Driving produces many risks making it one of the most dangerous day to day activites an employee faces. Putting a Company driving policy in place and prioritisng the safety of your employees and the general public is not a choice but a necessity.
To prevent the risk of driving accidents, government agencies and law enforcement montor:
- Speed limits
- Rest periods
- Conditions and maintenence of the vehicle
- and more
Although when applying for a driving license, you have to be medically fit, as an employer you ultimately just have to trust that your drivers will disclose the relevant information.
A recent fatal inquiry into the Glasgow truck crash which left 6 people dead, heard that the driver was unconscious when his lorry veered out of control. The drivers health was central to this inquiry as the driver had been suffering with fainting episodes since 1976. His employer was unaware of this because the driver had never disclosed it.
How to minimise risks:
- Within your company handbook you should have a Company driving policy to ensure that employees understand their rights and responsibilities surrounding this
- Use the Access to Medical Reports Act 1988 to access reports from the GP on a prospective/current employee
Under the Equality Act 2010 it is unlawful to ask applicants about their disability or a health issue before offering them a job. Once the employee has been employed or is already employed you can request a health assessment. Not only that but you can request regular health assessments to ensure they remain fit to drive.
It is crucial to have a balanced approach between occupational health, HR and management towards these responsibilities. To obtain a medical report, you must comply with the Data Protection Act 1998, while the Equality Act 2010 prevents discrimination against potential and/or current employees based on a ‘professional characteristic’ including disability.
Where a medical issue raises a question over an individual’s ability to drive, you may be under a duty to make reasonable adjustments if the employee is disabled, including considering whether he or she can be accommodated in a non-driving role if adjustments are not possible to their existing one.
Incorporating medical checks into the recruitment process and enforcing regular health assessments will give companies greater control and certainty that employees are fit to drive. Such action should be approached in a positive manner – not only to support employees but also to ensure, as far as possible, the safety of the public
