Banks, lending institutions, vehicle manufacturers and large corporates will all be well versed with their duty of care in relation to Occupational Road Risk.
Under the Health and Safety at Work Act 1974 employers have a statutory duty to carry out an assessment of the risks to the health and safety of their employees and that certainly includes driving activity.
Is it possible that such a duty of care extends to a company’s supply chain, moreover to what extent does a duty of care exist in agency arrangements, where an agent is acting on behalf of a principle?
Certainly the constituent members of the supply chain have a duty of care to their employees and this extends to zero rated employment contracts and the self employed.
So why be concerned about occupational road risk? Because many of us are in a business involving motor vehicles, whether it be leasing them, repossessing them, evaluating them, moving them or selling them. All such activities include an element of occupational road risk.
So what to do about it? The law requires that you carry out an assessment of the risks and take action to mitigate the risks identified.
If you are a vehicle repossession company you are engaging in a risk activity with pretty much every instruction undertaken.
What happens should an unfortunate incident occur? The Police treat the scene of a road traffic collision fatality as an un lawful killing locus and will investigate accordingly, which will include interrogation of any drivers on business and their compliance under the H&SAW Act.
Then there are the reputational issues, not only as an agent, but also the reputation of the principle, usually a major brand with serious investment in brand reputation. Compliance with the law demonstrates that you are serious about what you do.
From an insurance perspective, insurance being one of the higher costs to participation in the repossession sector, how will your insurance company value your renewal? If you are able to demonstrate that you have properly assessed the risks and taken action to mitigate them there is no doubt that this will be viewed more favourably, or in other words, will reduce the costs of your premiums.
So for reason of legal compliance, reputation and insurance costs it makes perfect sense to engage in the management of your occupational road risk.
