Individuals are clearly responsible for driving safely when they are behind the wheel – but there is also a liability that employers need to be aware of.
Employers are advised by the Health and Safety Executive (HSE) that “health and safety at work law applies to on-the-road work activities and the risks should be effectively managed within the company’s health and safety system”.
This being the case, it’s clear that employers have the same duty of care to those ‘out and about’ as they do to those in the office or workshop.
It is well-known that it is illegal to use a hand-held mobile phone while driving, but you should be aware that it’s also an offence to “cause or permit” a driver to use a hand-held mobile phone while driving.
Therefore, employers can technically be held liable if they allow employees to use hand-held phones while driving for work, in any vehicle.
Also, while you can legally use a hands-free mobile phone while driving, you can still be prosecuted if you are not in proper control of the vehicle
and the event of an accident, the police may check phone records when investigating serious or fatal crashes to establish if phone use was a contributory factor.
So, employers can find themselves implicated if one of their drivers, even on a hands-free phone, is found to have not been in control of their vehicle at the time of an accident.
Questions will be asked:
- who made the call, and why?
- how long was the call?
Recent data indicates that about 150 people are killed, or seriously injured, every week in car accidents (in all causes) which involve someone who was on the road for work purposes.
How people behave while driving for work is therefore absolutely something which employers should consider.
What can or should employers do?
One option is to assume that drivers can maintain proper control if interaction with a hands-free phone is short.
So you can tell your drivers that your company policy is : if they answer a mobile phone while driving it must be a SHORT call and only when safe to do so. NOT for lengthy conversations.
The laws relating to ‘interaction with a mobile device’ also apply to the use of a Sat-Nav facility on the phone or in-built in the car, and to the use of music devices.
So Sat-Nav should be set up before setting off. Scrolling for addresses while driving will take your eyes off the road.
Edited by user 28 July 2019 13:12:19(UTC)
| Reason: typos