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8/8/2019 How to Manage Fleet Risk
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how to manage...
fleet risk
septemb
er
2006
Sponsored by
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how to manage fleet risk
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Leader column
Sponsors comment
Why worry about fleet risk?
Legal issues
Health and safety policy
Assessing risk
Reducing risk
Driver checks
Driver training
The How to Manage guides are published by Employee Benefits, Britains leadingmagazine for benefits decision makers. Employee Benefits is published by CentaurMedia plc, the UKs premier independent business publisher. Employee Benefitsaccepts no responsibility for loss or damage to material submitted for publication.Copyright Centaur Media plc. All rights reserved. No part may be reproduced in anyform without written permission of the publisher. ISSN 1743-081X. Subscribe: 020
7292 3719 or online at http://sales.centaur.co.uk. For information about Centaursproducts, visit www.centaur.co.uk.
contents
employee benefits how to manage/fleet risk 2006 3
Sponsored by
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editorial
Amanda Wilkinson
Editor, Employee Benefits magazine
In these uncertain times, risk management is moving up
the corporate agenda to find a place at boardroom
level. Although fleet management is a long way
removed from international terrorism it too has risksassociated with it that cannot be ignored.
In fact, the responsibilities of senior management in
relation to employees using company or privately-owned cars for business
purposes is on the increase. At present, under existing health and safety
legislation, organisations have a basic duty of care to ensure the wellbeing
of staff as is reasonably practicable and that other people are not put at risk
by work-related driving activities.However, the Corporate Manslaughter Bill, due to become law in 2007, is
set to penalise organisations where health and safety processes have
broken down and led to gross negligence manslaughter. This, combined
with other incoming legislation and changes to the police Road Death
Investigation Manual, will undoubtedly serve to tighten up the
management of fleets.
Editor Amanda Wilkinson Senior reporter Vicki Taylor Art director Caitlin Smail
Production editor Roger Carter Production manager Simon Hadley Contributor
Curtis Hutchinson Display sales executive Catherine Bell Publisher Debi ODonovan
Telephone: 020 7970 4000 Fax: 020 7943 8094 Email: [email protected]
www.employeebenefits.co.uk
employee benefits how to manage/fleet risk 2006 5
how to manage fleet risk
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industry comment
RISK MANAGEMENT is now one of the biggest workplace issues facing human
resources. And recent developments, such as the closer working relationship
between the police and the Health & Safety Executive (HSE) with regard to road
traffic accidents, are making British boardrooms take even greater notice of fleet
management issues.
Amendments to the Road Death Investigation Manual (RDIM) announced in July
make sober reading for HR managers, who may now come under far greater levels
of scrutiny following road accidents. The most significant feature contained within
the annex to the RDIM is the instruction to involve the HSE following a road
incident where failures in safety management have been identified.
The closer relationship between the police and HSE can only increase the need
for organisations to review their risk policies. It will also place further pressure on
HR managers, fleet managers and company directors to ensure they have the
appropriate systems and processes in place.
While a few enlightened businesses see the measurable benefits of adopting a
risk management culture in their organisations, a large number still see it as a waste
of time and money.
Organisations need to understand that poor health and safety procedures are no
longer acceptable. Reducing risk is all about caring for workers and any financial
bonus should be considered as an additional benefit.
HR managers should investigate introducing a comprehensive risk management
programme. These programmes should be tailored to the organisations specificneeds, be robust, auditable and cover all the elements to protect the employer, its
employees and other road users.
Diarmuid Fahy, fleet risk manager, ING Car Lease
Why fleet risk has been bumpedup the boardroom agenda
employee benefits how to manage/fleet risk 2006 7
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8 employee benefits how to manage/fleet risk 2006
IGNORANCE is far from bliss when it
comes to managing a company car
scheme, regardless of whether
employees are provided with company
cars, cash allowances or use their own
vehicles for work-related business.
In fact, organisations are subject to
specific duty of care obligations in
relation to all employees who drive
during work time. Failure to ensure
that their policies and practices are
compliant can result in prosecution,
and ignorance of the law is an
inadequate defence for fleet managers
and the organisation itself.
FatalitiesThe level of potential risk for managers
who are not familiar with the relevantrules and regulations is high. According
to the Health & Safety Executive (HSE),
up to a third of all road traffic
accidents involve someone who is
working at the time, with these
accounting for more than 20 fatalities
and 250 serious injuries every week.
Employers need to think in terms of
establishing clear audit trails that coverthe safety at work of their employees
and formalise their corporate duty of
care responsibilities.
While this is reasonably
straightforward for company-run car
schemes, systems and procedures also
need to be put in place to cover
employee-owned vehicles used for
business. For example, there is a duty
to ensure that employees have
adequate insurance cover and are
driving vehicles that are regularly
serviced and maintained.
An essential starting point to
assessing duty of care responsibilities
and procedures in relation to staff
using cars on business is the guide,
Driving at work: Managing work-
related road safety, published by the
Department for Transport and the HSE
(available from
www.hse.gov.uk/roadsafety).The guide outlines an employers
legal responsibilities, the benefits of
managing a successful work-related
road safety programme and offers
practical guidance on how to manage
a scheme. It also helps employers to
evaluate and assess potential risks.
A stumbling block for many
organisations in relation to managingwork-related road safety is the lack of
awareness or, in some cases, the lack
of interest at boardroom level.
Drive the message homeBeing oblivious to at-work driving risk is no defence in the
eyes of the law and doesnt make good business sense either
Why worry about risk?
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employee benefits how to manage/fleet risk 2006 10
THERE are two main pieces of
legislation governing work-related road
safety that fleet managers and anyone
else involved with company cars should
be aware of. These are the Health and
Safety at Work Act 1974 and
Management of Health and Safety at
Work Regulations 1999.
However, employers should also
keep a close eye on the forthcoming
Road Safety Bill, likely to
become law by the end of
this year, and the
Corporate Manslaughter
Bill, expected to reach the
statute books in 2007,both of which are set to
affect employers.
The existing Health and
Safety at Work Act 1974 lays
down the basic duty of care rules.
These state that employers must
ensure the wellbeing of all staff as is
reasonably practicable.
In the past, these rules have beenwidely interpreted by many employers
to just cover the physical place of
work, whether it is an office, shop or
factory. However, employers should
remember that the rules also apply to
employees using company or privately-
owned cars for business purposes.
Risk assessmentsThe rules also stipulate that it is the
responsibility of employers to ensure
other people are not put at risk by
work-related driving activities.
In addition, the Management of
Health and Safety at Work Regulations
1999 emphasise that employers have
the responsibility to manage healthand safety effectively. Under these
rules, employers have to carry out an
assessment of the risks to the health
and safety of their employees while at
work and to other people who may be
affected by their work activities.
Employers can rest assured though
that the law doesnt apply to journeys
to and from work, unless staff aretravelling to an unfamiliar place.
Move to curb practicesthat contravene the law
Legal issues
Failure to comply with the laws relating to fleet management
could result in legal action against employers and hefty fines
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Failure to adhere to the
rules could result in heavy
fines or legal action. Mel
Dawson, a director ofALD Automotive, the
fleet management arm
of Socit Gnrale
Group, says: Under
existing legislation employers
have a responsibility and duty of
care for the safety of their staff while
driving on business.Failing to satisfy the
legal system that organisations take
work-related road safety seriously
could result in them being fined or
prosecuted for breaches of health and
safety legislation.
Stiffer penaltiesThe incoming Road Safety Bill is part of
the governments commitment to
reduce the number of people killed
and seriously injured on roads by 40%
by the end of the decade. Persistent
speeders and drivers using hand-held
mobile phones while driving are likely
to be targets facing tough penalties.
For example, drivers caught using
mobile phones while driving will see
fines increase from 30 to 60 and
have three penalty points on their
licence. Also included will be the newoffence of causing death by careless
driving, which will have a penalty of up
to five years imprisonment.
The Corporate Manslaughter Bill is
also set to have far reaching implications
for employers if members of staff are
killed or cause the death of another
person while driving on business. This
legislation is designed to penalise
organisations for management failures
that have led to the breakdown in the
health and safety process leading to
gross negligence manslaughter. It will
target rule-setting senior managers
within organisations, rather than middle
managers who follow them.
Recent changes to the police Road
Death Investigation Manual further
highlight the way fleet risk is moving up
the agenda. The changes, announced in
July, state that the Health & Safety
Executive should be involved in road
accidents where failures in safety
management are identified.
The Health & Safety Executiveholds information on the latest
legislation. Visit
www.hse.gov.ukfor more
information.
The Driving Standards Agency
website has information on the
Road Safety Bill. Visit
www.dsa.gov.ukfor more
information.
The British Safety Council is
able to offer a broad range of
advice on best practices in
health and safety.Visit
www.britishsafetycouncil.org
to find out more.
The Workplace Law website
contains a range of up-to-date
information on existing and
upcoming legislation. A guide
is also available to buy online
called Driving at work 2007:
Law and practice special report
(94). For more details visit
www.workplacelaw.net.
Further information
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BY LAW, all organisations employing
more than five people should have a
written health and safety policy, which
specifically includes work-related road
safety (Management of Health and
Safety at Work Regulations 1999).
And as the Road Safety Bill, that
includes tougher penalties for
speeding and using a hand-held
mobile while driving, and the
Corporate Manslaughter Bill both
head for the statute books, it is now
even more important for organisations
to make sure they have a clear and
up-to-date road safety policy in place.
However, Paul Holmes, head of risk
management solutions at the AA,
warns that the policy must also beused and read by staff if it is to offer
any protection to employers in the
event of a breach.
Too many firms believe that risk
management is a tick-box exercise in
compliance rather than a living and
breathing set of guidelines that drivers
can go to bosses with questions about.
Many firms claim to have water-
tight risk management policies but
when you read them they are full of
holes that employees who have been
involved in an incident could easily
argue no-one had ever mentioned to
them, Holmes adds.
Bombarding staffIt is important then to include
specifics in your policy that spell out
what might seem obvious to
employees. This would be a good
place to formalise, for example, your
organisations position on mobile
phone use while on the move and the
maximum acceptable daily mileage.Holmes argues that employers
should also hold regular meetings
with staff to discuss car policies and
driving behaviour rather than simply
bombarding them with complex
documents that they are unlikely to
have the time or inclination to read.
Pay more than lip serviceIt is vital to have a health and safety policy, but to stand up as
a legal defence it must also be read and understood by staff
Health & safety policy
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Having a policy is one thing, but
communicating it is completelydifferent and there is no substitute to
just talking to staff and also getting
written feedback that proves they
understand where their responsibilities
start and the companys end and vice-
versa, he advises.
Making sure all bases are covered
from a legal standpoint can obviously
help protect the organisation, but
having a useable policy covering
work-related driving can have
additional benefits, too.
Mel Dawson, a director of ALD
Automotive, the fleet management
arm of Socit Gnrale Group, says:
The benefits of a co-ordinated and
properly managed work-related road
safety programme are not only legal
but there is a moral aspect and a clearfinancial aspect that translate into
lower operating costs, reduced staff
absences due to injury or work-related
ill health and reduced insurance
premiums as accident claims tumble.
So the message to employers with
staff driving on business is to
implement a policy if they havent
already done so, while those with
existing policies should review their
current measures to check whether
they offer adequate protection to
both the employer and its employees.
Finally, organisations should
remember that they need to be fully
aware of their obligations and not
simply pay lip service to them.
employee benefits how to manage/fleet risk 2006 13
An organisations formal health and safety policy must be thorough, easily digestible, accessible tostaff and regularly updated to make it as relevant as possible.
Colin Tourick, director of the fleet consultancy Colin Tourick and Associates, explains: The first
step for most organisations is to produce a formal health and safety policy document that sets
out, at a high level, the employers commitment to safety at work and the rules they expect their
staff to follow and the managing director should then sign it.This top-level endorsement from the outset is important as it will give credibility and authority
to the document and highlight the managements thinking to employees.
The document is the ideal place to formalise your companys position on key issues, including
the use of mobile phones while driving and maximum daily driving times and mileages. Make sure
it also spells out key aspects of the Highway Code especially the adherence to speed limits.
Organisations in Scotland should also consider covering smoking, which is now banned in
public places, including working environments.
The Health & Safety Executives Workplace Transport Safety Document HS (G) 136can help
employers with formulating a policy. Visit www.hse.gov.ukto view a copy.
Formalising a health and safety policy
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employee benefits how to manage/fleet risk 2006 14
UNDER the Management of Health and
Safety at Work 1999 Regulations,
employers are required to carry out risk
assessments of the workplace and any
workplace activities, including driving.
In order to conduct these
assessments, the same should be done
as with any other workplace risk. That
means that the activity should be
looked at and any risks should be
recorded and reduced where possible.
Richard Schooling, the commercialdirector of fleet management company
Alphabet, says risk assessments require
board level direction and management.
Duty of care [responsibilities] require
employers to ensure that equipment
used by employees is both safe and
used safely. The government makes no
secret of its appetite for a high profile
prosecution for failing to comply with[its] at-work road safety requirements.
Depending on the size and structure
of the business, a senior director or
manager should take responsibility for
the assessment and involve those
responsible for human resources, fleet
management and the organisations
other legal compliances to make it
totally integrated with the
organisations culture. It is also
beneficial to involve employees who
drive at work, since they will be able to
identify any particular risks they have
encountered or any concerns theymight have.
The aim is to minimise the risk of
someone being injured or killed
through driving at work.
Claims historyA useful starting point for a risk
assessment is to carry out a review of
the fleets recent claims history as thiscould pinpoint particular accident
trends and highlight where problems
Driving downonerous risk
Assessing risk
The government has relished high profile
prosecutions of its at-work drivingregulations, so assess risk carefully
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can be addressed. Measures such as
reviewing diary pressures, introducingsatellite navigation devices for high
mileage drivers, and driver training
programmes could are options that
could help reduce risk exposure.
Provider involvementOrganisations running company car
schemes should also consider involving
their vehicle provider in the risk
assessment as most will offer risk
management services.
Fleet management, leasing orcontract hire companies should also
have procedures in place to make sure
routine servicing work is carried out,
tyres and windscreens are regularly
checked and driver licence and claims
records are kept up to date. Working
out what is being covered by these
third-party services will form an
invaluable part of an organisations
risk assessment.
Identify hazardsConsider hazards relating to
the driver, the vehicle and the
journey. Gather the views of
those who drive at work and
research accident claims
records to help identify trends.
Decide who might
be harmedIn an accident it will be the
driver who is most often
harmed, although passengers,
other road users and
pedestrians are also at risk.
Groups potentially at high risk
should also be identified, such
as high mileage and
inexperienced drivers. The
potential risk exposure of these
groups should be relayed to
their line managers who canhelp them plan their workload.
Evaluate and reduce
the risk
Evaluate how likely it is that
each hazard identified will
cause harm and what can be
done to reduce the risk posed.
For example, staff could beencouraged to use public
transport as an alternative,
especially for long journeys or
visits to major cities.
Technologies like video
conferencing could also be
considered. To help protect
drivers from vehicle faults
regular maintenance schedules
should also be place.While this
is easy for company-owned
cars, it might be useful to haveevidence that company-funded
cars are being regularly
serviced and that these and
privately-owned vehicles have
up-to-date MOT certificates.
Record your findings
Organisations with more than
five employees must record thefindings of their risk
assessment. Employees must
also be notified of the findings
and any steps taken.
Review your assessment
Regularly review and update
the risk assessment to keep it
in line with legislative
developments or changes in
company car provision.
Carrying out a risk assessment
There are five steps that should form the basis of any risk assessment.
Each should be carried out specifically in relation to driving at work:
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EMPLOYERS who provide vehicles for
staff as part of a traditional company car
fleet are in the best position when it
comes to complying with current and
pending duty of care laws.
Grey areas arise where cars are
bought through a cash allowance
scheme or where employees are driving
privately-owned vehicles for work. In
these cases, it can be difficult to see
where the employer and staff
responsibilities begin and end.
When the rules governing personal
taxation on company cars were
changed at the beginning of thedecade, cash for cars gained in
popularity among employers and
employees. However, this has led to
the creation of unstructured schemes
where employees can choose exactly
what vehicle they want, regardless of
its suitability for work and its road
worthiness and safety record.
Paul Holmes, head of riskmanagement solutions at the AA,
warns: These cars are completely off
the radar. The driver often believes its
the firms responsibility and the
business thinks it can successfully
wash their hands of the issue, [but]
neither is right.
If the cars are owned by the
organisation, robust systems should be
in place to check factors such as the
status of employee driving licences, car
servicing schedules and general vehicle
road worthiness. The employer will also
know how the car is insured and have
access to staff insurance records.
The same systems should be in
operation if cars are provided under a
contract hire or leasing agreement,where most of the day-to-day
management and risk assessment
functions are outsourced to a specialist
fleet management company, which will
report regularly to the employer.
Jeremy Hay, chief executive of
Essential Risk Consultants and Realtime
Risk Assessment, points out the
problems facing organisations offeringcash allowances or permitting
employees to use private cars.
Probably the biggest single problem is
Learn to drive user admin
Rigorous document keeping and checking is a must for bosseswhen their staff drive privately-owned vehicles for work
Reducing risk
16 employee benefits how to manage/fleet risk 2006
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where employees use their own car for
work purposes. Our research shows,
for example, [that] between 14%-30%
of employees are not covered for
[driving at work] under the terms of
their insurance policy.
It would make sense then for
employers to regularly check the status
of their employees own insurance.
Organisations also need to remember
that staff using cars that have been
bought with a cash allowance or are
privately-owned also have the
protection of the Health and Safety at
Work Act 1974. This means that there
must also be a risk-management policy
in place that covers them.
Colin Tourick, director of the fleet
consultancy Colin Tourick andAssociates, explains: Your health and
safety policy must cover car use
regardless of how you acquire vehicles.
If an employee uses their own car
for work, you, as an employer, are
liable for the health and safety of the
driver and other road users arising
from that use. You cannot absolve
your organisation of its health andsafety responsibilities by moving your
fleet cars to a cash-for-car or
employee car ownership [plan].
The cash versus car debateCash-in-lieu of a company car gives employees
the opportunity to fund their own cars using
company-provided money.This is taxed at source
and is usually paid on a monthly basis with
employees salary.These allowances can be used
to fund a myriad of different finance packages
ranging from a structured employee car
ownership plan (Ecop), where the employer has
brought in the services of a fleet funding
company to supply and administer the vehicles, to
a dealer-based leasing package. Both types of
schemes can be structured to give the employee
vehicle ownership at the end of a set period.
However, some organisations are beginning to
review their cash allowance provisions in light of
their duty of care responsibilities. The highest
profile company to do this so far is the high street
bank Barclays, which last year made a strategic
corporate decision to end its Ecop and move 3,500
employees back into company-provided cars.
Andy Leach, sales and marketing director of
CFC Solutions, a car fleet management company,
says: Organisations didnt use to worry about
the use of private and cash-in-lieu cars used for
business but now they are seen as designated
workplaces and employers have greaterawareness of their duty of care responsibilities
and the need to be compliant.
He adds that many employers are now
offering short choice lists for cash-in-lieu drivers,
which stipulate that the vehicles have lumbar
support and a high safety rating in the European
New Car Assessment Programme crash tests.
Leach thinks some companies are using cash-
in-lieu schemes as a recruitment tool for middlemanagers who are not expected to drive long
distances, while pushing their mainstream drivers
back into company cars.
employee benefits how to manage/fleet risk 2006 17
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employee benefits how to manage/fleet risk 2006 18
ONCE organisations accept that cars
used on business are an extension of
the workplace, there are various checks
and balances that can help reduce the
risk to the employer and its employees.
These can start as early as the
recruitment process by checking the
driving licences of any candidates who
would be expected to drive at work.
Graham Hine, the Midlands region
chairman for the Association of Car
Fleet Operators, says: There is a strong
argument that licence checks should be
part of the recruitment process. Ifsomeone has nine points on their
licence that they have gathered in the
previous two years then are they really
the candidate you are looking for?
He also thinks that steps to control
at-work driving risk should be part of
the induction programme on joining.
Organisations can spend weeks
inducting new employees in all sorts ofways but then just hand them the keys
to a 25,000 car with barely a second
thought. Yet, in the wrong hands, that
car is more likely to result in injury or
death than any other part of that new
employees activity at work, Hine adds.
Fit for the roadWhen it comes to existing members of
staff, measures should also be
regularly taken to ensure they are fit
for the road. This might include, for
example, monitoring when eyesight
tests are carried out and what the
results are, as well as monitoring thetime employees spend driving.
Regular licence checks on existing
staff are not a legal requirement, but
should be viewed as an integral part of
an employers HR operation. They are
the only reliable way to monitor which
drivers have been caught speeding
and those who are in danger of losing
or having their licences suspended.These days, speed cameras line vast
Check for black marks
Driver checks
Driving licence checks and monitoring eyesight tests can helpprotect staff and meet employers duty of care responsibilities
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employee benefits how to manage/sickness absence 2006 19
numbers of roads, and organisations
should be alert to any employees
approaching or exceeding 12 points,
when disqualification becomes
mandatory and could obviously affect
an individuals ability to do their work.
Monitoring driver papersThe best way to monitor driving
licences to is view and photocopy
them every six months and retain
them on file. For higher risk staff with
more than eight points it would be
worth reviewing their licences every
three months. For employer-provided
cars, employers should also consider
regular reviews of spouse and partner
licences to ensure the people
potentially driving them are
competent and legal.
Employers looking for a more high-
tech way to monitor licences and store
other important paperwork relating toat-work driving might also want to
consider using one of the specialist
software packages available on the
market. These can include, for
example, functions for online driver
and vehicle licensing checks, insurance
management, web-based driver risk
assessments, outlines for a duty of
care policy, journey logs andmanagement reporting.
Driver check list
There are a number of practical ways employers
can help to ensure their drivers are fit for the
road and raise general standards of safety, says
Colin Tourick, director of the fleet consultancy
Colin Tourick and Associates. The steps
organisations can take include:
Implementing a formalised system for
regularly checking the status of driving
licences of your employees.
Regularly check insurance documents for cars
used on business and MOT certificates of cars
that are more than three years old.
Make sure drivers undergo regular eyesight
tests, including those who do not wear
glasses. Put a monitoring system in place to
record when tests were carried out and what
the results were.
Get drivers to read and sign the health and
safety policy annually.
Consider making drivers pay for the excess on
any insurance claim.This could help them
focus on more responsible and safer driving.
Encourage line managers to monitor the
number of appointments staff make and themileages and times involved.Where possible
encourage the use of video or telephone
conferencing instead.
Ensure that with any employer-provided cars
employees choices include side airbags.
Employers could also consider only selecting
models with high ratings in the Euro New Car
Assessment Programme crash tests.
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20
Safety at a premium
Driver training
To cut insurance costs, organisations are turning towards driver skills
DRIVER training programmes can
improve the skills levels of new and
existing employees driving on business.
As well as helping to improve staff
safety, they can also reduce insurance
costs and provide clear evidence that
your company is taking its duty of care
responsibilities seriously.
However, despite the proven benefits
of driver training, only a small minority
of organisations actually provide it.
According to research by the Institute of
Advanced Motorists, 75% of employees
have never been offered any form of
driver risk assessment or training.
Driver training firms often point out
that if schemes are introduced properly,
and are perceived by employees as a
benefit, then they can also have a
positive impact on staff morale.
However, driver training should not
be viewed as a one-off quick fix, as the
most effective programmes include
follow-ups to make sure drivers have
not slipped back into old habits.
Bill Pirie, a consultant with Driver
Training Matters, says:The six major
hazards seen in collisions are drinking
[and driving], speeding, overtaking,
lack of care at junctions, cyclists and
pedestrians. Training will help drivers to
recognise these through better
anticipation and concentration,
through adopting safety margins
around their vehicles and by creating a
sense of accountability, he says.
Pirie adds that training can have
wide ranging benefits for the company
over and above accident prevention.
As [an employer] you will see results
including reduced fuel and maintenance
costs, lower collision rates and insurance
costs but, most importantly, you could
be saving lives.
Document management and
digital printing firm Oc , is
putting more than 500 company
car drivers through a
psychometric-based online risk
assessment to build on the
results it has already experienced
through in-car driver training.
The company has offered in-
car driver training since 1999. As
a result, it has seen its accident
rate fall from 69% to 39% and a
reduction in annual accident
costs of around 126,000 over
the last five years.
Colin Jones, Oc (UK) fleet
services co-ordinator, says: The
online risk assessments will help
identify our drivers attitudes to
driving risk, while the [in-car]
training allow[s] them to gain a
better understanding of
themselves [and] how they
approach driving.
Case study: Oc (UK)