Legal responsibilities
In the UK there are legal requirements for employers to manage health and safety risks associated with driving for work. This is underpinned by the Health and Safety at Work Act 1974, which mandates employers have the following duty of care:
- Section 2 mandates an employer’s duty of care to their staff.
- Section 3 extends this duty of care to others impacted by work-related driving.
- Section 7 outlines employees’ obligations to adhere to safe working practices.
- Section 37 assigns management the responsibility for establishing safe working procedures
There are also responsibilities under the Road Traffic Act 1988, such as having appropriate vehicle insurance in place at the time for the purpose the vehicle is being used (i.e. business insurance) and there may be some EU Legislation such as the Working Time Directive. The Working Time Directive refers to drivers’ hours and rest periods.
Polices and Best Practice:
- Employers with 5 or more employees: If you employ 5 or more members of staff and there is an element of Driving for Work as part of their employment then you are legally required to have policies in place to manage road safety risks.
- Employers with fewer than 5 staff:
If you employ less than 5 members of staff, while a formal, written policy is not legally required, it is still best practice to assess risks and have procedures in place, especially if employees drive for work.
Having a robust driving for work policy demonstrates a commitment to staff welfare and public safety, reflecting strong morale and corporate responsibility.