Road Traffic legislation has long held that the driver of a vehicle is responsible for its condition and is responsible for its use on the road. As an employer, you the Employer has general duties under the Health and Safety at Work Act to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees and to safeguard others who may be at risk from its work activities. In addition, the Employer has specific duties under the Management of Health and Safety at Work Regulations and the Provision and Use of Work Equipment Regulations when work-related driving activities are undertaken.
Recent case law establishes that employers can be held responsible for the actions of drivers in their employment. Ultimately, it is not possible to be totally up to date with every employee’s circumstances, however, carrying out the checks detailed in this policy will provide a good defence should a serious incident occur. As with most employment-related issues, management needs to be proactive rather than relying on employees to ensure that their own documents are in order.