Driving for work

Your legal responsibility

This section refers to your responsibility as an employer to protect the health and safety of your employees who drive a vehicle or ride a motorcycle, any other powered two-wheeler, or a bicycle outside of your place of work as part of their work duties.

Health and safety legislation applies to work activities carried out on the road just as it does to those activities undertaken at a fixed workplace and the risks should be effectively managed within a health and safety management system.

Travelling to and from work is generally not considered driving for work purposes, except when an employee begins their journey from home to a work site that is not their usual place of employment. Health and safety legislation does not apply to ordinary commuting to and from work.

Which laws apply?

• The Health and Safety at Work etc Act 1974
• The Health and Safety at Work (Northern Ireland) Order 1978
• The Management of Health and Safety at Work Regulations 1999
• The Management of Health and Safety at Work Regulations (Northern Ireland) 2000

Under these laws, you must take all reasonably practicable measures to protect the health, safety, and welfare of your employees and anyone affected by their work activities. This includes driving for work purposes.

• The Corporate Manslaughter and Corporate Homicide Act 2007

Under this law you or your organisation could be prosecuted for corporate manslaughter where serious health and safety management failures result in death.

• The Road Traffic Act 1988
• The Highway Code

It's important to ensure that all work vehicles comply with road traffic law requirements, including having a valid MOT certificate, minimum third party insurance, up to date road tax, and that all drivers have a valid driver's licence and satisfy eyesight requirements.

Enforcement

The police enforce road traffic laws and are responsible for leading investigations into road traffic incidents that occur on public roads.

However, as employers have general responsibilities under health and safety law for driving and riding activities carried out for work, HSE will normally investigate if the police find that serious management failings played a significant role in any road traffic incident.

Risk assessment

The risk assessment you carry out should follow the 5-step approach to risk assessments as recommended by the Health and Safety Executive.

The main areas to consider in your risk assessment are the journey, the driver or rider, and the vehicle.

Hazards that could cause harm to the driver or rider, passengers, other road users, or pedestrians while driving for work include roadworks, traffic and congestion, vehicle condition, fatigue and distraction, time pressures, weather conditions, and the behaviour of other road users.