An employer’s duty to safeguard the health, safety, and wellbeing of their employees is not confined to an office or site. If an employee frequently drives as part of their job, employers must also manage the risks associated with this. Here, we discuss what employers should consider when conducting risk assessments and developing policies and procedures around driving for work.
Using cars, vans, or motorcycles is a key part of many people’s jobs. It is also one of the most dangerous activities an employee can do. In 2024, 29,467 people were killed or seriously injured on the roads in Great Britain, with fatalities involving pedestrians increasing by 5% on the previous year.
Despite research suggesting that a fifth of all serious injuries on the roads will involve someone who is driving for work, a poll conducted by Driving for Better Business has indicated that more than a quarter of respondents did not have a documented ‘Driving at Work’ road safety policy. Of those that did, more than a quarter said that their policies had not been reviewed in the past three years.
What does the law say about driving for work?
If an employee drives a car, van, or motorcycle as part of their work, employers have a legal duty to manage the health and safety risks associated with this activity.
According to the Health & Safety Executive (HSE), there are three principal areas of risk that employees should assess and manage: the journey, the driver/ rider, and the vehicle.
In the event of a serious injury or fatality – either to, or caused by, an employee whilst they are driving for work – an employer could face prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 if they are found to have contributed to the incident by grossly breaching their relevant duty of care.
Relevant duties for both the employee and the employer are included under the following:
- Health and Safety at Work etc. Act 1974;
- Road Traffic Act;
- Management of Health and Safety at Work Regulations 1999; and
- Provision and Use of Work Equipment Regulations 1998.
How can employers assess and manage risk?
The first step in managing the risks of driving for work is to conduct a thorough risk assessment. Once risks are identified, they can be managed via comprehensive and well-communicated policies and procedures, as well as regular training on the skills and behaviours required to drive for work safely.
The importance of having a driving for work policy cannot be overstated. In addition to providing clarity on the employer’s expectations and responsibilities, as well as those of employees, it also provides vital evidence that an employer has done all they can to proactively manage risk in the event of an incident. This will, ultimately, protect the business from potential criminal charges, as well as the associated reputational and financial costs.
Here are some elements that employers should consider, in line with the three categories outlined by the HSE.
1. The journey
- Type of route. The best route to take will depend on the length of the journey, as well as the type of vehicle. Routes should, for example, avoid major roadworks or periods of traffic congestion where possible. If an employee is driving a larger vehicle, such as a heavy goods vehicle (HGV), designated routes should also avoid low bridges, narrow lanes, and highly populated areas.
- Duration. Driver fatigue is a major cause of road accidents, with road safety charity Brake estimating that it plays a part in 10 to 20% of all crashes. Whilst it is important for drivers to avoid driving when tired, employers must also manage this risk by ensuring that journeys and schedules are reasonable, with adequate opportunities for rest and breaks. The GB Drivers’ Hours Rules, which state that an employee must not drive for more than ten hours a day, must be followed where employees drive commercial vehicles with a maximum permitted weight under 3.5 tonnes.
- Destination. It is important to liaise with third parties, such as customers, to understand what the destination will be like. This may include establishing that: the destination is well sign-posted, there is adequate parking, any loading and unloading bays are safe and properly maintained, and that there are adequate welfare facilities available to the driver before they begin the return journey.
2. The driver
- Fitness to drive. Whilst it is ultimately the employee’s responsibility to ensure that they are well enough to drive, employers have a role in developing the culture and procedures that allow employees to report issues and concerns. Employers should also ensure that employees are aware of factors that could impact their ability to drive, such as certain prescription medications.
- Attitudes and behaviours. Again, employees must ensure that they drive responsibly and in accordance with The Highway Code. Employers can help, however, by outlining the behaviours and attitudes they expect to see. This could include, for example, training drivers on the dangers of driving when tired and outlining their expectation that employees will take adequate breaks or avoid driving at certain times of the day or night. Employers may wish to use telematics to monitor employee behaviour, such as driving speed or duration, to ensure compliance.
3. The vehicle
- Condition. According to The Highway Code, drivers are responsible for ensuring that a vehicle is roadworthy. Employers can facilitate this by requiring all employees to hold valid insurance and an MOT, as well as regularly inspecting and recording the condition of their vehicle. Employers should also supplement this by carrying out planned and preventative maintenance of a vehicle – particularly specialised vehicles – according to the manufacturer’s instructions.
- Suitability. Like any piece of work equipment, a vehicle used for work activities must be adequately equipped to do so. Where an employee is required to carry heavy goods, for example, vehicles will need to have sufficient storage space and secure harnesses or holds.
- Safety technology. It is worth exploring the wealth of driving aids and safety technology available to help drivers keep both themselves, and other road users, safe. For large vehicles, employers should consider investing in technologies such as reversing alarms and proximity sensors, which will help to protect vulnerable road users such as pedestrians and cyclists.
Employees, as well as employers, face serious repercussions for driving dangerously whilst at work.
Why your business needs a mobile phone policy
In March 2022, the law concerning driving whilst using a mobile phone changed, with the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 incorporating almost all uses of a hand-held device whilst driving, including checking the time and unlocking the device.
Under the new laws, an offence is now triggered whenever a driver holds and uses a device, whether online or offline. Drivers prosecuted for using a phone whilst driving could face a £200 fine and six penalty points on their licence, or a £1000 fine, six penalty points and the possibility of being disqualified if the matter is taken to courts.
Businesses may also be held liable for prosecution if they are found to have permitted or abetted driving whilst using a mobile phone. This could, for example, be considered the case where a business provides mobile phones to employees, and an employee uses the phone for a work-related call whilst driving.
As such, it is vital to ensure that your business has a mobile phone policy in place that makes drivers aware of the law and the penalties for non-compliance and expressly prohibits the use of a phone whilst driving.
In 2022, the Police, Crime, Sentencing and Courts Act increased the maximum penalty for causing death by dangerous driving from 14 years to life in prison. It also introduced a new offence of causing serious injury by careless driving, which comes with a maximum sentence of two years’ custody and a 12-month disqualification.
Employers have a significant part to play in ensuring that employees go home safely after driving for work. By developing, and regularly updating, their driving for work policy, employers can identify the risks, communicate expectations, and encourage an open culture in which employees feel able to voice concerns and work safely, even when on the move.