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spud  
#1 Posted : 08 October 2018 08:54:31(UTC)
Rank: Forum user
spud

Hi All, 

Just a quick one if I may, obviously lots of companies these days use company car Trackers which gather lots of information one of which being speed they are going so with this in mind.

1. Do you people monitor speeds and collect data ?

2. If so what do you do with said information ie if soeone is speeding ?

3. What other things do you use this information for ?

Mark-W  
#2 Posted : 08 October 2018 09:07:30(UTC)
Rank: Super forum user
Mark-W

1 of my clientsd has trackers fitted to all of the engrs vehicles and a couple of managers.

For some reason despite my advice, they don't seem to bothered about the managers speeding, cars are unmarked so no adverse view of company.

We have a travelling sales manager, his veh is monitored from a lone working perspective. To ensure his safety.

We also track the engrs and then this tallys in with their timesheets. To ensure clients are billed correctly

thanks 1 user thanked Mark-W for this useful post.
spud on 08/10/2018(UTC)
Hazzard41579  
#3 Posted : 08 October 2018 11:54:16(UTC)
Rank: Forum user
Hazzard41579

Spud

We monitor all company vehicles using vehicle software and it gives us the usual comprehensive reports. We issue monthly reports to each driver. These summarise their overall driving performance to include speeding, braking, acceleration etc and is scored from 0 to 100. as H&S manager, I follow each report with an email to each driver commenting on their performance (good or bad) and stating why safety on the roads is so important.

We have definately seen an improvement in most cases with a healthy competition now to see who tops the monthly scores. 

This software has also given us a reduction in our fleet insurance premium

There is also the environmental advantage of improved vehicle and fuel efficiencies. one for ISO 14001

thanks 1 user thanked Hazzard41579 for this useful post.
spud on 08/10/2018(UTC)
spud  
#4 Posted : 08 October 2018 13:06:57(UTC)
Rank: Forum user
spud

Thanks for feedback thus far chaps.

Mark W

I understand your observations but my concerns are that if a company has these systems and identifies info like speeding then to ignore it seems like we are an accessary after the fact as it were. If the proverbial hit the fan and they are in your vehicle doing your work and speeding because you have access to the information it would be knowingly so... At the very least you would think you should be warning persistant offenders. I would be interested if there is any caselaw on this very issue.

Mark-W  
#5 Posted : 08 October 2018 13:21:18(UTC)
Rank: Super forum user
Mark-W

Originally Posted by: spud Go to Quoted Post

Thanks for feedback thus far chaps.

Mark W

I understand your observations but my concerns are that if a company has these systems and identifies info like speeding then to ignore it seems like we are an accessary after the fact as it were. If the proverbial hit the fan and they are in your vehicle doing your work and speeding because you have access to the information it would be knowingly so... At the very least you would think you should be warning persistant offenders. I would be interested if there is any caselaw on this very issue.

Spud

I fully agree. The tracker system is linked in with engrs timesheets and phone usage. All on 1 contract. It is managed by the MD's PA. So she chats about it every now and again, but not in an official capacity, as she is my wife. As far as the company know, I'm not in the loop of knowledge and have no official access to this system. I only know what I do due to my wife.

I know managers speed but that is only because I have sen them on the road. So I'm stuck in a hard place, I have the information but I've not gained it through legal means.

Roundtuit  
#6 Posted : 08 October 2018 14:39:36(UTC)
Rank: Super forum user
Roundtuit

Speeding is an offence committed by the vehicle driver on the public highway. It is unlikely the employer would ever be considered an accessory if / when enforcement becomes involved.

Your organisation should use the information it gathers in accordance with the policies it published prior to the introduction of the tracking or has subsequently amended. Our policy refers to poor driver scoring resulting in coaching, re-education and if those fail disciplinary procedures (mothly points based upon speed, accelaration, braking and idling).

Tracker technology can be limited so misses a lot of other driver events - travelling through roadworks above temporarily reduced speed limits, jumping red lights, entering box junctions when the exit is not clear, using a mobile phone, eating, drinking, hogging the middle lane on a motorway, tailgating. Even the police are resorting to people on the bus and other drivers submitting video to prosecute some of these behaviours.

thanks 2 users thanked Roundtuit for this useful post.
webstar on 12/03/2020(UTC), webstar on 12/03/2020(UTC)
Roundtuit  
#7 Posted : 08 October 2018 14:39:36(UTC)
Rank: Super forum user
Roundtuit

Speeding is an offence committed by the vehicle driver on the public highway. It is unlikely the employer would ever be considered an accessory if / when enforcement becomes involved.

Your organisation should use the information it gathers in accordance with the policies it published prior to the introduction of the tracking or has subsequently amended. Our policy refers to poor driver scoring resulting in coaching, re-education and if those fail disciplinary procedures (mothly points based upon speed, accelaration, braking and idling).

Tracker technology can be limited so misses a lot of other driver events - travelling through roadworks above temporarily reduced speed limits, jumping red lights, entering box junctions when the exit is not clear, using a mobile phone, eating, drinking, hogging the middle lane on a motorway, tailgating. Even the police are resorting to people on the bus and other drivers submitting video to prosecute some of these behaviours.

thanks 2 users thanked Roundtuit for this useful post.
webstar on 12/03/2020(UTC), webstar on 12/03/2020(UTC)
toe  
#8 Posted : 08 October 2018 22:35:42(UTC)
Rank: Super forum user
toe

There is a term in law called ‘wilful blindness’ or ‘wilful ignorance of the law’ to be more precise. This term is sometimes use in legal case in the States but not so common in the UK.  

Knowing that the law has been broken (i.e. receiving driving reports for staff that indicate they have been speeding) and choosing to ignore it, constitutes ‘wilful blindness’. For me this morally wrong.

The directors of RBS had indications that the bank was going to collapse but they were wilfully blind and ignored the signs at the expense of investors and the British public. Sometimes H&S professionals need to do what’s morally (but not legally) right.

A Kurdziel  
#9 Posted : 09 October 2018 08:43:51(UTC)
Rank: Super forum user
A Kurdziel

Legally, this is a grey area. If the employer ordered or actively encourage speeding by their employees they would be criminally liable but simply turning a blind eye might not result in criminal charges but could leave the employer liable for civil action as this might be construed as negligence.

If as a result of this negligence someone was to die then the employer might be liable for prosecution for corporate manslaughter as this is evidence of systemic   failure in their H&S system. Basically we don’t know as these sort of cases are very rare and there is very little case law.

You could mention this to your bosses and suggest that the H&S community would be very grateful if they put themselves on the line and we get an opportunity to find out what the law actually is, if they get taken to court. Or, you could suggest that they do something about and we have to keep guessing.

 

Roundtuit  
#10 Posted : 15 October 2018 09:38:17(UTC)
Rank: Super forum user
Roundtuit

thanks 2 users thanked Roundtuit for this useful post.
chris42 on 15/10/2018(UTC), chris42 on 15/10/2018(UTC)
Roundtuit  
#11 Posted : 15 October 2018 09:38:17(UTC)
Rank: Super forum user
Roundtuit

thanks 2 users thanked Roundtuit for this useful post.
chris42 on 15/10/2018(UTC), chris42 on 15/10/2018(UTC)
Acorns  
#12 Posted : 12 March 2020 07:55:11(UTC)
Rank: Super forum user
Acorns



I remember that case. That, IMHI, was way more about poor management. They had lots of trigger moments to deal with the driver, including telematics. It was 5 yrs ago and nothing new on the horizon, so perhaps more of a sound bit that hint if law changes.

Of those companies who do monitor vehicle behaviour, the key is knowing what to do in a meaningful way with it. Using speed as a topic. If the data show regular high excess speed, then set a trigger at, say, 20mph over the limit and have a 1-1. The chances are that if caught, they may get significant fine / disqualified so impact on the business. Hopefully that will reduce the excess, then lower the thresholds to the level the company finds acceptable. Same with the driver behaviour data. If we don’t do anything tangible with it, we have to ask why we are wasting money on them.
Roundtuit  
#13 Posted : 12 March 2020 09:14:49(UTC)
Rank: Super forum user
Roundtuit

Old thread opened for the sake of commercial promotion

Roundtuit  
#14 Posted : 12 March 2020 09:14:49(UTC)
Rank: Super forum user
Roundtuit

Old thread opened for the sake of commercial promotion

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