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Work-Related
Road Traffic Deaths - HSE Policy
Significance
of whether incident is Reportable
It is important first to distinguish between those
work-related road traffic deaths that employers are
obliged to report to the Health and Safety Executive
and those that are not.
Most
WRRTIs involving vehicles on the public road are not
reportable.The only ones that are reportable and those
involving:
| • |
exposure
to a substance being conveyed by road; |
| • |
loading
and unloading of an article or substance (not
passengers) onto or off a vehicle; |
| • |
construction,
demolition, alteration, repair or maintenance
activities on or alongside public roads; and |
| • |
a train (at a level crossing for example) |
The
fact that the RTI is 'reportable' makes it more likely
that the HSE will assume some role in their investigation.
However,
the HSE accepts that, "The fact that a road traffic
accident was non-reportable under RIDDOR would not
prevent its investigation by HSE."
HSE's
Operational Minute
HSE's Operational Minute OM2003/103 gives guidance
to inspectors on the circumstances when HSE will and
will not have involvement in a WRRTI.
The
guidance divides WRRTIs into three different categories.
Circumstances where "HSE will have a role",
"circumstances where HSE might have a role"
and 'circumstances where HSE will not have role".
The appendix describes 49 examples of possible WRRTI
and sets out whether HSE does, may , or does not have
a role in their investigation.
Circumstances
where HSE will have a role
Para 16 states that, HSE
involvement in work-related RTIs should be restricted
to three broad situations:
| 1 |
where
work vehicles are engaged in specific work activities
(other than traveling) on the public highway,
e.g., hedge-cutting, refuse collection, unloading,
construction, traffic management, etc; |
| 2 |
where
workers (not in vehicles) are engaged in specific
work activities (other than travelling) on the
public highway, eg construction work, repairs
to street furniture, refuse collection, street
cleaning, etc; and |
| 3 |
where
vehicles connected with particular work premises
are manoeuvring in, out and in close proximity
to those work premises. |
However
the guidance states that even in these circumstances,
"When
approached by the police for help, inspectors should
agree to assist where the police demonstrate with
evidence that serious safety management failures
have been a significant contributory factor
in the incident." (emphasis added)
that
is to say, the HSE will only get involved when there
is evidence provided to them by the police of "serious
safety management failures" which have been a
'significant contributory factor' in the incident.
Otherwise the guidance suggests that they will not
investigate.
Circumstances
where HSE might have a role
Para 20 of the Operational minute states:
| 20 |
In
addition two broad circumstances will arise outside
those detailed in para 16 when it might be appropriate
for HSE to take formal enforcement action in relation
to work-related RTIs:
| (1) |
when
another enforcing authority, normally the
police, has taken enforcement action under
their legislation, e.g. Road Traffic Acts,
but are unable to address the underlying
risks caused by health and safety management
failures. In these cases, the advice given
in paras 22, 23 and 24 is relevant; and
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| (2)
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when
no suitable specific legislation exists,
and underlying health and safety management
failures create continuing risks to the
health and safety of employees and/or members
of the public that can only be adequately
dealt with through enforcement of health
and safety law. Again, the advice given
in paras 22, 23 and 24 is relevant. That
said, formal enforcement action should not
be taken just because there is an absence
of alternative specific legislation or to
fill gaps in other legislation. (See
appendix, section 9 on hours of driving). |
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When
HSE has a role, what enforcement action should they
take
In relation to the above two categories - where HSE
'will have a role' and 'might have a role', Para 22
to 25 sets out the guidance to inspectors on what
enforcement action they should take.
| 22 |
Formal
enforcement action by HSE will usually be confined
to significant and demonstrable failures to
manage the health and safety of work activities
on or near the public highway by employers
and the self-employed. |
| 23 |
HSE
has a dual role of preventing further harm from
occurring and instigating legal proceedings where
appropriate. Enforcement action should, in most
instances, be confined to the service of notices
to remove risks caused by underlying health and
safety management failures. However, if principal
inspectors consider that the circumstances of
a particular incident fall within the Commission’s
Enforcement Policy then prosecution may also be
appropriate. Care will be needed to check that
action required by HSE does not conflict with
other law, e.g. Highways Act, planning legislation. |
| 24 |
HSE
should not prosecute solely because road traffic
offence penalties are disproportionate to the
offence committed. In such instances it should
be left to the Crown Prosecution Service/Procurator
Fiscal in Scotland to decide whether the employer
should be prosecuted under health and safety or
road traffic law. |
Circumstances
where HSE will not have a role
Para 21 states:
| 20 |
As
a general principle, HSE inspectors will not have
a role in relation to:
| 1 |
work
vehicles travelling along the public highway
as part of a road journey; |
| 2 |
vehicle
design issues where the Road Vehicle (Construction
and Use) Regulations 1996 take primacy (except
for design issues relating to a specific
work activity); and |
| 3 |
employees’
duties under HSW Act s.7 as the more specific
and detailed duties on drivers under road
traffic legislation will take precedence.
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As
an appendix to the Operational Minute, guidance is
given in relation to almost 50 types of possible WRRTI
on whether the HSE does have a role, is likely to
have a role, possible has a role or does not have
a role
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