Employees using own cars at work are ‘health and safety timebomb’

The rise in employees using their own cars on business has created a fleet of unchecked and unmanaged drivers who are a potential health and safety timebomb for employers likely to be a prime target for new Corporate Manslaughter legislation.

A new report from Arval, one of the UK’s leading business car specialists, on the ‘grey fleet’ has highlighted that as many as one in four vehicles used on business could be at risk. Amounting to over one million cars, these vehicles are potentially poorly maintained and incorrectly insured raising fears for driver safety.

Named because of the lack of information known about such vehicles, the grey fleet describes drivers’ own vehicles used for business travel.

Employers are failing to check even basic details about private vehicles. The report highlights that 83% of businesses have no procedures in place to check that non-company cars are regularly maintained, while 74% of businesses do not ask their employees for a valid MOT certificate for their vehicles. The report also reveals that 35% of businesses do not check the driving licences of non-company car drivers and 53% have no policy for knowing that the vehicle is insured for business use.

These vehicles typically sit outside the normal company car policing and reporting channels. The grey fleet has grown as a result of employees opting-out of company car schemes for cash alternatives and employers wanting to provide more flexible benefits.

The report shows that both large businesses and SMEs are susceptible to these risks as a result of poor management of their grey fleet. Small businesses, which often lack the resources to dedicate full time staff to vehicle management, are shown to be most at risk from the grey fleet.

Jenny Powley, Arval director of corporate groups, comments: “It is clear that grey fleet vehicles are not subject to the same rigorous reporting and inspection procedures given to company cars, which is deeply worrying as employers have a duty of care to ensure that employees are safe while driving at work. Relying on employees themselves to keep their vehicle properly maintained and with the correct documentation leaves a company severely exposed to legal action through negligence and failing to meet duty of care obligations. We are concerned that there are potentially thousands of these vehicles being driven that are unsafe and not fit-for-purpose, putting employees and other drivers at risk.”

The findings of Arval’s research are given all the more meaning with the introduction this year of the Corporate Manslaughter Act, which becomes law from next April. The Act reinforces the obligation on a company to comply with existing health and safety legislation and makes it easier to prosecute companies following fatal accidents. The actions of senior management involved in any prosecution will be put under renewed focus as a result of the new law.

Superintendent Mark Bird, from the Metropolitan Police Traffic Unit commented: “Businesses must face up to their duty-of-care responsibilities and realise that they are responsible for the welfare of their employees when on the road for business purposes, whether they are driving a company car or not. Just as employers would make sure that employees are safe in the work place so they should while they are on the road. In the event of a collision or injury, the police take seriously all the reasons that have led to it happening including the condition of the vehicle and why the driver was on the road, including if they were travelling for business reasons. More and more we carry out follow up investigations with companies after collisions, to ensure that work related road safety is embedded within company policies.”

Arval’s report highlights other worrying statistics that could potentially compromise the health and safety of employees. Only 24% of businesses conduct any form of risk assessment or driving training. Over 73% of businesses place no age restriction on a non-company car to be used for business driving, and more than half (56%) have no policy for reporting accidents in non-company vehicles. Some 80% have no policy for the suitability requirement of a vehicle. A vehicle fit-for-purpose is important to avoid incidents of employee discomfort that could lead to back ache or other complaints. Drivers doing high mileage are particularly susceptible to such injuries.