DUTY OF CARE – SAFE DRIVERS AND VEHICLES FOR BUSINESS USE!

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Duty of Care - what happens if employees are driving their own car for company business

You may have already heard the term “Duty of Care”, or even the slightly scarier term of “Corporate Manslaughter”.

There has been a lot written about these topics. But do you really know how this affects You, your Drivers and Vehicles on company business?

Company Cars, Employee Cars and Car rentals.

Quite simply, “Duty of Care” legislation is an integral part of the Health and Safety at Work Act and means employers are responsible for the welfare of their employees whilst at work. Therefore, any vehicle in which an employee carries out business on behalf of your company is regarded as a place of work.

Companies that place this Duty of Care low down their agenda should take another look. The financial implications of a road accident can be huge, and can even lead to a prison sentence for the company director responsible for fleet, although large fines appear likely to be more the norm.

The family of legislation, in other words the Corporate Manslaughter and Corporate Homicide Act 2007, has been formerly ratified and finally became enforceable on 6th April 2008. As an employer, to reduce the hassle and stress of complying with this legislation, this is where a car rental company like Avis can help. Avis Business Solutions offers short-term (under 28 days) and longer-term agreements and means:

Where possible and appropriate the Driving Licence of every renter is inspected to ensure they are fully valid and legal to drive in the UK and abroad
Every vehicle is roadworthy. Each one undergoes a 53-point safety check between each rental to ensure that they comply with all UK and EU legislation
In-car guides are available to explain the key controls of each make/model of vehicle so that drivers are familiar with them before they set off on their journey
All cars are insured to the level appropriate to the your needs, or your own company motor insurance can be used if suitable

What happens if employees are driving their own car for business?

The employer has a "Duty of Care" for the condition of the vehicle, even if it is privately owned. In the event of an accident, the Police would be looking for evidence that the company had risk management procedures in place to measure the condition of the vehicle. If these processes were deemed to be insufficient then the employer could be prosecuted.

The legislation advises that one way of managing this risk is to use rental companies, such as Avis, because of the checks that take place and vehicles are typically never older than 7 months.

What constitutes driving on company business?

Any journey that is related to company business, excluding the commute to an employee’s regular place of work, is covered under the Duty of Care legislation; even a trip to the local shop to pick up milk for the office could result in a prosecution if an accident were to occur.

Do the same rules apply to Commercial Vehicles?

All vehicles are covered by the same legislation, but there are increased risks for Commercial operators. If you have employees driving such vehicles, you should include additional sections in your user instructions to recognise this fact.

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