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COMPLIANCE WITH CURRENT LEGISLATION


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If you employ any persons in your organisation then you must comply with current legislation, failure to do so can leave you open to fines, prohibition notices, improvement notices, court cases and serious personal changes could be brought against you.


Take a look at these two examples of recent prosecutions!!



Example one , and Example two


  1. Health And Safety at Work Act 1974

    Employers have a "duty of care" for the safety of employees at work, regardless of the type or size of the business.
    There is also a duty of care to others who may be affected by their business activities, which, in the case of driving, means all other road users. You must also provide training to all your workforce, for all work activities.

  2. Management of the Health and Safety at Work Regulations 1999

    Employers are required to carry out risk assessments on all activities within the the workplace, making arrangments to implement neccessary measures, appoint competent people and arrange for appropriate information and training.

  3. The Workplace (Health, Safety And Welfare) Regulations 1992

    These regulations cover a wide range of basic health, safety and welfare issues including traffic routes for vehicles within the workplace.

  4. Road Traffic Acts Supported by the Hi-way Code

    The Highway Code applies to all road users and includes information on signs and markings, road users, the law and driving penalties.

    It is an offence for an organisation to set driver schedules which may cause them to break speed limits, misuse tachograph equipment or data, or have payment schemes which incentivise them to do so.

  5. EC Drivers Hours Rules, UK Drivers Hours Rules
    Tacograph Regulations. The Road Transport (Working Times) regulations 2005

    It is the driver's and employer's responsibility to ensure compliance with driver's hours and Tacograph Regulations. They are applicable to goods vehicles in excess of 3.5 tonnes.
    Tacographs must be used to record hours of driving, other work, breaks and rest periods. The newer digital tachograph record cards make this task simpler as they are more refined in capturing data.

  6. The Road Vehicles (Construction and Use) Regulations 1996

    Provides information regarding the safety of loads on vehicles, and the provision, conformity and type of lamps etc fitted to vehicles.

  7. Corporate Manslaughter and Corporate Homicide Act 2007

    The act introduces an important new option for certain very serious senior management failures which result in fatality. Prosecutions will be of the corporate body, not individuals, but the ability to prosecute directors or other individuals under health and safety law, or the general criminal law, in appropriate cases, will be unaffected. The coporate body itself and individuals can also still be prosecuted for separate health and safety offences.

  8. Health and Safety law in finer detail.

    Section 7 (1) makes it clear that every employer should "appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements", while 7 (5) says such a person should have "sufficient training and experience or knowledge and other qualities to enable him to properly assist in undertaking the measures referred in paragraph (1)."

    The law says individual risk assessments for each company driver must be carried out.

    Companies operating fleets of vehicles can no longer afford to adopt an "out of sight, out of mind" attitude towards their drivers, once they leave the car park.

    The government recently-published (March 2000) Road Safety Strategy hinted at the need for employers to do more but failed to spell out clearly enough the action company directors and managers must take to stay within the law.

    Basically there are three steps you should take to stay out of trouble and ensure your drivers are as safe as they can be.

    1). Carry out risk assessments on all staff and their duties, covering ALL their activities during their time at work – including any time behind the wheel.
    2). Take remedial action where necessary – if staff appear at risk from any activity (including driving).

    3). Provide suitable inital and refresher training and information on all aspects of their work.

    Obviously in the case of drivers, this should include practical on-road training as well as classroom based.

    For your own peace of mind, feel free to call us and discuss your requirements and responsibilities.


    You can contact us at any time, for free advice on any transport training matter, or just call T 0151 708 6089. M 07719 942250.


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