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Checks must be in contract, warns lawyer
Page 13
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• Transport companies have no legal right to ask employees to see their driving licences unless it is in their employment contract.
That's the warning from lawyer David Faithful of solicitors Amery-Parkes. Speaking at a conference in Warwick organised by road safety group Brake, he told delegates that they must ensure that provision to check employee driving licences is included in employment contracts.
A straw poll at the event showed that while all delegates' companies checked employee licences, only 5% included the policy in their contract of employment.
Faithful also warned that licence checks should be part of health and safety policies and all steps taken must be outlined in employment contracts. "If you are implementing a health and safety regime you have to tie it into your contract of employment."
Ile says that companies increasingly have to be seen to be auditing health and safety issues, and must have a policy which monitors risk.
"Employers must monitor and address risk—and need to be seen to be doing it."
Faithful believes these issues will become more vital when the Health and Safety Executive launches a new guide on workrelated road safety. This includes a requirement to carry out risk assessment, and to ensure it is constantly updated.
"This is coming your way this autumn. It's like an approved code of practice on managing road risk. The police will use It to sae whether you have complied if they are investigating an accident Involving one of your vehicles—and woe betide you if you haven't," he warns.