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Using vehicle at work


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28 March 2011

Using vehicle at work

Did you know a third of Road accident is work related? Driving as part of work falls under Health and Safety Legislation and as such employers should ensure that driving risks are effectively managed. This applies to all industries including the construction industry where driving is a regular part of the job.

The Law

Under the Health and Safety at Work Act 1974, employers have a duty to ensure as far as is reasonable practicable the health and safety of all employees whilst at work and that of others.

Employers duty

The employers are duty bound to carry out appropriate risk assessments and have applicable work policies all of which have to be regularly reviewed and updated if necessary. This applies to all employers and to those who are self-employed but it does not cover commuting to and from one's place of work.

What should your policy cover

The most important points to consider are, management, journey organisation, driver training and vehicle maintenance.

Below are some of the questions you need to ask before setting up driving policy;

a. Who is responsible for driving health and safety?

b. Does that person have the proper authority over such drivers?

Ideally the person in authority should be in senior management.

c. What systems are set up to ensure the policies are adhered too, maintained and updated?

d. How are these monitored?

e. What training should be given to employees?

You should also put in place checks that employee is okay to drive. The minimum document you should have is a copy of the employee's driving licence or HGV licence if applicable.

If an Employee is using their own car?

You will need to ask for a copy of the insurance policy each year to confirm that business use is included and to check any limitations imposed by insurers; a copy of the car's MOT if applicable; confirmation that the car is taxed and request a copy of the service records to ensure that the car is and has been maintained by a reputable garage on a regular basis.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2011-04-29 21:45:20 in Legal Articles

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