Employers owe a duty of care to their employees under health and safety law, to ensure the risks of driving at work are managed under an effective health and safety system. It is essential that anyone who uses their car for travelling in-between service users addresses has the appropriate insurance cover. Staff should always think ahead and be prepared for the unexpected whilst driving. Staff should take particular care during adverse driving conditions.
It is therefore important that we have procedures in place to ensure that the vehicles you use conform to the road traffic laws whilst you are working for Compassionate Care Team Ltd and are safe and properly maintained. We advise all staff to have the insurance specified below: Business Use: You use your car to drive to places for work – for example, visiting different service users throughout the day. It’s not the primary use of the car, but nevertheless, requires a slightly higher level of cover This policy does not form part of an employee's contract of employment and may be amended at any time.
Members of staff must ensure they comply with the following:
• You must check the safety of your car before commencement on any journey • You must not drive whilst under the influence of alcohol or drugs, nor whilst subject to after effects of alcohol or drug use • If you are required to take any form of medication, you must notify the Company in writing and should refrain from driving until you have been confirmed as fit to drive by your doctor • You should not drive whilst overtired and you should take regular breaks when feeling tired or drowsy. If the rest break means you will be late for an appointment, you should contact the office and explain the reason for the delay • Always drive safely and within the restrictions of the particular road conditions, including speed limits • During adverse weather, you should ensure that the vehicle is checked for use. You should plan your journey carefully and make sure that your route is known to others. You should always be prepared by taking warm clothing with you and check for likely weather conditions prior to setting out on your journey • You should not be distracted whilst driving. Eating or drinking whilst driving is not permitted • You should ensure that you park the vehicle in a well-lit area to ensure your safety is not endangered. You should also consider using the vehicle’s internal locking mechanism whilst driving in areas where your safety may be compromised • You should ensure that your eyesight is checked regularly for deterioration. It is your responsibility to ensure that this takes place and corrective measures are taken where necessary • You should not use a mobile phone whilst driving unless there is a Bluetooth headset or voice command or a dashboard holder. The law applies even if you are stopped at traffic lights or queuing in traffic. Ideally, the phone should be switched to 'Do Not Disturb' while driving
Compassionate Care Team Ltd will consider taking disciplinary action against any member of staff who fails to comply with these requirements. In the most serious cases (for example driving whilst intoxicated) this may result in summary dismissal for gross misconduct.
Mobile Phones and Driving
• Staff should not use a mobile phone whilst driving unless there is a Bluetooth headset or voice command or a dashboard holder. The law applies even if stopped at traffic lights or queuing in traffic. Ideally, the phone should be switched to 'Do Not Disturb' while driving • If they do not have a hands-free mobile telephone, they should switch their mobile off and should not make or receive any calls whilst driving or in control of the vehicle • Where they have a hands-free telephone, they should avoid making any telephone calls unless absolutely necessary. They should also not take any calls where the conditions would place them or other road users at any risk • If a hands-free call is received and the driving conditions are potentially difficult or hazardous the call should be terminated politely with an undertaking to return the call when they have been able to park safely • Wherever possible, avoid being distracted by the use of hands-free equipment whilst driving, concentrate on the driving and ensure a safe journey • Under no circumstances must the member of staff send a text message or email whilst driving. It is not possible to concentrate and drive safely whilst performing these functions and is a criminal offence • If the member of staff has any questions as to the safe use of mobile phones, please contact their manager. The mobile phone which has been supplied is only to be used in accordance with this policy • Failure to comply with this policy will be deemed a disciplinary matter and could result in summary dismissal as it is a driving offence but, more importantly, endangers your safety and that of other road users
In-vehicle Electronic Equipment
• In-vehicle electronic equipment can be used as long as staff can drive safely when doing so • Staff should not play electronic radios, CDs, MP3 players or other equipment at a volume that could endanger health or distract them from concentrating on the road • If staff need to use satellite navigational aids, these should be used in a safe way and should not distract them from essential safety factors
Record and investigate Ensure that you understand your employer's process to record an accident should one occur while you are using your personal car for work. This will enable an investigation to take place to determine whether the condition of the car played a part in the accident and, if necessary, what action needs to be taken. We advise the above to protect our support workers regarding insurance when making claims. In the unfortunate situation of an accident whilst at work, the member of staff should ensure the following conditions are adhered to:
• Note details of the accident together with the full details of any other vehicles or persons involved in the accident • The member of staff should not, under any circumstances, make any admission of liability • As soon as possible after the accident staff must report such details to Compassionate Care Team Ltd.
An accident report form must be completed and returned to Compassionate Care Team Ltd within 48 hours of the accident wherever possible