Employees That Fail To Provide Personal Safe-Driving Data Could Face Legal Action

08/05/09

Employees who fail to comply with their employer’s best practice approach to occupational road risk management could find themselves in court, says a legal expert.

Many companies have highlighted that they are meeting vehement employee protests when asking for personal information and vehicle data - particularly in relation to privately-owned vehicle driven on business - when introducing at-work driving safety measures.

Some organisations using Fleet Support Group’s RiskMaster occupational road risk management have introduced their own ‘get tough’ policies in a bid to ensure employees sign-up to obtain a Permit to Drive. They include:

• WHSmith and the OyezStraker Group refusing to pay...

...mileage expenses

• The Labour Party banning employees from driving on business

• Other organisations refusing drivers’ permission to hire a car

However, employees who continue to evade their employer’s safe driving policies and procedures could find themselves charged under the 1974 Health and Safety at Work Act if they are involved in a crash.

Section seven of the 1974 Health and Safety at Work Act says that all employees have a duty while at work to:

• Take reasonable care for the health and safety of themselves and others who may be affected by their acts or omissions at work

• Co-operate with their employer or any other person, so far as is necessary, to enable their employer or other person to perform or comply with any requirement or duty imposed under a relevant statutory provision

Kevin Basnett, a specialist employment lawyer and partner in west country-based Goughs Solicitors and an adviser to FSG, said: “Individual members of staff have an obligation to keep themselves safe.

“Staff who have been consistently asked by their employer to comply with reasonable requests for information to enable them to meet their best practice compliance obligations and are then involved a crash, perhaps because they are using a mobile... continued on page two >

 

 

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