Investigation of employer role in at-work driver collision

Freedom of information request reference no: 01.FOI.25.042246

I note you seek access to the following information:

Over the past three years

1. Following collision involving at-work drivers, how often do you investigate the potential role of employers for example by causing or permitting unlawful driving or being in breach of their health and safety obligations?
2. How often have you referred an employer to HSE following a road traffic collision?
3. How many drivers did you recommend for prosecution for on-road or motor offences?

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - Following collision involving at-work drivers, how often do you investigate the potential role of employers for example by causing or permitting unlawful driving or being in breach of their health and safety obligations?

This is dependent on the circumstances, should an “at work” driver be involved in a collision this will normally be as a result of the circumstances leading up to the collision and therefor normally the driver and driving will be investigated. Should there be incidents of un-road worthy vehicles, or incorrectly documented drivers, or drivers continually exceeding drivers hours etc the company and their safe working policy and practice would be looked at as part of a wider investigation.

This is simplified where HGV drivers are mandated by law to conduct a “walk around check” and therefore should know about any defects, if the company then cause or permit the use of a vehicle with defective safety systems, they can be reported to the HSE. The MPS do not investigate health and safety breaches, we simply report apparent breaches to the HSE.

For non-HGV drivers this is more complicated and can encompass 50cc fast food delivery mopeds being used in an “at work” capacity to home delivery services, who have no obligation to be fitted with safety equipment and therefore the checking is at the integrity of the driver.

Q2 - How often have you referred an employer to HSE following a road traffic collision?

A number of companies have been reported to the HSE by the MPS following collisions where either vehicle mounted equipment, cranes and skip loaders etc have failed, or been tampered with, or a vehicle has been involved in a collision on a work premises. While on work premises the primacy sits entirely with the HSE. We cannot say how often because there are limited records kept of HSE referrals.

Q3 - How many drivers did you recommend for prosecution for on-road or motor offences?

Please see below totals for Potential Prosecutions, some of this data is still awaiting updates so this will be subject to change.