Risk Management And Duty Of Care

Employees travelling on company business are of special interest as this is seen as "workplace" and even commuting in a company vehicle is being considered in this light.

The new legislation banning smoking in company vehicles, with a passenger, becomes law next year and brings more complexity to this area. It is increasingly common for van drivers to be banned from smoking whilst in their vehicle, and in Scotland the law already dictates that smoking in not permitted in commercial vehicles.

This imposed responsibility requires employers to ensure that vehicles are fit for this purpose. Any vehicle provided by the company for use on business should be subjected to company rules and regulations designed to ensure good health and safety practice and insured for business use. This also applies to vehicles provided by the employee where the employer reimburses for business usage.

With the government committed to the introduction of new corporate manslaughter laws, senior company executives will be bought to court for failing in their duty of care in a vehicle being used for company business.