Howard Fidderman looks at new HSE guidance on work-related
driving.
Many employers have long ignored driving-related risks on
public highways, in potential breach of the HSW Act and the Management of
Health and Safety at Work Regulations 1999 (MHSW). But new HSE guidance, which
advises employers to manage risks from on-the-road work activities in the same
way as they would other workplace risks, means they will have less excuses for
failing to do so1.
Under the HSW Act an employer must ensure the safety of its
employees at work and that other people are not put at risk by its work-related
activities. "Work" and "work-related activities" include driving. Under the
MHSW Regulations employers must assess and manage risks, including those from
driving. Employers should also remember that their drivers are subject to the
same driving-specific laws as all other drivers.
Employers have other incentives for addressing the issue: one
in three road traffic accidents involve a person who is at work at the time;
more people are killed in work-related driving incidents than at the workplace;
and there are considerable economic benefits
available to employers that manage the issue (see box 1).
The independent Work-Related Road Safety Task Group, which was
established in 2000 as part of the government's road safety strategy, Tomorrow's
roads - safer for everyone,
recommended the guidance be produced. The group concluded, in 2001, that
existing safety law adequately covered work-related activities on the road, but
that it was not being applied universally (Sentencing safety criminals).
The guidance covers cars, motorcycles and bicycles. It applies
to people whose main job is driving and to those who drive occasionally or for
short distances. Like health and safety at work law, it does not apply to
commuting, unless the employee is travelling from home to a location that is
not their usual place of work.
Integrated management
The guidance essentially applies good health and safety
workplace practice to driving. Effective management of occupational road risk
(MORR) requires that it is integrated with other health and safety
arrangements, including:
the health and safety policy must cover MORR and be
written down if there are more than five employees. The policy should address
issues such as journey organisation and driver training;
there should be top-level
and clearly-defined responsibility and commitment to MORR;
larger employers should ensure their organisational
structures are integrated to allow cross-departmental cooperation in MORR;
systems should be adequate to manage work-related road
safety, covering regular vehicle inspection and servicing; and
performance should be monitored to ensure the policy is
effective. This involves collecting information and encouraging employees to
report all road incidents without fear of punishment.
Managing the risks
The guidance encourages employers to tackle work-related
driving through the standard five-step risk assessment:
identify the hazards (remember to involve employees);
decide who might be harmed - ie not just the driver.
Particular groups may present an increased risk, for example young or
recently-qualified drivers and those who drive long distances;
evaluate the risk and decide whether existing
precautions need to be strengthened;
record the findings where there are more than five
employees; and
review and revise the assessment where necessary. This needs
a system for gathering, recording and analysing information on road incidents
and records of driver and vehicle history. This should be done regularly and
whenever circumstances change, for example when
new routes or new vehicles are introduced.
In managing the risks, the first step, as ever, is to try to
eliminate the hazard: is the journey necessary - will a telephone call or a
videoconference suffice?
Where journeys are necessary, employers should look at the
various issues in box 2, particularly:
check that the policy on company car allocation
encourages employees to consider alternative means of transport - even if it is
for part of the journey only - rather than encouraging them to drive;
avoid unrealistic delivery schedules that force
employees to drive too fast;
organise maintenance work through scheduled checks by a
competent person;
ensure adequate protection for drivers and passengers -
seatbelts and airbags should work effectively, and crash helmets and protective
clothing should be of an appropriate standard; and
ensure that company policy covers the important aspects of
the Highway Code.
Round the corner
Publication of the guidance implements
several of the 18 recommendations of the task force's report, most importantly
recommendation no.6, which calls for such generic guidance. This also requires
the HSE to review the impact of the guidance in spring2004 to determine whether
it should recommend an Approved Code of Practice (ACoP). Outstanding issues
include the role of insurance and the role of the Reporting of Injuries Diseases
and Dangerous Occurrences Regulations 1995 (RIDDOR) (HSC heads for the highway).
The guidance can
undoubtedly help employers improve their MORR standards. But it is more
questionable whether or not the HSE will implement recommendation no.3, which
requires "a more rigorous application" of health and safety law to on-the-road
work activities. Indeed, the new guidance warns that this area is not a current
priority for the HSC and the HSE.
This approach, the HSE admits, means that the police will
continue to take the lead in investigating road traffic accidents, confining
HSE enforcement action "to incidents where the police identify that serious
management failures have been a significant contributory factor in the
accident".
The low priority was also foreshadowed in the
HSE's recent statement on its inspection criteria (HSE redresses prevention-investigation
imbalance). Arguably, any
enforcement is "more rigorous" than no enforcement, but this approach is not
likely to satisfy the spirit of what the task force envisaged.
As ever, the HSC/E's approach is driven by
resources. When the HSC announced in mid-2002 that it could accept 16 of the
task force's 18 recommendations, it warned that this might "raise unhelpful
expectations" about enforcement "that cannot, in practice, be met". HSC chair
Bill Callaghan added that the HSE would need extra resources to extend its
activities onto the roads. But with the HSE already under-funded, Callaghan said
he would look to the government's roads strategy budget. There is no sign of
that funding to date, while HSE funding is now set to fall in real terms over
the next three years (HSC sees safety as
society's cornerstone).
Howard Fidderman is editor of HSB and a qualified
first-aider.
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BOX 1: WHY BOTHER WITH MORR?
More control over wear and tear costs, insurance
premiums and legal fees.
Better informed decisions about driver training
and vehicle purchase.
Identification of health and safety improvements.
Less injury and ill health.
Higher employee morale.
Lower stress levels.
Less lost time caused by work rescheduling.
Fewer vehicles off the road for repair.
Less chance of employees being banned from
driving.
Fewer missed orders and business
opportunities.
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BOX 2: THINGS TO LOOK FOR
The driver
Competency
covers
qualifications and experience - check regularly that the driver's licence
is current and valid for the type of vehicle being used; ensure
recruitment procedures include pre-appointment checks and references; and
ensure drivers understand company policy.
Training
- ensure
induction training is provided and budgeted for. The training should
ensure that drivers know how to carry out routine safety checks on their
car, adjust safety equipment, use anti-lock brakes properly, ensure safe
load distribution, what to do in the event of a breakdown and how to
respond to fatigue. Evaluate whether those who drive at work need
additional training, with priority given to those at highest risk.
Fitness
and health -
lorry drivers must have appropriate medical certificates. Drivers most at
risk, for example those who drive long distances, should have regular
medical checks. Ensure staff know that they must not drive when taking
medication that might impair judgment.
The journey
Routes - journeys
should be planned to use the safest roads (motorways where possible) and
avoid roads that may restrict some types of vehicle, such as those with
low or weak bridges or tunnels.
Scheduling - journeys
should avoid, where possible, driving between 2am and 6am and 2pm and 4pm
(when sleep-related accidents are most common) and during peak traffic
flows. Tachograph records should be checked and employees told to take a
break if they feel sleepy, even if it upsets delivery schedules.
Time
- schedules should be realistic and take account of road types and conditions
and rest breaks (the Highway Code recommends 15 minutes every two
hours). The company's policy should not pressurise drivers into taking risks,
and overnight stays should be considered in preference
to a long journey at the end of the day.
Distance
- avoid long distances where possible, for example by consigning goods onto a
train with local distribution by van. Employers should also consider whether
the workers' journey from home to work might make the driving day
exceptionally long.
Weather conditions - employers should take
account of adverse weather conditions. They should also ensure that the
vehicle can operate in such conditions, has anti-lock brakes, and that
drivers know what action to take and do not feel pressurised to complete
journeys in hazardous conditions.
The vehicle
Suitability
- vehicles must be fit for the purpose for which they are used. An employer
should check that: the vehicles they buy or lease are the safest available; the fleet is suitable for the job; and that private vehicles are not used for work purposes
unless insured for business use.
Condition
- issues here include adequate maintenance arrangements, and ensuring that
drivers know both how to carry out basic checks and how to avoid exceeding
maximum load weights.
Safety equipment - the equipment, in
particular seatbelts and head restraints, must be appropriate, in good
working order and fitted properly.
Safety
critical information - drivers should have access to information on recommended
tyre pressures, headlight adjustment, use of headrests, and what to do if
they consider the vehicle to be unsafe.
Ergonomic considerations - employers should consider this at purchase or lease
stage, and provide guidance on poor seating positions and driving postures
(see Why driving can be a pain in the
back).
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