It is clear from numerous fleet industry surveys that far too many companies have adopted a laissez-faire attitude towards staff by opting for cash as a mechanism of funding a vehicle in place of a traditional company car.

With the government, police and Health and Safety Executive increasingly focused on taking measures to reduce the number of road crashes involving at-work drivers, it is crucial that companies have a complete audit trail of all vehicles driven on business ­ whether corporately or privately owned.

In 2006, the most recent years for which official Department for Transport figures are available, a total of 3,172 people were killed on Britain’s roads and 255,232 were injured.

It is estimated that between a third and a quarter of road traffic crashes involve someone who was at work at the time. Based on last year’s data that would be around 800 to 1,060 deaths a year, compared to 241 fatal injuries to workers in the ‘traditional workplace’.

The percentage of occupational drivers injured is also between a third and quarter of the total figure. Therefore, driving on business, for most employees, is the most dangerous task they undertake during their working life.

For those companies that have failed to manage safety issues relating to employees who drive their own cars on business, next month’s implementation of the long-awaited Corporate Manslaughter and Corporate Homicide Act could be the catalyst for change.

Industry reports suggest that one million non-company owned vehicles are driven on business - the so-called ‘grey’ fleet.

But while companies are typically conscientious about ensuring that corporately-sourced vehicles are serviced, maintained and repaired in accordance with best practice and insured for business use, they are invariably blind to the identical responsibilities that impact on privately-owned cars driven on business.

There are widespread concerns over manufacturer-recommended service intervals not being met, MoTs not being carried out on schedule, accidents involving ‘grey’ fleet vehicles not being reported and basic maintenance checks not being carried out, for example, on tyres, lights and fluid levels.

Risk assessments and vehicle and driver audit trails ­ as well as checks that business insurance is in place ­ are an essential part of company compliance with legislation, such as the Health and Safety at Work Act and the Management of Health and Safety at Work Regulations.

The new Act, which comes into effect on April 6, serves to underline the importance of meeting existing legislation. In terms of work-related road safety, following a fatal road crash involving an at-work driver, investigating police officers will be looking for weaknesses in the way the employer monitors, audits and reviews its policies and procedures in respect of vehicles, drivers and journeys.

Companies will face a charge of corporate manslaughter (corporate homicide in Scotland) ‘if death is caused by a gross breach of its duty of care that is substantially due to senior management failure’.

For corporate decision-makers the ‘bible’ to prove compliance is the Heath and Safety Executive’s ‘Driving at Work: Managing Work-related Road Safety’ ­ available at hse.gov.uk/pubns/indg382.pdf

The document says: ‘Health and safety law requires employers and the self-employed to ensure, so far as reasonably practicable, the health, safety and welfare of all employees and to safeguard others who may be put at risk from their work activities. This includes when they are undertaking work-related driving activities.’

Grey area

As many as one in four vehicles used on business could be at risk of breaking health and safety rules, amounting to one million cars, according to a 'grey fleet' survey by Arval PHH.

The grey fleet has grown with increasing numbers of employees choosing to opt-out of company car schemes and from businesses wanting to provide more flexible benefit packages for employees.

Opt-out vehicles and private vehicles used on company mileage do not typically fall under the control of company car policies and are a management and reporting grey area, hence the name 'grey fleet'.

Report findings:

• 35% of businesses have no policies in place to check employees' licences

• 53% of businesses do not check that grey fleet vehicles are properly insured

• 74% of businesses do not ask grey fleet drivers to provide an MOT certificate

• 83% of companies have no system in place to ensure that grey fleet vehicles are regularly maintained

• 56% have no policy for reporting accidents in non-company vehicles.

• over 73% of businesses set no maximum acceptable age for grey fleet vehicles

• only 14% insist that vehicles be less than three years of age and benefit from the latest health and safety technology

• nearly 80% of businesses do not check if vehicles are suitable for drivers, potentially leading to increased risk of driving-related injury such as backache and fatigue

• only 2% of businesses use the Euro NCAP independent safety ratings for grey fleet vehicles when assessing whether a vehicle is suitable for business use

• 76% of companies do not carry out risk assessments or driver training for their grey fleet drivers

• less than 5% of businesses place any restriction on the CO2 emission level of grey fleet vehicles

Source: Arval PHH

Aaron Brown is managing director of Fleet Technique