Driver & Vehicle Safety

Transcription

1 GWASANAETHAU IECHYD A DIOGELWCH HEALTH AND SAFETY SERVICES Health and Safety Review of: Driver & Vehicle Safety A Health and Safety Services Review to assess compliance with the requirements of the University s Driver & Vehicle Safety Policy Standard. The Review considers the use of College / School / Department owned and leased vehicles, the local arrangements put in place to ensure drivers are competent to drive those vehicles, and arrangements to make sure vehicles are road legal and maintained in a roadworthy condition. NOVEMBER 2015

2 1. EXECUTIVE SUMMARY The Review found that the majority of Schools and Departments which operate owned and leased vehicles had a good understanding of procedures that must be followed to confirm both the driver and the vehicle are road legal. Most, but not all, University vehicles were found to be maintained in a roadworthy condition and all University owned and leased vehicles were found to have a valid (MOT) Test Certificate. It was apparent that a small number of Schools and Departments are not meeting the full expectations placed by the University Policy Standard and by legislation, via the Highway Code. Deficiencies were primarily found in two key areas: i. Not assessing (or not having a robust system for assessing) driver licences, at least annually, and not specifically authorising drivers to drive University owned / leased vehicles. ii. Not undertaking regular and recorded Vehicle Safety Inspections and therefore ensuring the vehicle remains in a roadworthy condition. Other areas for improvement include: iii. iv. The current arrangements for Vehicle Excise Duty (Vehicle Tax) is not robust with two separate systems in operation. Advisory Notes appended to a vehicle s MOT Test Certificate may not always be considered by a School / Department who believe as the vehicle passed at MOT, with any work required to pass the MOT addressed at the time by the garage, no further action is necessary. There were c.45 road-going vehicles operated by the University in 2015, with half used by the Estates & Facilities Department. Other vehicles used at the University tended to be on a shortterm rental. Urgent Action Immediate resolution is urged on the following recommendations: v. All drivers of University vehicles must be authorised to drive and have their driving licences checked, at least annually. vi. All vehicles must be inspected regularly to ensure they remain roadworthy. Why Review Vehicle & Driver Safety? The Royal Society for the Prevention of Accidents (RoSPA) estimate that between 800 and 1000 people die each year whilst driving for the purposes of work, or are killed as a result of an accident involving someone driving for work. Driving is in many cases, the most hazardous activity a person will undertake whilst at work. It is therefore imperative suitable systems are introduced to ensure driving and the use of vehicles is undertaken safely and vehicles are safe to use. Two primary items of legislation apply, namely the Road Traffic Act and the Provision and Use of Work Equipment Regulations (PUWER). Driver & Vehicle Safety Review November 2015 Page 2

3 2. BACKGROUND TO THE REVIEW The Driver & Vehicle Safety Policy and its associated Driver and Passenger Safety Handbook, summarises legislative requirements with regards to ensuring owned and leased vehicles operated by the University are road-legal and are maintained in a roadworthy condition. In addition, the Policy and Handbook captures Finance Department procedures set by the University s Insurance Provider, to ensure staff and students driving owned / leased vehicles are competent to do so and therefore subsequently covered by the University s insurance. As part of this process, Schools / Departments must authorise relevant drivers (staff and students) each year, with a check of the individual s driving licence carried out as part of this process. 3. METHODOLOGY The Review consisted of a check of the University Officer s owned / leased vehicle insurance database to ascertain those Schools / Departments operating, standard road going vehicles eg cars, vans, 4x4s. This check identified 6 Departments and 5 Schools. An appropriate School / Department contact was then identified and a meeting arranged to discuss local arrangements as per the requirements of the Driver & Vehicle Safety Policy. As part of this process, each School / Department contact was asked pertinent questions and requested to provide documentary evidence in relation to the systems put in place to: MOT vehicles. Tax vehicles. Insure vehicles and drivers. Maintain vehicles (ie servicing). Inspect vehicles (ie Weekly Vehicle Inspections). Confirm driver competence: initial and subsequent annual driver authorisations and driving licence checks. NOTE: Non-standard vehicles eg tractors, fork lift trucks, mules, quad bikes are not included as part of this Review. 4. THE LEGAL POSITION The University and all its drivers have legal responsibilities and obligations, primarily derived from the Road Traffic Act (and the associated Highway Code) and the Provision and Use of Work Equipment Regulations (PUWER). Additional conditions are also set by the University s Insurance Provider, particularly with regards to driver / vehicle insurance and the requirement to confirm drivers are legal to drive. Principal obligations / conditions are captured in the University s Driver and Vehicle Safety Policy Standard. The Road Traffic Act stipulates road-going vehicles must be road legal ie Vehicle Excise Duty 1 paid (Tax), have a valid roadworthiness test certificate (MOT), be insured and be maintained in a roadworthy condition, and requires drivers to be competent and legally authorised to drive particular classes of vehicles. PUWER refers to the use of the vehicles as items of work 1 Vehicle Tax Driver & Vehicle Safety Review November 2015 Page 3

4 equipment and requires these to be suitable, be maintained and be safe for use. The PUWER Regulations also require users to be competent in the use the equipment. Other legislation also applies but has not been assessed in any great detail during this Review eg The Road Vehicles (Construction and Use) Regulations and The Road Vehicles Lighting Regulations. 5. FINDINGS Following a review of the Insurance Office database it was found that across the University, 6 Departments, Estates & Facilities 2, Commercial Services, Sports & Leisure, Libraries & Archives, IT Services and Halls of Residences, and 5 academic Schools / Units, Psychology, SENRGY, Biological Sciences, Ocean Sciences and BioComposites 3, operate owned and / or leased vehicles. In total c.45 vehicles are used on University related business, which includes cars, pick-ups, vans (eg transit, caddy), land rovers and 4 x 4s. Of the 45 vehicles, 39 are owned by the relevant School / Department and 6 are leased. Department / School Cars Pick-Ups / 4 x 4s Vans eg Transit Estates & Facilities Commercial Services 3 Sports & Leisure 2 Libraries & Archives 1 IT Services 2 Halls of Residences 1 5 Psychology 1 Biological Sciences 2 Biocomposites 1 Ocean Sciences 1 2 Land Rover SENRGY 1 TOTAL It is apparent that in most cases there is a good awareness, possibly due to the management of our own personal vehicles, that vehicles must be road legal: Vehicle Tax, MOT, with insurance cover in place for vehicles and drivers. 2 The Estates & Facilities Department consists of five constituent Sections; Estates & Property, Grounds & Gardens, Post & Telecoms, Security, Domestic / Facilities 3 BioComposites comes under the remit of the College of Natural Sciences. It is not an academic School but will be referred to as such for the purposes of this Report Driver & Vehicle Safety Review November 2015 Page 4

5 a. Driver Licences & Insurance Two systems are currently in operation to arrange insurance for owned / leased vehicles. Schools / Departments can either notify the Insurance Officer direct, eg via , and the Insurance Officer arranges insurance with the Insurance provider, or through completion of the automated on-line Vehicle Insurance Submission Form (leased / rental vehicles only). As the Insurance Policy does not name individual drivers, stating that cover applies to any person driving who is driving on the order or with permission of the Policyholder, Schools / Departments, must, when arranging insurance, provide details about each by either submitting the Insurance Officer s Driver Authorisation Form, or declaring driver details on the on-line Vehicle Insurance Submission Form. The Review found inconsistencies across Schools / Departments with regards to the insurance requirement to authorise drivers and check driving licences annually. As highlighted in the appended chart (Figure 1) the number of Schools / Departments with systems in place to carry out annual driver authorisations / driving licence checks were greater than those without a robust system. On closer investigation however, the three Schools and one Department who do not check driving licences or authorise drivers annually actually operate 64% of the total owned / leased vehicles at the University System in Place for Driver Licence Checks, per School/Department Yes No / Not Robust Figure 1 In addition, two different types of driver authorisation documents exist, which causes confusion: Finance Department s Driver Authorisation Form as part of the initial driver / vehicle insurance process, and Health and Safety Services, Driving on University Related Business Form that supports the Driver and Vehicle Safety Policy Standard and the annual (insurance) requirement to authorise drivers and check their driving licences. These will need to be merged into one Form. All Vehicles: Driver Licence Checks 64% 36% b. MOT Testing & Certification The relevant School and Department is responsible for ensuring their vehicles have a Robust System in place Unrobust System in place current and valid MOT certificate. The original MOT Certificate is then forwarded, as appropriate, to either the Insurance Officer or the Finance Department s Accountancy Assistant (embedded within the Estates Department), who subsequently arrange Vehicle Tax. Figure 2 Driver & Vehicle Safety Review November 2015 Page 5

6 There is no central system for MOT prompts, unless Certificates are aligned with the date of the Vehicle Tax renewal. The date of the last MOT Test is also not routinely displayed within a vehicle. In addition, there is currently no arrangement to ensure that Advisory Notes contained on an MOT Certificate are considered and actioned as necessary. c. Vehicle Taxation Vehicle Tax 5 is arranged by the Accountancy Assistant who oversees the Estates and Facilities fleet (includes Commercial Services, Sports & Leisure and Halls vehicles which all historically fell under the Estates remit), or the Insurance Officer who oversees the remaining Schools / Departments. The Finance Department (via the Insurance Officer or Accountancy Assistant, as appropriate) receives all DVLA Vehicle Tax Reminders. Unfortunately, due to Tax Disc changes, there is no longer a visual indication that a vehicle has valid Vehicle Tax, with confirmation now only available on the DVLA Website or via the payment receipt. A cross check of all 45 vehicles against the DVLA Website confirmed Vehicle Tax was in place for 44 vehicles. The one un-taxed vehicle was said to be as a result of a mistake in the post code and the DVLA Tax Due Notice being sent to the wrong address. This however indicates a weakness in the current system. One vehicle was found to be Taxed whilst not being used and was officially off-road with a SORN (Statutory Off Road Notification) confirmed with the DVLA. In general, the current system works but there is heavy reliance placed on a few key individuals, the Insurance Officer and Accountancy Assistant, to arrange Vehicle Tax and even remind Schools / Departments about due MOTs Tests. Only a small number of Managers create their own prompts when Vehicle Tax and MOTs are due. d. Vehicle Maintenance & Roadworthiness All Schools / Departments arranged formal servicing as a minimum annually, with the Halls Office and Commercial Services implementing good practice and arranging 6 monthly services. In most cases, servicing was linked to the MOT Test, with garages instructed to address issues at the same time, although documentary evidence of servicing was not always readily available due to the MOT Test Certificate being viewed as the paramount piece of paper. This, as well as the sporadic use of Vehicle Log Books, makes it difficult to prove servicing has been undertaken, if needed, at a later date. However, processes were evident across all areas to empower drivers to report concerns / faults with vehicles and to remove these from use until repairs were undertaken. Regular Vehicle Inspections must be undertaken in accordance with the Highway Code and general requirements of PUWER, with the purpose of ensuring work equipment, ie vehicles, continue to be safe for use. Weekly recorded Vehicle Inspections are required by University Policy and provide assurance that a vehicle remains roadworthy. The level and quality of Weekly Vehicle Inspections varied. Some Schools / Departments went above and beyond the standard, carrying out daily recorded checks, whilst others had a more ad- 5 Lease companies normally arrange Vehicle Tax and recall vehicles for MOT, service and on-going maintenance Driver & Vehicle Safety Review November 2015 Page 6

7 hoc approach. For example, inspections not carried out weekly, Inspection Checklists not completed in-full (offering little confidence that the Inspection had been carried out correctly), or there being no record of who carried out the Inspection and when. As part of the Review HSS inspected a number of vehicles across different Schools / Departments. This exercise highlighted Inspection Checklists are sometimes used as a tick box exercise and that the Checks being marked as completed were often not being carried out to the standard expected. This was especially prevalent when confirming tyres are roadworthy ie tyre tread depth, tyre pressure or (un)even wear. The evident problems with undertaking and recording Weekly Vehicle Inspections are possibly exacerbated by the current Weekly Checklist format, which is quite onerous. It is recommended this be simplified to concentrate on safety critical elements, eg tyre condition and lights, with a more detailed Monthly Checklist developed that would take into account other elements of a vehicle inspection such as fluid levels. In some instances staff did not have the correct equipment, eg pressure gauge, to carry out the check, even though in some cases they had signed off the task as being completed. It is essential staff are provided with the correct equipment to carry out the tasks being requested of them. In addition, it is advisable, where possible, that two members of staff work together when carrying out the vehicle inspections. It was also apparent that Drivers are often unaware that in Law, they as the driver, are deemed responsible for the vehicle. For example, in the event they were stopped by the Police and the vehicle was found to have bald tyres, then irrespective of the vehicle belonging to the University, they as the driver would be deemed responsible and receive any fine and associated Penalty Points. It is essential that following this Review Schools / Departments are reminded of the key requirements of the Driver and Vehicle Safety Policy Standard and the fact that HSS can provide Vehicle Inspection Training if required. Clarification should also be provided regarding associated University insurance procedures; the need to authorise drivers and check driving licences annually and the importance of notifying changes in owned / leased vehicles to the Insurance Officer promptly to make sure central Finance records remain pertinent. Drivers must also be informed about their duties, both in Law and as a member of staff or student driving a University owned / leased vehicle. For example, participation in driver authorisations / driving licence checks, completing Vehicle Inspections, reporting Penalty Points and medical conditions which could affect their ability to drive safely. As part of this process drivers must be reminded to seek the advice of their Manager / Supervisor if they feel they do not have the necessary skill and experience to either drive a specific vehicle or carry out Vehicle Inspections. Gratitude: Is expressed to the University Insurance Officer and all Schools and Departments who participated in the Review. Driver & Vehicle Safety Review November 2015 Page 7

8 6. RECOMMENDATIONS The following recommendations are made to enhance upon existing arrangements: Ref Recommendation Action By 1. Establish a single Finance Department system for all Vehicle Tax and MOT documents (establish automated prompts) or delegate responsibility to the relevant Schools / Departments 2. If 1. above is not possible, School / Department to establish systems to prompt when Vehicle Tax, Driver Insurance and MOT Tests are due, rather than relying on a 3 rd Party Finance / Schools / Departments Schools / Departments 3. Display date of MOT and Vehicle Tax in each vehicle Schools / Departments 4. Amalgamate the Finance Department s Driver Authorisation Form and HSS Driving on University Related Business Form HSS 5. Promote Vehicle Inspection Training HSS 6. Simplify the Weekly Inspection Checklist to include critical items only, with the more detailed Checklist required monthly (Policy Amendment needed) HSS 7. Update the Finance Department s Website with amended documents Finance 8. HSS/Finance to remind Schools / Departments of their responsibility to: i. Carry out documented Vehicle Inspections with Checklists completed in full and signed by the person doing the inspection Schools / Departments ii. Inform the Insurance Officer of all owned / leased vehicles and associated drivers with changes notified promptly iii. Ensure all vehicles receives regular servicing, at least in accordance with manufacturers recommendations iv. Ensure all MOT Tests are undertaken on time v. Ensure all Advisory Notes appended to the MOT Test Certificate are considered, with time-scales and impending Advisory s actioned as soon as appropriate vi. Before any member of staff or student drives a University owned / leased vehicle, authorise them through completion of the amended Driver Authorisation Form (see 4. above) and driving licence check vii. Ensure new drivers appointed after the annual authorisation / check are captured Driver & Vehicle Safety Review November 2015 Page 8

9 Ref Recommendation Action By viii. Annually thereafter re-authorise relevant drivers through completion of the Driver Authorisation Form and driving licence check ix. Maintain relevant records (or copies of), for each vehicle: MOT Test Certificate, MOT Advisory Notes, Vehicle Inspections, Tax, Insurance, Service Records, Vehicle Log Book 9. Remind drivers of their responsibilities to: i. Carry out Vehicle Inspections if requested (training can be provided through HSS) ii. Participate in annual Driver Authorisation / driving licence checks Drivers through respective School / Department iii. Be aware that they as the driver are responsible if found driving an un-roadworthy vehicle iv. Report to their Manager / Supervisor immediately: o any DVLA Medical Condition and / or other condition which could affect their ability to drive safely; o penalty points / endorsements; o concerns regarding driving a vehicle or carrying out Vehicle Inspections. Driver & Vehicle Safety Review November 2015 Page 9