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RECRUITMENT PAGE 4
SUMMARY PAGE 17
COMMENT PAGE 18
NOTES PAGE 20
INTRODUCTION
This document has been designed as an aide to motor fleet operators to assist
where appropriate with the control of the fleet claims experience, to reduce the
frequency and cost of motor claims and to encourage teamwork throughout the
business.
A loss control programme should begin with a “Statement of Policy” from senior
management, signed by a company director that is clear to all employees. There
should also be an effective review mechanism to ensure that the company statement
is always appropriate through periods of change.
Example:
1
INTRODUCTION (Continued)
The Health & Safety at Work Act 1974 is the basis of health & safety law in this
country. The Act sets out employer’s duties to its employees and members of the
general public and the duties that employees have to themselves and each other.
Remember that the law states that a motor vehicle is a place of work.
Within The Act the duties are qualified by the principle of “so far as is reasonably
practicable” and requires good management and a common sense approach to
identify risks within the business and take sensible and practical measures to deal
with them competently.
This includes a requirement to carry out an assessment of the risks to the health and
safety of their employees, or themselves, whilst they are at work, and to other people
who may be affected by their work activities. This includes any driving activity on the
road. The regulations require risk assessment to be reviewed periodically to ensure
that it remains valid and employers with five or more employees must also record the
significant findings of their risk assessments.
Although drivers are ultimately responsible for how a vehicle is driven on the road
the employer can and should have a significant influence on what the driver does.
For example, the imposition of unrealistic delivery schedules, inadequate training
and failure to properly maintain vehicles all increase the risk of road accidents and
potential liability against the driving employee and the employer.
Employers and their managers therefore have a duty of care under the Health &
Safety at Work Act 1974 (HASWA) and the Management of Health and Safety at
Work Regulations 1999 (MHSWR).
HSE
You should ensure that employees are provided with a safe working environment to
avoid potential liabilities and maximise performance within the business. Reference
should be made the Health & Safety Executive (HSE) who publishes free leaflets
and publications. Information is available at www.hse.gov.uk
2
INTRODUCTION (Continued)
The Road Safety Bill was given Royal Assent on 8th November 2006. The Act
contains a number of measures aimed at helping to improve safety on the roads of
Great Britain and to help achieve targets for the reduction of casualty frequency and
in particular revisions to the law relative to the use of mobile phones which is
covered under the “Drivers” section of this document.
The Corporate Manslaughter and Corporate Homicide Act 2007 received Royal
Assent on 26th July 2007. The Act introduced a new offence, across the UK, for
prosecuting companies and other organisations where there has been a gross
failing, throughout the organisation, in the management of health and safety with
fatal consequences. The new offence is effective on 6 April 2008.
In the lead up to the Act coming into force, the Ministry of Justice has recently
published guidance providing further information about the Act and its
implementation, set out below:
For more information on the Act, please see the Ministry of Justice website at:
www.justice.gov.uk/guidance/manslaughteractguidance.htm
3
RECRUITMENT
This is a crucial part of the company policy. Most employees will consider
themselves to be good drivers when in reality most are not as good as they think
they are! Roles and responsibility should be clearly defined. Company policy,
particularly on drugs & alcohol and the use of mobile phones should be made
abundantly clear. Here are some examples of the requirements that might be
considered in the recruitment process:
4
DRIVERS
The Health & Safety at Work Act states that drivers’ must co-operate with the
employer to ensure health & safety compliance.
Continual objective assessment is a sound proactive approach to include:
• Timekeeping
• Attitude / behaviour
• Hazard perception / accident awareness
• Knowledge of driving hours & tachograph regulations / RTA / highway code
• Accident record (including a record of near misses)
• Tachograph review (for appropriate vehicles)
• Dress and appearance
Defensive driving techniques are an important aspect of the loss control programme
to not only avoid hazardous situations and potential accidents but to minimise fuel
consumption and general wear & tear on the company vehicle.
Drivers should carry their original driving licence with them at all times. All licence
endorsements and any pending prosecutions SHOULD be reported to the company
representative as they arise. Any physical or mental infirmity should also be reported
immediately. Failure to do so could invalidate the Insurance policy.
The above processes will highlight underperformance and focus the driver’s mind on
the issues and the solutions necessary to improve standards to an acceptable level.
Driver cab pack / handbook
All drivers should be provided with (and sign for receipt of) an information pack or
driver handbook. To assist them in the event of an accident a “Scene of Accident
Notification Form” should be completed that will provide the driver with details of the
procedure to adopt and the information to be recorded at the scene of an accident.
For accidents involving innocent third parties it is important for the company’s
motor insurers to control the cost of third party claims and ensure that third
parties fully mitigate their losses. Many operators also consider it prudent to
provide their drivers with disposable cameras so that damage caused and positions
of vehicles can be photographed at the accident scene. Photographic evidence can
be crucial to the claims handling process and provides the insurance company with a
window to the incident. QBE can provide details of companies providing disposable
cameras at competitive prices. QBE can also provide the fleet operator with a supply
of scene of accident notification forms.
With the advent of modern technology it is now considered prudent by some
companies to instruct their driving force to use mobile phones to photograph
the driver of other vehicles involved in road traffic accidents together with the
damage sustained, position of vehicles at the point of impact and skid marks
where appropriate to do so. A simple digital image can often prove to be
conclusive evidence for insurers negotiating claims on behalf of their
policyholders.
It should be stressed to drivers that the impression they make upon customers and
members of the public is of great importance to the company that they are
representing and that both complimentary and detrimental comments made about
them will be recorded in their personnel records.
5
DRIVERS (Continued)
Mobile Phones
Regulations came into force on 1st December 2003 making it an offence to use a
handheld mobile phone whilst driving. The sight of a motorist driving erratically whilst
using a phone is a well recognised menace and studies have supported that
perception demonstrating that the risk of accident whilst using a phone is 4 times
higher. With one in three drivers admitting to using a phone whilst driving, the
introduction of the regulations was widely welcomed as a positive step towards
improving road safety.
The penalty is a £30 fixed penalty or up to £1,000 on conviction in court (£2,500 for
drivers of goods vehicles, buses or coaches). Drivers still risk prosecution (for failure
to have proper control) if they use hands-free phones when driving.
All employers and their drivers should be aware of forthcoming changes to the law
contained in the Road Safety Act 2006. As from 27th February 2007 the Act will
impose tougher penalties on the use of mobile telephones whilst in control of a
vehicle. The main provisions to be aware of are:
Hand Held Phones
Under the Act the use of a hand held phone whilst driving becomes an endorseable
offence with the £30 penalty introduced in 2003 replaced by three points added to a
driving licence coupled with a fine of £60. If the matter is contested at trial, the judge
still has the power to disqualify the motorist and impose a maximum fine of £1,000,
or £2,500 in the case of drivers of goods vehicles, buses or coaches.
Hand Free Phones
The new offences include not having ‘proper control’ of a vehicle, which means a
driver can be prosecuted if he or she is distracted while using a hands free mobile
phone kit. The same penalties will apply and this becomes an endorseable offence
attracting three penalty points. It should be remembered that the police now routinely
obtain phone records of drivers involved in serious or fatal accidents.
These enhanced regulations will have a considerable impact on the 3 million
company car drivers in this country who may feel under particular pressure to use a
phone whilst driving.
Employer’s Liability
It is an offence to cause or permit either the use of a hand held phone, or driving
without control. Employers should ensure that their employees are aware of the risks
of using mobile phones while driving and the potential criminal liability. They should
ensure that they have a policy for the use of mobile phones in motor vehicles and
reconsider any policies permitting the use of hands free phones by their employees.
The safest telephone usage policy would be to prohibit the use a phone while
driving, avoiding the risk of a health and safety prosecution. Breach of
company policy should be a disciplinary offence and employers should ensure
not only that company policy is being applied, but also that their employees
are aware of the consequences of failure to do so.
6
VEHICLES
Spot checks can be an essential part of these and other procedures adopted by the
company to keep drivers alert to the company policies. They need to be aware that
spot checks will take place at regular AND irregular intervals and reports should be
made available to both the fleet engineer and the driver.
Equally as important as the safety of the vehicle is the safety of the load that is being
carried that is the direct responsibility of the driver and his employer. If a vehicle
carries an unsafe load and/or is overloaded an offence will have been committed. It
is essential for the driver and the employer to be entirely satisfied that the load being
carried is entirely safe and within the law before the vehicle is taken onto the public
highway even when the vehicle or trailer has not been loaded by the driver or
another employee of the company. Checks should be made to ensure that the load
is spread evenly and is fully secured to prevent movement and the possibility of the
vehicle becoming unstable, particularly under heavy braking. Vehicles must never be
loaded beyond their capacity.
Speed limiters can often assist with loss control as so many accidents happen at
speeds either above the permitted limits or at unsuitable speeds for the conditions
prevailing at the time.
It may be considered prudent to request drivers to seek permission from their line
manager before a vehicle is used for any unscheduled journeys and to restrict
driving to employees only or to the employees and close relatives and NOT friends.
8
VEHICLE RECOVERY
9
ACCIDENT REPORTING / ASSESSMENT
A well defined “Claims Procedure Document” should be agreed with the motor
insurer for larger fleet risks and QBE actively promotes this activity and will
discuss and agree a definitive claims procedure document.
The QBE Motor Accident Report Form and Motor Theft Report Form are tailored to
capture all critical and relative information and as an alternative QBE can provide a
combined “Accident / Driver De-Brief Report Form” as a “Word” template that allows
the company transport manager to record details of discussions with drivers at
formal de-brief meetings and deal quickly with any training and/or disciplinary issues.
De-Brief meetings should follow ALL incidents of damage or injury at the earliest
opportunity (certainly within 72 hours of the incident) and be kept deliberately brief
beginning with an explanation of the events from the driver and what he feels that he
could have done to have avoided the incident altogether. General carelessness is a
main cause of accidents and defensive driving techniques may be of direct benefit to
both driver and company. Levels of concentration at the time of the incident is often
an influencing factor.
10
PRO-ACTIVITY
QBE
¾ The QBE Scene of Accident Information Form aides this process. It is
essential that innocent parties who have sustained loss or damage through
an accident caused by a company driver are contacted as quickly as possible
so that QBE can endeavour to control the cost of the claim, that is to offer a
vehicle repair service, replacement vehicle where necessary and to help the
innocent party to fully mitigate the loss. By providing a freephone number on
the scene of accident form QBE can respond quickly and effectively to calls
received. QBE will remind third parties that it is their duty to fully mitigate their
losses and that if they fail to take advantage of the services offered the cost
of their claims may be reduced.
¾ Similarly a pro active approach to recognised third party injuries caused by
the company driver will assist with early opinion, prognosis and
recommendation for the appropriate treatment to accelerate the recovery
process. We are committed to the “rehabilitation” processes where they are
identified as being appropriate.
For QBE to be successful with this philosophy it is essential for all
accidents to be reported at the earliest opportunity and wherever
possible within 24 / 48 hours of the event.
FLEET OPERATOR / POLICYHOLDER
¾ Driver de–brief. Companies should consider early implementation of driver
training and/or disciplinary measures following “fault” accidents or any breach
of the terms of employment.
¾ Risk analysis / strategy. Constantly monitor performance and measure
against achievable targets. Refer to page 14 for commentary and
recommendations.
¾ Driver training. Defensive driving techniques. There are a variety of
companies providing a range of training services if you do not employ your
own driver trainers. They will generally train on the following as primary
defensive driving issues:
• Reducing vehicle speed
• Maintaining a safe distance from the traffic ahead
• Awareness and Concentration techniques
• Progressive braking when slowing
• Hazard perception techniques
¾ Driver development & review.
For instance:
• Bi-annual assessment on driving / loading / unloading
• Annual assessment of defensive driving techniques
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PRO-ACTIVITY (Continued)
Some transport operators employ the “How’s My Driving” Scheme which was
the first scheme of its type launched in 1995 and other feedback service
schemes have arisen since such as the “Well Driven” and “Drivercare”
schemes.
If they perform below the expected and agreed standards then identify
the reasons for the failings and act upon them. Follow the prescribed
disciplinary measures and ensure the every employee has the
opportunity to improve through learning, development & training.
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DISCIPLINARY ACTION
It is essential for all drivers to be held directly accountable for the loss, expense and
inconvenience to the company caused as a direct result of their failings in one or
more areas of their duties and remedial driver training is essential part of the
development process.
It may be considered prudent to provide all drivers with a list of conviction codes that
could form part of the driver cab pack / handbook.
“A penalty point system similar to that used with your driving licence will now
be enforced with immediate effect. The mechanics of the process are as
follows:-
It will be possible for the manager in question to assign more than 3 points to
a driver for a single blameworthy accident, ie. more serious accidents where
the driver is deemed to be negligent with significant injuries and costs
involved. In such circumstances and depending on the gravity of the accident
the manager could decide to impost 6, 9 or 12 points for a single incident. Any
driver currently on a warning for poor driving performance should be
immediately notified of his or her points accrual.
Points will drop off a driver’s record at the end of each 2 year period from
when the points were first assigned.
13
DISCIPLINARY ACTION (Continued)
Drivers who feel unfairly treated by their manager will have the right to appeal
and this will be to an arbitration panel which will consist of:-
• Line manager
• Transport or training or disciplinary manager
• Company director
This panel should in all cases adjudge the merits of the appeal and give their
decision which will be final. The period in which an appeal may be made will
usually be up to 6 months from date of accident although subsequent
evidence which comes to light after this period may also be considered in any
appeal situation.”
Taking into account all business, union or legal implications relative to your particular
industry could a policy like this work for your business?
Companies should also consider charging back to the individual driver, depot or
division the incurred costs such as policy excess or rental/hire charges caused by
the loss of use of the vehicle in a fault accident.
14
DRIVER TRAINING
The purpose of driver training is to improve the performance of all of the driver’s
duties and to enhance their own and the company image. Successful training relies
upon the trainer and the driver being committed to the processes.
Consider a “Driver Training Improvement Scheme” to target all employees over a
period of time. Those drivers who have had blameworthy accidents during the last 12
months should be given priority. This training should involve the driver giving up
some of his/her own time to complete the training process if necessary.
Distance learning can have a direct benefit that can involve computer based learning
through CD Rom software for instance, or DVD’s, videos, audio tapes or books.
Interactive online software is also now available from a range of businesses. See
recommended website addresses on Page 19 of this document.
Regular driving assessment is beneficial to both driver and employer to achieve a
reduction in accident frequency, severity of accidents. associated cost and to reduce
the human suffering and inconvenience caused by road traffic accidents.
Consideration should be given to a mix of pre-arranged assessments and
unannounced assessments, at least one each per year, dependant upon each
driver’s performance with the training assessor remaining with the driver for all or
part of the shift.
The driving assessor needs to ensure that drivers are actively observing hazards
and registering them consciously rather than looking and seeing a hazard but not
properly registering its presence and potential danger. This should form part of the
defensive driving/driver awareness training AND continual training development
should then include refresher training, remedial training and appraisal (at least one a
year forming part of the driver’s personnel file).
Consideration should be given to the employment of full or part time driver trainers if
they are not already employed (directly or indirectly) and affiliations with the likes of
R.O.S.P.A and the implementation of driver proficiency tests / defensive driving
techniques and accident awareness campaigns. R.O.S.P.A. also arranges courses
on accident investigation. You should provide all drivers with a handbook as a point
of reference and drivers should be instructed to record all of their training in a
personal development pack.
Fact: Human error is the cause of more than 90% of road traffic accidents in the UK
Fact: A Driver who has a “fault” accident is 5 times more likely to have another
accident in the next three years (information from Roadcraft - The police driving
manual.
Fact: Rear end shunts account for more than 30% of all UK road traffic accidents.
Look to reduce the frequency of major accident types such as rear end collisions,
Impact with immobile property, junction collisions and passenger falls / injury
(passenger carrying vehicles). Also look to implement driver opinion surveys
and suggestion schemes to involve them in the process of loss control. This is
another way of encouraging drivers in the whole process of loss control. Make them
feel an important part of the process. REMEMBER THAT IT IS A TEAM EFFORT
15
RISK STRATEGY OPTIONS
• Incorporate realistic targets and timescales to reduce the cost per claim, cost
per vehicle and frequency of loss. A realistic target may be to reduce the
claims cost by £150 per vehicle across a three year to five year period.
• Identify weaknesses & trends in the claims experience. QBE will assist with
this through claims review processes.
• Always look to identify the changes in the fleet claims experience, both
frequency and cost to measure the improvement (or deterioration) in the
performance compared to previous reviews or analysis and to identify areas
requiring improvement. QBE can assist with this process through specific risk
analysis reports.
Consider driver incentives, league tables and the like to encourage good
performance.
16
SUMMARY
• Regular and detailed review of the claims experience at driver, depot and
divisional levels. Set performance targets that are achievable to reduce
the road risk and company costs. Continually monitor the performance of
the risk and the targets that you are looking to achieve. This is an
ongoing process where you are searching for the “best practice” for your
company.
• And above all ensure compliance with regulation and legislation relative
to your business. In particular the Road Traffic Act (RTA), Health & Safety
at Work Act 1974 (HASWA), Management of Health and Safety at Work
Regulations 1999 (MHSWR) and The Provision and Use of Work
Equipment Regulations 1998 (PUWER) directly relative to the operations
of a motor vehicle fleet where you have duties as the employer.
17
COMMENT
We hope that this guide on risk management is of some benefit to your business and
that you are able to recognise, control and reduce the losses caused by avoidable
incidents.
If you want to discuss any of the initiatives in this document please do not hesitate to
contact Paul Dunkley on 01245 272864 or Email: paul.dunkley@uk.qbe.com
REMEMBER:
MONITOR MANAGE
PROGRESS THE RISK
18
USEFUL WEBSITES
There are many very useful websites providing more detailed information and
recommendations on the management of occupational road risk some of which also
provide fact sheets and literature such as examples of driver handbooks. Here are
some of these sites that may be of direct benefit to your organisation.
ASSOCIATIONS
DRIVER TRAINING
GOVERNMENT DEPARTMENTS
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NOTES
20