are no "new laws", merely "new spin". The HSE has tried to imply that it has responsibility for enforcing road safety, but in fact the Police and VOSA have this role and would resent their intrusion.
The HSE does have some publications on road safety. VOSA can take enforcement action if an employee breaks speed limits etc. -in extreme cases by revoking operator's licenses for example.
With regard to falling off the back of a lorry - HSE guidance merely suggests that you warn the driver to "be careful" ..... although one of our clients was prosecuted when an experienced driver fell and killed himself. The only guilt admitted however was that of failing to have written up a risk assessment, and even that was contestable. The fine was a minor one.
Your question implies you need some competent advice/support.
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Posted By Bob Shillabeer
Good morning Folks
There seems to be misunderstanding between road traffic laws and H&S Laws. Yes the Police and VOSA would be interested in relation to traffic laws but not H&S laws. Remember the vehicle is a workplace and the act of working means that the HASWA comes into play. The police don't have any juristiction over that.
There are several threads on this website about the responsibility for road safety try looking at some. The Brake one is very good and well worth a visit. Remember the smoking ban already in place in Scotland and Wales and due in England in July.
Remember it's the employers responsibility to establish reasonably practicable controls against the risks from driving while at work.
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Posted By Paul Oliver
Not wanting to be too pedantic, but a vehicle is a "place or work" not a workplace. Some people may confuse the description and try and apply WHSWR.
The Health and Safety at Work etc Act 1974 requires you to ensure, so far as is reasonably
practicable, the health and safety of all employees while at work. You also have a
responsibility to ensure that others are not put at risk by your work-related driving activities. (http://www.hse.gov.uk/pubns/indg382.pdf)
:-)
Paul
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Posted By Paul Oliver
sorry for the typo in there....should read "place of work"
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Posted By Donn
Have you tried the HSE website? there are loads of leaflets and sub sites for there, although navigating the site can be tricky at times
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Posted By ACooper
Hi guys,
Thanks for all the replies, I shall follow all the leads everyone has posted.
It seems to be there is a grey area {in my mind at least} around the VOSA requirements and those of HSE.
There doesn't, on the surface, appear as though there's that much that needs to be done. Hopefully this won't be as long and drawn out as I had first imagined!
Ta,
AC
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Posted By CWCaz
I have been looking into this a lot recently and RoSPA are very good. Unfortunately, what Bob Shillabeer said isn;t true. The Police will investigate a RTA and determine the cause of the journey. If the journey was at all related to work, the Police would then investigate the comapny to see what they have done about Occupation Road Risk.
The FTA is very good as mentions, and if you are in London, you may want to contact Transport for London. There is a unit called FORS (Frieght Unit) who are really keen to work with companies who may not realise how liable they actually are!
AC, I would seriously reconsider just how little you feel is necessary! Did you know if one of your employees used his own car (for work) and was in an accident due to the car being unroad-worthy, you may well be liable!?? Contact me direct if you wish more info
CCW
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Posted By Bob Shillabeer
Paul you are being a bit pedantic when you try to draw a difference between a place of work and a work place. Both terms mean a place where work is carried out, and I am sorry to say whatever slant you put on it it remains that way. A taxi driver works in a vehicle so does a bus driver, an ambulance driver, a delivery man, etc. It doesn't change the fact that the HASAWA and the management regs still apply and there is the obvious legal (and moral) responsibility to comply. Sorry to be pedantic about this but it's a fact so no good trying to justify inaction. Sorry for any offence.
Bob.
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