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Mercia Fleet Management

duty of care the great risk hijack risk profiling employees fleet management merica fleet management

About Author

Andrew Leech Founder and Managing Director Mercia Fleet Management

Andrew Leech

I’ve been greening company fleets for over a decade. Ready to solve your fleet puzzle?

Duty of Care: The Great Risk Hijack

Some things are real. For instance, COVID-19, and Global Warming. Other things are less so… like the Loch Ness Monster, sugar making kids hyper, or my memory of my rugby playing ability… The latter are in fact fictions! In part because it serves the interests of some, but crucially, not all. As is with Duty of Care!

In 2007, the Government passed the Corporate Manslaughter Bill, which sanctions companies for breaching a duty of care. With it, all sorts of ancillary suppliers to the fleet industry went on a rampage of fiction and scaremongering; blinded by the pound notes in their pockets instead of yours.

The Fact Remains Now as it Did Then

You are more likely to win the lottery than be jailed under the Corporate Manslaughter Bill, due to a Driving at Work incident. Though, this does not mean you should be complacent.

The ‘teeth’ have always been in the Health and Safety at work legislation. Breach it, you could be in very hot water. Abide by it and you can actually save quite a lot of money! But with so much conflicting information, what do you need to do?

Driving at work is one of the most dangerous things an employee can do. Under the legislation, whether they are using your car, their car, a horse, or a skateboard, you have an obligation to ensure both employee and vehicle are ‘fit for the purpose’.

What Does That Mean

Well, it does not mean you need to buy electronic licence checking, training, or telematics. Although, some of those may be good ideas…

The HSE dictate to meet your obligations. You must have a robust policy, a process to review and amend it, and an audit of its communication. You have to take reasonable steps, like checking someone has a licence. Insisting on them having more training than the law requires? No need. It could be useful for some, but not a legal requirement.

Reach Out!

Let’s make fleet management a little less puzzling. Whether you’re just getting started or looking to take your operations to the next level, we’d love to hear what’s on your mind and help you piece together the perfect fleet strategy.

FAQs

Here’s some of the most frequently asked fleet management questions.

What is the Duty of Care for fleet operators?

Fleet operators have a legal and moral obligation to ensure their drivers' safety and well-being. This includes maintaining roadworthy vehicles, providing driver training, conducting regular risk assessments, and promoting safe driving practices to reduce the likelihood of accidents and liability issues.

Why is Duty of Care important for businesses with fleets?

Meeting Duty of Care obligations not only protects your drivers but also reduces the risk of costly legal claims, improves fleet efficiency, and enhances your company's reputation. Failing to comply can lead to significant financial penalties, legal action, and damage to your brand's trust.

How can businesses effectively manage their Duty of Care responsibilities?

Effective Duty of Care management involves a combination of regular vehicle checks, driver training, risk assessments, real-time fleet monitoring, and a clear incident response plan. Partnering with a fleet management expert can help streamline this process and ensure ongoing compliance.