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Stay Safe on the Road: Employer and Employee Responsibilities

October 24, 2024 | By: Rex Yip

Whether driving for work, commuting, or using public transport, safety is paramount. Both employers and employees share responsibilities in ensuring that work-related travel is conducted safely.

Commuting to and from Work

    "Commuting" refers to the regular journey that employees take between their home and their normal place of work. This can involve various modes of transport, such as:

    • Driving a personal vehicle.
    • Using public transport.
    • Cycling or walking.

    Commuting does not count as driving for work and falls largely under the employee's responsibility. However, employers may still offer support or advice to encourage safer commuting practices, such as providing parking facilities or flexible start times to avoid peak traffic.

    The employer’s responsibility is generally limited, but they may offer advice or facilities, such as parking. Employees, on the other hand, should adhere to road rules and public transport guidelines during their commute. It’s also important to remind them to avoid distractions (e.g., mobile phones) and to consider fatigue while commuting.

    Driving for Work (Work-Related Journeys)

    According to HSE, "driving for work" refers to any driving activity that is conducted as part of an employee's work duties, excluding commuting to and from the workplace. This includes:

    • Travelling between work locations (e.g., visiting clients, attending meetings).
    • Making deliveries or collections.
    • Driving a company vehicle or using a personal vehicle for business purposes.

    Even if employees are driving their own vehicle, if the journey is for work purposes, it is considered driving for work. Employers must ensure that employees have appropriate business insurance coverage, and the vehicle is safe and that employees are licensed and fit to drive.

    Employers are responsible for conducting risk assessments for driving activities and providing comprehensive policies. These assessments should be ongoing and periodically reviewed, particularly when there are changes in circumstances (e.g., new vehicles, changes in employee health, different work locations). Employers should also offer guidance or training on safe driving practices, including fatigue management, and verify that employees hold a valid driving license. Additionally, conducting sight tests can help ensure that employees are fit to drive.

    Employees, on their part, must drive safely, adhering to traffic laws and the company’s driving policies. They should report any incidents or concerns to the employer and, if using a personal vehicle, ensure it is properly maintained and insured for business use. Additionally, employees must hold a valid driving license and report any changes in vision or health that could impact their ability to drive safely.

    Travelling for work

    "Travelling for work" refers to any travel an employee undertakes as part of their work duties, excluding commuting to and from their usual place of work. This can include:

    • Traveling between different work sites or client locations.
    • Attending meetings, conferences, or training sessions.
    • Traveling to perform work-related tasks, such as making deliveries or site visits.
    • Any travel where the employee is required to be at a location other than their normal workplace for work purposes.

    Travelling for work includes using public transport, or taking any vehicle as a passenger when required by work duties. Unlike commuting, employers have additional responsibilities to ensure that travel arrangements are safe, such as conducting risk assessments and ensuring proper business insurance.

    Vehicle Provided by Employer

    When an employer provides a vehicle, both parties have clear duties to ensure the vehicle is safe and used appropriately.

    Employer Responsibilities:

    • Ensure that the vehicle is roadworthy, maintained, and fit for purpose.
    • Conduct assessments and provide necessary training for safe vehicle use.
    • Ensure the vehicle is appropriately insured and meets legal requirements such as tax and MOT
    • Ensure the employee is aware of the vehicle’s safety features, and any specific driving or operational procedures related to their work.

    Employee Responsibilities:

    • Employees must operate the vehicle safely, following all road traffic laws.
    • Perform routine checks (tyres, lights, etc.) and report any faults or issues.
    • Follow all instructions, including safety protocols provided by the employer.

    Using Your Own Vehicle for Work

    Employees who use their own vehicles for work-related tasks must ensure their vehicle is suitable for the job. Employers also play a role in overseeing this process.

    Employer Responsibilities:

    • Ensure that the employee’s vehicle is appropriate for the work task.
    • Confirm that the employee’s vehicle insurance covers business use.
    • Offer clear guidelines on safe driving and legal requirements.
    • Ensure the employee holds a valid driving license and confirm they are fit to drive.

    Employee Responsibilities:

    • Keep the vehicle properly maintained and roadworthy, including having a valid MOT, tax, and insurance.
    • Ensure the vehicle insurance includes coverage for business use.
    • Adhere to road safety laws and company driving policies.

    Travelling on Public Transport for Work

    Employer Responsibilities:

    • Identify potential risks and provide safety guidance for employees using public transport for work.

    Employee Responsibilities:

    • Abide by public transport regulations and behave responsibly during work-related travel.

    Travelling in a Friend’s Vehicle for Work

    While less common, travelling in a friend’s vehicle for work presents unique challenges in ensuring safety and compliance.

    Employer Responsibilities:

    • Offer clear policies on acceptable travel methods and risk assessments when relevant.

    Employee Responsibilities:

    • Check that the vehicle is roadworthy, insured, and safe for travel before use.
    • Follow the employer’s travel safety guidelines even in informal travel arrangements.

    Final Thoughts

    For Employers:

    • Always provide the necessary tools, training, and guidance for employees traveling as part of their work.
    • Conduct risk assessments and make sure policies are in place to promote safe travel.
    • Ensure regular checks on driving licenses and vision tests for employees driving as part of their role.

    For Employees:

    • It is employees’ duty to drive safely, whether in a company car or their own, and to comply with both legal and employer requirements.
    • Regularly check the condition of the vehicle (whether company-owned or personal) and ensure it is covered for any work-related travel.
    • Inform the employer immediately of any accidents that occur while driving for work/travelling, following the company’s accident reporting procedures.
    • Notify the employer promptly of any changes in health or vision that could affect the ability to drive safely, ensuring appropriate action can be taken to maintain safety for all.

      If you need advice on your employees staying safe when using vehicles for travel at work give our advice line a call on 033 33 215 005 or email websiteenquiries@wirehouse-es.com

    About the Author
    Rex Yip
    Rex Yip
    Rex Yip, Author at Wirehouse Employer Services

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