There are no restrictions on car drivers' hours, as there are on the hours of lorry and bus drivers (where maximum working hours in a week are now limited to 60, and average hours to 48, over a four month period). However, employers have a duty to ensure the safety and welfare of their employees, and also a responsibility to ensure that others are not put at risk by their work activities - one third of road accidents in the UK recently are believed to have involved people working.
So employers are under a duty to ensure, for instance, that work vehicles are properly maintained, and that their drivers are not put under unacceptable pressure by unrealistic schedules. They are potentially vulnerable if, for instance, they chase their drivers by mobile phone (with the drivers themselves now vulnerable to an increased fine of £60, plus three penalty points, if they respond on a hand-held model; the same penalties apply if they use a hands-free version but fail to maintain 'proper control' of the vehicle). Drivers harassed to the point of careless or inconsiderate driving are now subject to fines of up to £5,000, and imprisonment of up to five years if they cause death by such driving.
The Department for Transport now suggests that the management of any organisation in which there are five or more employees driving on business should develop a policy on driving for work, as part of a move to integrate the management of this activity into the management of health and safety more generally. Such a policy would incorporate requirements for:
- risk assessment;
- control measures to minimise risks, as for instance:
- eliminating journeys where possible, by teleconferencing, rescheduling deliveries etc;
- ensuring that vehicles are appropriate, and effectively maintained;
- ensuring that drivers are appropriate, ie fit to drive, legal (the Department suggests checking licences every six months), adequately trained (including training in first aid), and aware of the organisation's policies on mixing driving with drugs, alcohol, illness, stress, fatigue, speed, and the use of mobile phones;
- introducing supporting measures (such as emergency planning, and incentives for safer driving);
- maintenance of data records, to find out how well the policy is working; and
- reviews of such data, to fine-tune the policy if necessary.
These may sound like counsels of perfection, but in fact they require little more than is required anyway under the Management of Health and Safety at Work Regulations, which should include assessments of any dangers to employees travelling on business, with appropriate steps being taken to minimise the risks.
