Imagine the scenario if you are the operator of a fleet of Company cars or vans. Your employee falls asleep at the wheel and is badly injured when his vehicle overturns. At first sight, it seems that the accident was caused by basic driver error but a recent Court case has found that the employer could be held liable for the employee’s injuries if the employee had been considered to have been overworked.

A recent Court case found an employer liable when one of their employees’ was left paralysed after falling asleep at the wheel whilst driving on the M1 motorway. The Company, who supplied fitted kitchens and bedrooms, were successful – largely due to hard work and the long hours which employees were encouraged to work. The employee in question started work at 3.30 a.m. and, after attending jobs in Swindon and Sidmouth, he drove back to Bradford at 7.p.m. on the same day. The accident occurred 32 miles from his home.

The employee’s Solicitor successfully secured an interim payment of £400,000 from the employer claiming that employers who cause or permit their employees to work very long hours and allow them to drive when they are tired, could be held liable if that tiredness leads to an accident.

It has been accepted for decades that it is not safe to allow a factory employee to use machinery for hours at a time because of the risk of injury. Driving is also a potentially dangerous activity and employers must take reasonable steps to ensure that their employees are safe.

This also poses the question as to why the hours of HGVs are tightly controlled and yet there are no such statutory rules for drivers of Company small vans or cars.

All operators of Company vehicles should issue a Company Vehicle Users Handbook to all drivers which specifies clear directives to employees of the need to ensure that they do not drive for long hours and take regular breaks.

If you require assistance with your Company Fleet Risk Management, please contact John Girling, Ryan Insurance Group on 0870 754 9400.

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