Safer driving at work policy

Contents

1 Introduction

The overall aim of this policy is to ensure the trust has suitable and sufficient arrangements in place related to staff who drive whilst at work and to provide relevant guidance contained in the document “Driving at work, managing work related road safety (staff access only) (opens in new window)”.

The document details arrangements which include both individual and collective responsibilities. The health and safety executive, in collaboration with the department for transport and the royal society for the prevention of accidents have published guidance for employers on “driving at work, managing work related road safety”. This guidance clearly states a view that the requirements of section 2 of the Health and Safety at Work Act (1974) and Regulation 3 of the Management of Health and Safety at Work Regulations (1999) apply to all work related activities, including driving of vehicles

The guidance states that it is essential to have an effective policy which covers the issue of driving whilst at work, clearly defining responsibilities for both the trust and for its staff, the arrangements for implementation.

2 Purpose

The purpose of this policy is to ensure that risks associated with driving whilst at work are minimised, so far as reasonably practicable and that adequate controls are in place to protect both the trusts interests and the safety of its staff. The policy provides a set of standards, which form a framework within which all parties may confidently operate.

This policy establishes a framework for dealing with situations that may arise as a consequence of its implementation, for example, identifying persons who are unfit to drive or are no longer permitted to drive trust vehicles or leased vehicles. It does not diminish in any way an individual’s responsibility to act within the law in all regards when driving on the public highway.

3 Scope

This policy applies to all persons who drive trust owned or leased vehicles on behalf of the trust for business purposes, either as an essential part of their employment or on a casual basis or for convenience and also includes leased vehicles where the lease has been arranged by the trust and insurance is provided by the trust. This policy includes volunteers and others who drive trust owned or leased vehicles as part of their volunteering duties and who are personally responsible for ensuring that they are qualified to drive the relevant type of vehicle.

This policy also applies to staff and volunteers who use their own vehicle or co-wheels vehicles in order to undertake some element of their role within the trust (for example, travel to other sites, outreach work, travelling to training venues, etc.).

4 Responsibilities, accountabilities and duties

4.1 Chief executive

The chief executive has the overall accountability for health and safety which includes ensuring that legal requirements, including those related to driving whilst at work are met, and adequate resources are made available for the trust to meet its obligations. The responsibility for implementing procedures to support staff and others to drive in a safe manner whilst at work is devolved to other directors, manager and supervisors.

4.2 Health and safety lead

The health and safety lead has responsibility for overseeing compliance with health and safety legislation throughout the trust which includes that related to driving whilst at work.

4.3 Directors or managers or supervisors

Directors or managers and supervisors are responsible for ensuring that this policy is implemented and for providing support to their respective staff. Duties include:

• ensuring that all persons whose work involves driving trust owned or leased vehicles complete the ‘drivers questionnaire’ prior to being assigned driving duties, see appendix B
• on an annual basis, ensure that staff who drive trust owned or leased vehicles hold a valid driving licence and are permitted to drive. Prior to driving a trust owned or leased vehicle the person’s driving licence should be checked to ensure that the correct driving licences are held for the particular class of vehicle(s) to be driven. appendix C provides details of how to check a driving licence and how to record this
• on an annual basis for staff who drive their own vehicles, and who wish to claim travel expenses, ensure that staff provide proof of insurance for business use, a valid MOT certificate (if applicable) and a copy of their vehicle log book (V5C)

4.4 All trust staff

All staff and other persons who drive trust owned or leased vehicles as an essential part of their employment should provide a driving licence check code to their manager or supervisor on an annual basis, to prove their continued qualification to drive. Appendix C provides details on how to provide your manager or supervisor with a check code to validate your licence. Staff have a responsibility to advise their manager of any changes to their licence which effects their ability to drive.

Where staff are required to drive trust owned or leased vehicles or their own vehicle as an essential part of their duties, they are duty bound to inform their line manager of any additional convictions (including penalty points) or periods of disqualification immediately.

Staff who drive their own vehicle whilst at work, and wish to claim travel expenses must provide proof of insurance for business use, a valid MOT certificate (if applicable) and a copy of their vehicle log book (V5C) to their manager on an annual basis. Staff should familiarise themselves with the trust drivers’ handbook (staff access only) (opens in new window) which should be read in conjunction with this policy.

The handbook details the trust requirements on the use, servicing, running and many other aspects of the trust vehicle operation.

5 Procedure or implementation

5.1 Insurance

The law requires all persons who drive on the public highway to be adequately and appropriately insured.

All persons who drive trust owned or leased vehicles as an essential part of their employment and all persons who request vehicles to be hired or leased by the trust for their use on business purposes are automatically covered by the trusts’ insurance policies.

Co-wheels vehicles are not covered by the trusts’ insurance policy, but insurance is covered as part of the co-wheels agreement. All drivers will be subject to yearly licence checks which will be undertaken by co-wheels.

Staff who drive their own vehicle whilst at work must provide proof of insurance for business use to their manager.

5.2 Fitness to drive

It is the responsibility of all staff to ensure that they are medically fit to drive on the public highway, irrespective of whether they are doing so as an individual for social, domestic or pleasure purposes, or whether they are doing so as a work-related activity.

Where staff are required to drive trust owned or leased vehicles as part of their duties, they are duty bound to inform their line manager immediately of any medical condition which would prevent them from driving legally on the public highway. Managers will relieve the person of all driving duties with immediate effect and in consultation with the individual, may identify suitable means by which they may continue to undertake their normal duties or alternative work activities (as a short term solution). Advice should be sought from HR and where applicable from occupational health.

Drivers of trust vehicles must declare to their line manager if they are suffering from or are diagnosed with any medical condition that might adversely affect their ability to drive safely, (for example, epilepsy, diabetes, and vision impairment). Reference will then be made to occupational health, who will assess the condition of the individual and advise the trust regarding on a course of action.

Where a person drives trust owned or leased vehicles either as an essential part of their employment, or where driving is part of an approved activity (for example, driving a minibus), the trust will seek to support individuals to ensure that fitness to drive is achieved. Support may include:

• pre-employment medical screening
• eyesight examinations (as necessary)
• health checks via occupational health

5.3 Road safety

The law states that it is the responsibility of the driver to ensure that any vehicle driven on the public highway is safe and fit for use.

Where staff or other persons engaged by the trust uses a vehicle that is owned, leased or hired by the trust, appropriate servicing, maintenance and MOT arrangements will be established in accordance with manufacturer’s recommendations and department of transport regulations.

5.3.1 Further guidance on road safety

The driver of a vehicle is responsible for the safe condition of the vehicle when it is taken on the public highway. All drivers should undertake basic routine checks of vehicles provided for their use before driving the vehicle. (see appendix A for checklist)

Drivers must not drive under the influence of alcohol, intoxicating drugs or other substances that are likely to impair judgement or the ability to react quickly and appropriately to road conditions or circumstances.

Drivers who are taking prescription drugs which might adversely affect their ability to drive should inform their line manager in the first instance and cooperate fully in determining the most appropriate course of action

When driving whilst at work RDaSH staff are required to comply fully with UK law. It is the responsibility of RDaSH staff to be familiar with the highway code, road safety and all vehicle rules. Current government UK law in this matter as at the last review of this policy (Jan 2022) is summarised below:

5.3.2 Using a phone or a sat navigation when driving

It’s illegal to hold a phone or sat nav while driving a car or riding a motorcycle. You must have hands-free access, such as:

• a Bluetooth headset
• voice command
• a dashboard holder or mat
• a windscreen mount
• a built-in sat nav

The device must not block your view of the road and traffic ahead.

You must stay in full control of your vehicle (opens in new window) at all times. The police can stop you (opens in new window) if they think you’re not in control because you’re distracted and you can be prosecuted.

The law still applies to you if you’re:

• stopped at traffic lights
• queuing in traffic
• supervising a learner driver

5.3.3 When you can use a hand-held phone

You can use a hand-held phone if either of these apply:

• you’re safely parked (opens in new window)
• you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop

Penalties

You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You’ll also lose your licence if you passed your driving test in the last 2 years (opens in new window).

You can get 3 penalty points if you don’t have a full view of the road and traffic ahead or proper control of the vehicle.

You can also be taken to court where you can:

• be banned from driving or riding (opens in new window)
• get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)

5.4 Reporting accidents and incidents

In the event of any accident whilst driving at work, an incident report form must be completed and submitted by the driver involved in the incident.

Where staff are driving trust owned or leased vehicles or vehicles which are hired by the trust for their use and they are involved in a road traffic accident or incident which results in damage to a vehicle, loss or damage to property or injury to persons, they must report to their manager as soon as possible any incident which may give rise to a claim irrespective of the amount of damage.

Under no circumstances should a driver admit liability or make offer of payment to a third party or his insurer. It is vital that the driver notes the registration number of the vehicle(s) involved. The full name and address of each driver should be obtained. A mobile phone number proves insufficient in many cases.

It is vital to obtain contact details of any witnesses and is also preferable to also obtain statements from such witnesses if possible. Photographs and a detailed sketch (showing road markings) may also assist if liability is subsequently disputed.

5.5 Dealing with staff who have incurred additional convictions or disqualification

Should any member of staff be disqualified from driving their manager must relieve the person of all driving duties with immediate effect. In consultation with the individual, the manager should seek to identify suitable means by which the staff may continue to undertake their normal duties or alternative work activities (as a short term solution). Advice will be sought from HR and in consultation with the staff member and their line-manager to determine the most appropriate course of action.

6 Training implications

Managers must be confident that all drivers are competent to drive the vehicle concerned, for example, mini bus. Employees and volunteers who are required to drive trust vehicles are required to undertake an assessment of their ability to drive a particular vehicle. Assessments will need to be undertaken by a suitability qualified assessor and training arranged through the logistics department. Training appropriate to the vehicle will be carried out which also includes safe working methods of fixing and operating equipment such as trailers, lawn cutting devices, salt spreaders etc.

7 Monitoring arrangements

7.1 Driving licence checks

• How: Checks.
• Who: Manager or supervisors.
• Reported to: Document on supervision records or personnel file.
• Frequency: Annually.

7.2 Driving or vehicle documents checks (insurance, MOT, log book)

• How: Checks.
• Who: Manager or supervisors.
• Reported to: Document on supervision records or personnel file.
• Frequency: Annually.

7.3 Assessment and training records

• How: Practical assessment.
• Who: Manager or supervisors.
• Reported to: Kept in individuals personal file.
• Frequency: On completion of any assessment or training.

7.4 Fitness to drive

• How: Occupational health referral.
• Who: Manager or supervisors.
• Reported to: Personnel file.
• Frequency: As required.

8 Equality impact assessment screening

To access the equality impact assessment for this policy, please see the overarching equality impact assessment.

8.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, “not just clinically but in terms of dignity and respect”.

As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).

8.1.1 How this will be met

No issues have been identified in relation to this policy.

8.2 Mental Capacity Act (2005)

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals’ capacity to participate in the decision-making process. Consequently, no intervention should be carried out without either the individual’s informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the rights of individual are protected and they are supported to make their own decisions where possible and that any decisions made on their behalf when they lack capacity are made in their best interests and least restrictive of their rights and freedoms.

8.2.1 How this will be met

All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005) (section 1).

9 Links to any associated documents

This policy should be read and implemented in association with the following trust policies:

• Health and safety policy statement
• Waste management policy
• Drivers’ handbook for all trust operational vehicles and mini buses
• Financial policies and procedures: Procedure for the approval of use of private vehicle for business purpose and claiming expenses

10 References

• The Health and Safety at Work Act (1974).
• Management of Health and Safety at Work Regulations (1999).
• The Road Traffic Act.
• Driving At work, managing work related road safety (HSE, DFT, ROSPA) (opens in new window).

11 Appendices

11.1 Appendix A pre-use vehicle checks

The Road Traffic Act states that the driver is responsible for the roadworthiness of any vehicle, the load being carried and the wearing of seat belts by passengers, whilst travelling on the public highway.

As such, trust staff intending to drive any vehicle for work related purposes should undertake appropriate daily checks prior to using the vehicle, for example:

• check tyres, pressure or tread depth and visual inspection
• ensure that all lights are operating correctly. It is an offence to drive if your lights are not functioning properly
• ensure that you have sufficient fuel for the journey
• check oil levels and top up if needed, following manufacturers guidelines
• check screen wash level, top up if needed
• walk round the vehicle, visual inspection
• check that the windscreen is clear, and report any damage to your line manager
• tow bars and tail lifts are fitted and working correctly (where applicable)
• checking that the load does not exceed the vehicles carrying capacity and that the load is secured

These are tasks which do not require any technical expertise and are the basic checks included in the current UK driving standards examination.

It remains the responsibility of any driver to ensure that a vehicle is roadworthy. Departments are advised to record inspections of trusted owned or leased vehicles on the vehicle log book form which can be ordered via print services quoting WZT834/DP1965.

11.2 Appendix B driver’s questionnaire

• Appendix B driver’s questionnaire (staff access only) (opens in new window)

There is a requirement for the trust to confirm that persons who drive as part of their job role hold a valid driving licence.

The Individual has a responsibility to advise their manager of any changes to their licence which affects their ability to drive, and the manager has a responsibility to check that the employee has the correct licence, to ensure that individual is eligible to drive a particular class of vehicle.

The DVLA website has a facility for licence holders which allows any licence holder to create a “one off” licence check code to share their driving record with a third party, for example, the trust. This means that trust staff or volunteers can provide the check code to their manager or supervisor who can then access an individual’s record online to ensure that the driver or employer satisfies all legal and trust requirements

11.3.1 Procedure for the online checking of driving licence

The individual should check their driving record at the website below and by completing the necessary information a check code is generated which is unique and only valid for 21 days. Your manager or supervisor should be provided with the check code and your photo licence card at the GOV.uk driving licence (opens in new window).

Manager or supervisor, should follow the link below after receiving the information from the member of staff:

• GOV.uk check driving information (opens in new window)

The manager or supervisor should log onto the website below, input the driver number and the code supplied by the staff member; this will enable them to verify the driver record, note that the code is only valid for 21 days once it has been generated.

Driving licence information should not be printed and retained on personnel files as the general data protection regulations (GDPR) could deem this to be excessive. The supervisor or manager only needs to record the date and time that they have viewed the driving licence.

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Document control

• Version: 6.1.
• Unique reference number: 211.
• Date approved: 11 January 2024.
• Approved by: Corporate policy approval group.
• Name of originator or author: Head of estates and facilities or head of facilities.
• Name of responsible individual: Director of estates and facilities.
• Date issued: 12 January 2024.
• Review date: February 2025.
• Target audience: All managers with responsibility for staff who drive vehicles which are owned or leased by the trust and all staff who drive vehicles whilst at work.