Registered Driving for Work Policy This policy is to be read in Conjunction with the Consortium Transport Policy References Other CLC policies relating to this policy Health and Safety Policy Transport Policy Smoke Free Workplace Policy Staff Handbook Legislation relating to this policy Road Traffic Act 1988 Health & Safety at Work ACT 1974 Management of Health and Safety at Work Regulations 1999 & 2003 Provision and Use of Work Equipment Regulations 1998 Date of Last Review July 2016 Date of next Review July 2017 Responsible for Policy Review Human Resources Department/Health & Safety Committee 1
CONTENTS Introduction... 3 Policy Statement...3 Code of Conduct... 4 Responsibilities and Competence... 5 Employer Responsibilities... 6 Managing Risk... 8 2
Introduction Community Lives Consortium has a duty under the Health and Safety at Work etc. Act 1974 (HSWA) to manage the risks (as far as is reasonably practicable) to the health, safety and welfare of those who need to drive as part of their job or while they are engaged in work activities. This policy sets out the responsibilities and arrangements in place in the Consortium to manage work-related driving risks. During the course of work you may be required to use your own vehicle or a company vehicle or Tenants s vehicle for the purposes of Driving for Work. This policy is to promote a safe driving culture within the organisation. Policy Statement The Consortium recognises that it has a responsibility, not only for the health and safety of staff engaged in driving for work, but also to other road users and members of the public. The Consortium will endeavour to comply with all driving related legislation and to adopt best practice, where practical, for those driving on Consortium business. The risks and risk controls associated with driving and vehicles will be identified by the process of risk assessment (See Section 6). In addition to the above the Consortium also accepts that sustainability is an important consideration and that this should be included in the assessment for any journey undertaken. The policy does not apply to the activity of driving to or from work. This is currently not under the scope of the Health and Safety at Work etc Act or associated legislation. This policy applies to Consortium employees who drive or who manage those who drive on work-related business. This policy recognises that there are two categories of staff who drive as part of their work and this policy applies to both categories as detailed below: Staff who are required to drive vehicles owned, hired or leased by the Consortium as an integral part of their role; Staff who use their own vehicles for driving for work (Please refer to Transport Policy re: Tenants own vehicle) 3
The Consortium will: provide information via this policy to employees who drive vehicles in the course of their work to demonstrate safe, efficient driving skills and other good road safety habits at all times. maintain all company vehicles in a safe, clean and roadworthy condition to ensure the maximum safety of the drivers, occupants and other road users, and reduce the impacts of company vehicles on the environment this also applies to personal vehicles used for work purposes. Code of Conduct While driving company vehicles or own vehicles for work purposes, employees must comply with the Road Traffic Act 1988; be conscious of road safety and demonstrate safe driving and other good road safety habits. The following actions whilst driving for work will be viewed as serious breaches of conduct resulting in disciplinary procedures: being under the influence of drugs or alcohol whilst driving (please refer to Alcohol and Substance Misuse Policy) driving while disqualified or not correctly licensed If you are disqualified from driving for any period, it is not possible to insure you to drive any Motability vehicle for 5 years following your disqualification. Therefore, your continued employment with the Consortium may be at risk if you are disqualified from driving and/or if driving is an essential criteria required for you to carry out your work. reckless or dangerous driving - whether resulting in an accident or not failing to stop after a crash acquiring penalty points leading to suspension of licence any actions that lead to the suspension of a licence using a mobile phone smoking in vehicle (please refer to Smoke Free Workplace Policy) 4
Responsibilities and Competence If staff hold a valid UK Driving Licence then there must be an assumption that they are competent drivers. Every driver of a company and personal vehicle used for work purposes will have read and signed a risk assessment (Appendix 1 - Driving for Work Risk Assessment). A separate Risk Assessment is to be completed where rest periods are needed and all Tenants Holidays. Drivers must also: ensure they hold a full and valid driver s licence that enables them to drive in the UK for the class of vehicle they are driving and this licence is carried when driving for work (See Appendix 2 Annual Driver Record Sheet) immediately notify the Deputy Chief Executive and Director of Operations and their line manager if their driver s licence has been suspended or cancelled, or has had penalty points or limitations placed upon it. If any member of staff acquires too many penalty points (9 or above) the Consortium may take the decision that they are not to drive a Tenants vehicle or their own to transport Tenants. This may have a consequence for providing the service to the people where the member of staff works, therefore it may be necessary to move the member of staff to work with other Tenants where transport is not so important. Any decision may be made jointly between the Human Resources Department and Operations Department. Ensure the car is legally registered, taxed and have a valid MOT certificate. have Business Insurance Class 1 for the purposes of driving for work this is a legal requirement - the employee must show evidence of this. be responsible and accountable for their actions when operating a company vehicle or driving for the purposes of work in their own vehicle display the highest level of professional conduct when driving a company vehicle regularly carry out checks of the vehicle (eg Water, Oil, Tyres etc) - (see Transport Policy) comply with traffic legislation when driving drive within the legal speed limits, including driving to the conditions i.e. snow etc wear a safety belt at all times never drive under the influence of alcohol or drugs, including prescription and over the counter medication if they cause drowsiness to do so will lead to disciplinary measures (employees to inform their line managers if they are taking prescription drugs which may cause drowsiness and affect their driving) avoid distraction when driving the driver will adjust mirrors etc before setting off, or pull over safely in order to do so report vehicle defects to a manager before the vehicle is used by another employee. 5
In addition, it is required that all drivers: take regular and adequate rest breaks, at least every 2 hours when driving; stop when tired; plan their journeys, taking into account pre-journey work duties, the length of the trip and post-journey commitments; stay overnight if driving time and non-driving duties exceed 12 hours in one day; must not carry loads for which the vehicle is unsuited, nor may they carry more passengers than for whom there are seat belts. If children are being transported then the appropriate sized child seats must be used in the vehicle. must not use the vehicle in conditions for which it was not designed (such as off-road driving). do not smoke in the vehicle used for work purposes. Employer Responsibilities The employer will take all steps to ensure company vehicles are as safe as possible and will not require staff to drive under conditions that are unsafe and/or likely to create an unsafe environment, physical distress, fatigue, etc. The Employer will ensure all company vehicles are well maintained and that the equipment promotes driver and passenger safety by: arranging for the servicing of company vehicles according to manufacturers recommendations setting up procedures where employees check vehicles oil, water, tyre pressures and general cleanliness on a monthly basis, then record the inspections keeping maintenance records in the glove boxes of all vehicles, which are completed each time the vehicles are serviced in any way following the maintenance records in the vehicles manuals. Placing No Smoking signs in ALL Company Vehicles. The Employer will encourage safe driving behaviour by: not paying staff speeding or other infringement fines forbidding the use of mobile phones in vehicles while driving encouraging regular breaks while driving encouraging the use of taxis and buses whenever necessary 6
Encouraging better fuel efficiency by: encouraging employees to car share giving staff options to transfer to a workplace closer to their home ( where practical). encouraging the use of public transport. What employees are to do if they are involved in a car accident in a company vehicle? Immediately stop your vehicle at the scene or as close to it as possible, making sure you are not obstructing traffic. Ensure your own safety first. Help any passengers e.g. Tenants, other support staff and call for assistance if needed. Try to get the following information: details of the other vehicle(s) and registration number(s) name(s) and address(es) of the other vehicle owner(s) and driver(s) name(s) and address(es) of any witness(es) name(s) of insurer(s). take photographs of damage (if possible) Give the following information: your name and address and company details. If you damage another vehicle that is unattended, leave a note on the vehicle with your contact details. Contact the police: if there are injuries if there is a disagreement over the cause of the crash if you damage property other than your own if damage to the vehicle is very extensive Recording of Accidents If an employee has an accident in the vehicle they are to complete an Accident Record accompanied by a Remedial Action Form. This will be passed to the Health and Safety Manager who will investigate as needed and work with the Business & Transport Officer to address any safety issues of the vehicle which may have caused the accident. You can also complete an accident record and remedial action form online - just go to the CLC Policy Blog and it is on the main heading: clcpolicy.wordpress.com 7
Managing Risk Risk Assessments need to be carried out to ensure all hazards and risks have been discussed and control measures are put in place when Driving for Work. Here are the 5 Steps to completing a Driving for Work Risk Assessment: Step 1 - Look for hazards that may result in harm when driving on public roads. The range of hazards will be wide and the main areas to think about are the driver, passengers - such as Tenants with challenging behaviour, the vehicle and the journey plus adverse weather conditions. Step 2 - Decide who might be harmed - Driver, Tenants and other passengers. Step 3 - Evaluate the risk and decide whether existing precautions are adequate or more should be done. You need to consider how likely it is that each hazard will cause harm. This will determine whether or not you need to do more to reduce the risk. It is likely that some risks will remain even after all precautions are taken. What you have to decide for each significant hazard is whether the remaining risk is acceptable. Ask yourself whether you can eliminate the hazard, e.g. telephone or email the person instead of travelling to see them. If not, you should think about how to control the risk, to reduce the possibility of harm, applying the principles set out below. e.g. Using public transport Step 4 - Record your findings - Complete the Risk Assessment which must be suitable and sufficient; including the requirements of securing wheelchairs or ramps in the vehicle; seat belts are properly fitted to the individual etc. You need to be able to show that: a proper check was made; you consulted those who might be affected; you dealt with all the obvious hazards. Step 5 - Review your Risk Assessment on a regular basis and revise if necessary. You will need to monitor your assessment to ensure that the risks to those who drive, and others, are suitably controlled - if the car or staff member has been involved in a car accident. changes to circumstances i.e. If Tenants needs or wheelchair/mobility equipment has changed. any other changes which may increase the risks to drivers, passengers, pedestrians and other vehicles on the road. 8