Do any of your staff drive for work? Employees on the road are on average the most at risk group in a organisation, and numerous pieces of legislation have been enacted to protect these workers from hazards associated with their roles, such as the European driving regulations which limits the amount of time a worker can drive for without taking a break.
The latest measure being a national Garda operation targeting motorists using mobile phones, which is becomming one of the biggest causes of accidents on our roads, and a growing concern for employers.
Garda Crackdown
The operation which is being mounted this week will look to crack down on those holding a mobile whilst driving. In a statement, which appears on RTE.ie, gardaí said it was apparent that holding a mobile phone while driving remained a significant issue. They said that in the first three months of this year, nearly 10,000 people were detected holding a mobile while driving. Assistant Garda Commissioner John Twomey said mobile phone use while driving is now the second-highest motoring offence detected by gardaí.
Speaking on RTÉ's Morning Ireland, Commissioner Twomey, of the National Traffic Bureau, said the first three months of 2014 saw a 60% increase in the number of motorists using their phone while driving. There is a four-fold increase in the risk of having a collision when using a mobile, he said, which poses a growing challenge for gardaí. He added: "We're trying to get people to stop using a mobile phone because of the dangers and risks posed. We don't want to issue fixed charge notices, we want people to stop using it." No call or text is so important that you should put your own life or the lives of other road users at risk, he added.
Employer Responsibilities
As an employer you will need to ensure that those staff that are required to drive as a part fo their role are clearly told not to answer or make calls or texts whilst driving. If using a hands free kit they should ensure that controls are located on the steering wheel and there is no need to touch the phone, and where possible they should still pull in to answer or make any calls. The issue of vicarious liability will be a major concern for employers and they should be seen to do everything they can to show that they have informed employees as to what is and is not expected of them.
Policies & Procedures
Finally as an employer you should also make the employee aware fo the company procedures in regards to driving for work, and this should include when to present the employees license for inspection, to keep the employer informed of any points or endorsements, an accident procedures, and what will be done with any fines incurred whilst driving. It should be made expressly clear that the Company will not be liable for the payment of any such fines and they will be the employees responsibility.
Having a clear drivers policy/handbook is vitally important for an employer and will ensure that there is a clear message sent to all employees who drive for work as to what is and is not expected of them. This can play a major part in the defence of a potential claim. They [drivers] are the largest risk group in the majority of organisations and one which can be frequently overlooked as they are not on the premises every day - out of sight, out of mind.
