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Managing Vehicles. - CONSEQUENCES – Presented by: Geoffrey Bray Chairman Fleet Support Group Michael Appleby Partner Housemans Solicitors. Managing Vehicles. “There has never been a better time to get it right” Efficiency Compliance Cost The Big Challenges.
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Managing Vehicles - CONSEQUENCES – Presented by: Geoffrey Bray Chairman Fleet Support Group Michael Appleby Partner Housemans Solicitors
Managing Vehicles “There has never been a better time to get it right” • Efficiency • Compliance • Cost The Big Challenges
Managing Vehicles • Where to begin • Ask the Question Why?
Managing Vehicles • WHY do we need vehicles? • WHY do we manage them the way that we do? • WHY don’t we challenge ‘everything’?
Policy – Unintended Consequences • Out of control • Winners/Losers • No idea of real cost • Increases other repairs • You just pay the bills • You get what you pay for • Grey Fleet • Cash Opt Out • Bundled Services • Long Service intervals • HR-driven policy • Procurement-driven policy
Examples of Driver Abuse • 09 registered • vehicle owned by • a charity • Image of rear • seat. Rest of the • vehicle the same • Food ingrained • into the seat • Unpleasant smell
Examples of Driver Abuse • National fleet of • estate cars • Comment from • driver “nobody • told me I couldn’t • carry paving • slabs!!”
Examples of Driver Abuse • I’m just • following • instructions, • take the • rubbish home!
Examples of Driver Abuse • Rodent found • in door lining • Driver had • complained of • unpleasant • smell
Managing Vehicles • Manage the Driver – the Vehicle – the Journey • Think things through • Learn from the past but innovate for the future • Our industry is changing – change with it • Your management decisions will have ‘consequences’ • The ‘consequences’ of doing nothing is not an option
Managing Vehicles - CONSEQUENCES - The Legal View Michael Appleby
Workplace Deaths • 25 years ago – over 650 deaths per year • Today – under 200 deaths per year • YET – work related road deaths estimated to be between 500 and 750 per year
Recent Research The Institution of Occupational Safety and Health (IOSH) commissioned a report by the Transport Research Laboratory (TRL) published Sept 2011 and have concluded employers could do more to reduce work related road deaths.
Legislation • Police’s Road Death Investigation Manual requires HSE to be called in if police suspect management failure has contributed to the incident. • Cause and permit offences under Road Traffic legislation • Corporate Manslaughter – expect directors and managers to be prosecuted alongside company (even though not a requirement of the new Act)
Legislation continued • Health and Safety at Work Act 1974 • Management of Health and Safety at Work Regulations 1999 – work related road risk is a risk that has to be assessed and managed just like any other • Health and Safety (Offences) Act 2008 – Individuals can now receive custodial sentences if convicted of health and safety offences
Consequences of investigation/ conviction • Impact on Employee morale • Impact on management time – disruption to business • Fines and costs if convicted • Reputational damage • Tendering for work and keeping contracts
Benefits of managing risk • Improvement to worker safety • Reducing operational costs • Reducing prospect of prosecution and if incident occurs improving chances of defending
Question to the audience Why take the risk?