B37: Managing Occupational Road Risk: Guidance. This document should be read in conjunction with Section B37: Managing Occupational Road Risk: Policy.

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1 B37: Managing Occupational Road Risk: Guidance This document should be read in conjunction with Section B37: Managing Occupational Road Risk: Policy. 1. Introduction 1.1 This document outlines the mechanisms which are in place to meet the requirements outlined within the Corporate Health and Safety Policy and more specifically the policy in relation to managing occupational road risk. 1.2 The document describes the arrangements for managing risks associated with work-related journeys and the rules and procedures which apply to all drivers, including drivers using their own vehicles. Supplements to the main guidance document cover specific operations including: Passenger carrying vehicles Light commercial vehicles - in development Heavy commercial vehicles - in development Plant and equipment - in development Specialist vehicles e.g. off road - in development Transporting children and young people safely - in development 1.3 This document should also be read in conjunction with the following sections of the Safety Manual: Section B37: Managing Occupational Road Risk Policy Section B2 : Risk Assessment Section B31: Lone Working Policy and Guidance Section B29: Mini Bus Safety 2. Guidance 2.1 Definitions Vehicle: constitutes any vehicle, powered plant, equipment or trailer, owned by, hired by or loaned to Nottinghamshire County Council (NCC) or any vehicle used by an individual (including their own vehicle) whilst undertaking NCC business. Line Manager: person with direct responsibility for staff e.g. Service Manager, Team Leader, Supervisor, Head Teacher, Head of Department. 2.2 Driving at work risk assessment

2 2.2.1 The County Council aims to improve driving standards and reduce the incidence of injury and damage due to accidents by assessing the risks from driving. It is the responsibility of Service Managers to ensure that risks associated with driving within the scope of their operations are properly assessed and the risks minimised so far as is reasonably practicable In relation to work related journeys the main risks that must be considered in the assessment are categorised into three main areas:- Driver: Fit and competent to drive safely Vehicle: Fit for the purpose and in a safe condition Journey: Ensuring the journey is safe to undertake Consideration must also be given to lone working. Further guidance on lone working can be found in Section B30 of the Safety Manual Line Managers are responsible for ensuring employees are briefed about, and understand the control measures put in place as a result of the risk assessment process, and their responsibilities as set out within this document and the NCC Drivers Handbook. A Driving Safely Handbook is also available for those driving their own vehicle on County Council business. Further guidance on how to conduct risk assessments is provided in Section B2 of County Council s Safety Manual and specifically in relation to driving in Appendix 1 of this document. 2.3 The driver Driver authorisation and document checks Line Managers recruiting to a post which requires the post holder to drive a vehicle, must ensure that the standards, skill or expertise required are specified at the time of recruitment and that pre-appointment checks are undertaken e.g. checking the driving licence covers the category of vehicle the employee is required to drive. (See Appendix 2) a) Driver s Record Form: Prior to employees undertaking any driving activities for the first time for NCC Line Managers must complete either Appendix 4: Driver record form for employees who drive NCC vehicles [1] or Appendix 5: Driver record form and risk assessment for employees driving their own vehicles for business use. [1] Vehicle constitutes any vehicle, powered plant, equipment or trailer, owned by, hired by or loaned to NCC.

3 The relevant form must be signed and dated by the Line Manager and by the employee. Line Managers must retain the original record together with a copy of the employee s driving licence. This information must be kept in a secure location. Employees are entitled to a copy of the completed record forms. Further completion of the form should be undertaken depending on the level of risk. For employees who drive NCC vehicles this must be at least on an annual basis and could be more frequent depending upon operational activities. For employees driving their own vehicles on NCC business, the frequency should be proportional to the level of risk e.g. number of miles, record of accidents/incidents, carrying passengers. Refer to Appendix 1 for additional factors that can increase the likelihood of an incident. Completion of the form must not exceed a three year period and can be undertaken at the same time as the employee performance and development review (EPDR). b) Employees must hold a full, current and valid driving licence for the classes of vehicles driven. (See Appendix 2). Where necessary Line Managers should consult the Fleet and Compliance Manager at the Transport and Travel Services Centre to ensure the appropriate categories are identified. c) Line Managers must ensure employees who drive whilst on NCC business have been issued with a copy of the relevant drivers handbook i.e. NCC Drivers Handbook for those who drive NCC vehicles and the Driving Safely Handbook for those driving their own vehicle on County Council business. Employees should also be issued with any other relevant local information. d) Employees with in excess of 3 points on their licence must consult their Service Manager, who will in turn, consult the Risk and Insurance Section. Where an employee receives a driving ban or holds inappropriate insurance cover they must not drive on NCC business. In these circumstances, it may be necessary to involve other Sections e.g. Human Resources. e) It should be noted, that generally, people under 21 years of age are excluded from the NCC Fleet Insurance Policy. In such cases, the Line Manager must contact the Risk and Insurance Section to ensure the person is insured Health Requirements a) Any person who drives for NCC must be physically and mentally fit to do so safely. b) Drivers must report to their Line Manager any permanent or temporary impairment in their health; or if they are taking prescribed medicines which could affect their ability to drive safely. c) Line Managers should be alert for signs of ill health and stress which could impair their employee s ability to drive safely.

4 d) Any concerns that may affect or prevent an employee s ability to drive safely can be discussed with or referred to the Occupational Health Service who can be contacted on tel: Alcohol and other substances a) Drivers must not consume alcohol or illegal drugs before or during driving for work. Those with alcohol and drug problems will be treated sympathetically and in confidence if they come forward for treatment. Employees with alcohol or drug problems should be stopped from driving for the Authority and referred to the Occupational Health Service. Occupational Health can be contacted on tel: b) Where appropriate, medical opinion should be sought from Occupational Health Service to determine fitness to drive when staff are taking drugs for therapeutic purposes, whether obtained via a doctors prescription or otherwise. c) Drivers who consume alcohol or illegal drugs before or during driving for work will be dealt with under the disciplinary procedure Driver competence a) It is recognised that employees may be legally entitled to drive certain categories of vehicles as identified on their driving licence and the standard of driving required for people to pass their driving test provides employees with the basic competencies required to drive those categories of vehicles. b) Prior to driving for the County Council and thereafter on the basis as determined by (a) above, Line Managers must ensure the driver's record form in Appendix 4 and 5 are completed and assess if any training is required. For any other driving which falls outside an employee s normal driving activities e.g. driving large goods vehicles, passenger vehicles or off road vehicles, refer to their local operational procedures or the supplementary guidance in 1.2 above. c) To ensure competence is maintained, Line Managers must consider the requirement for refresher training on a programmed basis in accordance with their service area procedure. Where assessment/training is required Line Managers should organise this through their training co-ordinator as part of their service area procedure. d) Staff need to be made aware of the County Council s Policy on work related road safety and the requirement to comply with the organisation's rules and procedures. 2.4 The vehicle Suitability a) It is important to ensure that the vehicle is fit for it's purpose. Inappropriate vehicle selection is often identified as a contributory factor in vehicle accidents.

5 Consideration should therefore be given to safety features, passenger and load capacity, towing ability, ease of access to seats and load areas and ergonomics. b) All NCC vehicles must be procured through the Transport and Travel Services Centre to ensure that the vehicle meets the relevant construction and safety standards, standardisation policy and are maintained to VOSA standards. NCC vehicles should not be sourced outside this procedure without written agreement from the Transport and Travel Services Centre. They will not be covered by the County Council s insurance policy. c) Employees selecting a lease vehicle must ensure that the vehicle is suitable for the range of tasks carried out and managers should carry out a risk assessment to confirm this. All such vehicles must be procured through the Transport and Travel Services Centre Vehicle taxation, servicing and maintenance a) Line Managers must ensure all vehicles owned by, hired by or loaned to NCC are maintained in a safe condition and hold appropriate road fund licence and MOT (where applicable). Transport and Travel Services will maintain overall responsibility and give legal and operational advice as required. b) Where the vehicle is privately owned by an individual, and is used for NCC business, it is the employees responsibility to ensure the vehicle is in a safe condition and holds an appropriate road fund licence and MOT (where applicable). c) Under no circumstances must employees drive a vehicle that is deemed or suspected to be in an unsafe or illegal condition. Any faults or defects affecting the roadworthiness of vehicles must be corrected before further use. d) Arrangements have been established within NCC that allows all NCC vehicles to be serviced and maintained in accordance with manufacturer s requirements at the Transport and Travel Services Centre Daily vehicle checks a) Whilst the Transport and Travel Services Centre have overall responsibility, Line Managers must ensure that employees are aware of their responsibilities to inspect the vehicles. In cases where the vehicle is owned, hired or loaned by NCC, the Daily Vehicle Checklist (Appendix 6) and Defect Report Form in Appendix 7 must be completed in the absence of any local procedures being in place. b) The Daily Vehicle Checklist (Appendix 6) and the Defect Report Form in Appendix 7 must be retained for a minimum of 4 years, but Line Managers should be prepared to retain them for longer where issues have been identified and they may need to be referred to at a later date. c) All vehicles must be safe at all times and the driver is responsible for checking, monitoring and reporting vehicle defects.

6 d) Pre-use vehicle checks should be carried out by the driver in order to meet legal and/or duty of care responsibilities. This aspect of vehicle maintenance is over and above preventative maintenance procedures and covers the vehicle safety between periodic servicing Fire prevention and first aid kits a) NCC vehicles are equipped with fire extinguishers. The Fleet and Compliance Manger, Transport and Travel Services Centre, will ensure that the fire extinguisher is of an appropriate size and type and are suitably placed for controlling the risk. Employees must be conversant with the use of the fire extinguisher. All fire extinguishers must undergo annual inspection and maintenance. Records must be retained of the training given and the inspection/maintenance undertaken. b) Where the risk assessment determines the need for a first aid kit, these must be provided and arrangements made for instruction in their use and maintenance e.g. restocking. 2.5 The journey a) Accidents associated with fatigue and lack of concentration whilst driving are common and measures must be established to minimise the likelihood of this happening. Line Managers must recognise driving as one element of a task and identify any additional control measures required in the task risk assessment. b) Line Managers must ensure that work schedules are always planned, with road safety in mind, allowing sufficient time to enable the employee/s to travel at safe speeds and to comply with speed limits taking account of reasonably foreseeable weather and road traffic conditions and allowing sufficient time for rest breaks to avoid fatigue. c) Line Managers must also ensure that all legal requirements are covered relating to specific vehicle operations. d) During adverse weather conditions, the manager must decide if a journey is absolutely essential or if it can be rescheduled. e) Rest is no substitute for sleep. Managers should alert employees to the dangers of fatigue and the need to report if they feel dangerously fatigued. f) Travel information is available from a variety of sources including the internet, mobile phone providers, traffic master and local radio. 2.6 Mobile phones

7 a) The use of mobile phones is seen as an essential means of communication when employees are away from the office. However, the Policy on the use of mobile phones, contained in Section B9 of the County Council s Safety Manual must be adhered to. A leaflet available on the intranet outlines the NCC policy on mobile phones. 2.7 Transporting people, animals, goods or equipment a) Where people, animals, goods or equipment are transported, managers must ensure the vehicle is suitable for the purpose. Employees must be made aware of the legal requirements when transporting loads and the requirements contained in the NCC Driver s Handbook. b) Managers must consider the hazardous properties of any goods proposed for carriage and determine whether or not they are Dangerous Goods. Dangerous goods require special precautions to be taken. Further information is available from the Health and Safety Team. c) Employees may be required to transport other employees or service users. In such cases Any necessary authorisation must be obtained from the line manager prior to the journey. There must be a proper seat with seat belt for each passenger If a service user is likely to cause a distraction to the driver whilst driving then the manager must determine via the risk assessment if an escort should also be in the vehicle. In cases where children are transported in vehicles, please refer to Appendix 8. d) In instances where highways staff use their own vehicles for operational site visits, inspections and in response to highways emergencies, the requirements under Chapter 8, Traffic Signs Manual apply. 2.8 Emergencies and reporting incidents a) Line Managers are responsible for ensuring there are clearly defined written procedures to be followed in the event of an accident, breakdown or other emergency. Employees must be briefed on the arrangements which are in place. Factors which need to be considered include:- Training in initial accident response (including, where appropriate, first aid). Rapid means of communication with managers in the event of an accident, breakdown or sudden illness. Onward communication with family, relatives etc. Accident/incident data collection procedures. Provision of vehicle/passenger recovery.

8 b) Employees must report all at work vehicle accidents/incidents to their manager in the first instance and all reporting must follow the requirements identified within the County Council s accident/incident reporting procedure, full details of which are contained in Section A5 of the Safety Manual. A vehicle accident is defined as, an accident which causes: injury to anyone injury to an animal not carried in the vehicle damage to other property on or adjacent to the road damage to another vehicle damage to own vehicle damage to the environment including diesel spills. c) At the same time as reporting all at work vehicle accidents to their line manager, employees driving NCC vehicles must:- Complete a Risk and Insurance Section claim form which must be forwarded to their Line Manager. Managers must ensure that this is sent to the Risk and Insurance Section within 4 days of the accident. Any correspondence from solicitors and others must be sent by the Line Manager to the Risk and Insurance Section without acknowledgement within 3 working days of its receipt. This is to ensure all appropriate protocols are being adhered to. Failure to provide the information requested in a timely fashion or failure to assist the Risk and Insurance Section in dealing with claims is likely to result in the Department having to pay for any losses from its own budget. d) If the vehicle is privately owned by an individual and is involved in an accident whilst on NCC business, it will not normally be necessary to report the accident to NCC S Risk and Insurance Section, but if you do require advice on this please ring tel: Monitoring a) It is the Line Managers responsibility to conduct active monitoring which will include: Periodic examination of the Driver s Record Form and where vehicles are owned, hired or loaned to NCC that the Vehicle Checklists are being completed. Ensuring specific training identified at induction and in the EPDR s is being undertaken. Medicals are undertaken where required. b) The Line Manager is also required to undertake reactive monitoring if the control measure put in place fail. This will include:-

9 Investigating accidents or incidents which cause injury or other losses such as vehicle and property damage. Investigating incidents which had the potential to cause injury or other losses. Using data from the Risk and Insurance Manager in respect of claims 2.10 Audit and review The policy and procedures in place for managing occupational road risk is included as part of the audit of the Health and Safety Management System undertaken by the Health and Safety Team. 3. Legal and other requirements 3.1 Health and Safety at Work etc. Act 1974 Where vehicles are being used or driven on the highway by persons working for an employer under a contract of employment, the employer s duties of care under Section 3 of the Health and Safety at Work etc. Act will also be relevant as will be their common law duty of care. Essentially, what these parts of the Act require is that employers should have policies, procedures and safe systems of work in place that reduce work related risks to employees and others so far as is reasonably practicable. 3.2 The Management of Health and Safety at Work Regulations 1999 The Management of Health and Safety at Work Regulations require employers to carry out an assessment of the risks to the health and safety of their employees, whilst they are at work, and to other people who may be affected by their work activities. This includes any driving activity. 3.3 Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 1995 (RIDDOR) Under RIDDOR, there is a legal requirement to report all notifiable injuries and dangerous occurrences which take place at work. Further information on RIDDOR can be found in Section A5 of the Safety Manual. 3.4 Road Traffic Act The Road Traffic Act is the primary legislation in the UK applying to all vehicles and their drivers. The Act covers the principal road safety provisions, construction and use of vehicles and equipment, licensing of drivers of vehicles, licensing of drivers for heavy goods vehicles, driving instruction and third party liabilities.

10 3.5 Road Vehicles (Construction and Use) Regulations 1986 Specifies the requirements relating to the construction, design and use of vehicles. 3.6 Road Vehicles Lighting Regulations 1989 Specifies the legal requirements for vehicle lighting. 3.7 The Provision and Use of Work Equipment 1998 In general terms, these Regulations require the employer to ensure that equipment, including vehicles provided for use at work are: Suitable for the intended use Safe for use, maintained in a safe condition and, in certain circumstances, inspected to ensure this remains the case Used only by people who have received adequate information, instruction and training Accompanied by suitable safety measures e.g. protective devices, markings and warnings. 4. References Managing Occupational Road Risk, The RoSPA Guide Driving at Work: Managing Work Related Road Safety, Department for Transport and Health and Safety Executive Driving for Work: Own Vehicles, RoSPA EU Working Time Directive Carriage of Dangerous Goods Operation Licensing (Commercial Operation) Operator Licensing (Passenger Operations) 5. Document history Document Originators: Working Party Members: Karen Thornton, Principal Health and Safety Adviser Chris Savage, Communities Department Brian Fairchild, Corporate Services Peter Farrow, Communities Department Stuart Favill, Communities Department

11 Peter Hickling, Communities Department Chris Holland, Communities Department David Hounsell, Corporate Services Richard Lawson, Risk and Insurance Section Don Marlow, TU Joe Middleton, Communities Department Pam Shaw, Communities Department Karen Thornton, Corporate Services Document History: New issue: 01/11/2010 Safety Manual: Policy and Guidance Location of Current Version: Health & Safety Intranet Copies of this guidance can be made available in various formats e.g. Tape, Large print and Braille.

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