Following the audit trail
by David Faithful
The tragic incident at Nocton, Lincolnshire, occurring as it did on the first anniversary of the Selby disaster, serves a timely reminder that much work still needs to be done in highlighting and addressing the risks to occupational drivers.
The issue of occupational road risk has been on the agenda since the formation of the Work-Related Road Safety Task Group to investigate and report on all aspects of health and safety, arising from employment on or beside the road.
The group reported in November. One fundamental point addressed was whether the existing health and safety legislation devolving from the Health and Safety at Work Act 1974 applies to occupational road risk. Its conclusion was that it does indeed apply and, therefore, no new legislation needs to be created, but that the existing legislation should be enforced.
Investigation manual
One significant development since Selby is the way in which police forces investigate road traffic incidents - as unlawful killings.
The Association of Chief Police Officers (ACPO) has produced a road death investigation manual for police officers. Where an incident involves an occupational driver, the police will look for evidence of why the vehicle was at the scene, the mechanical condition of that vehicle and the driver's physical condition.
Those employers who are familiar with operators' licences will be aware of the audit trail required to show that the fleet is being operated within the terms of the licence.
If a police officer visited your insured after a fatal accident, armed with his ACPO manual, how would it have satisfied him that the fleet is operated along health and safety best practice lines, in the areas of driver hours and vehicle maintenance.
The Nocton incident reinforces the need, both for fleet operators and their insurers, to adopt a responsible approach to managing occupational road risk. Addressing the issues reduces both the risk of prosecutions and claims.
Although there are sound financial reasons to take action, the most compelling reason of all is the preservation of human life.
