ROG wrote:I will not be INSTRUCTING only advising/training - the driver is under no obligation to take my advise - is that legal?
Health and safety law requires employers ...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. HSC’s enforcement policy statement recognises the need to prioritise investigation and enforcement action. The police will, in most cases, continue to take the lead on the investigation of road traffic incidents on the public highway. Enforcement action by HSE will usually be confined to incidents where the police identify that serious management failures have been a significant contributory factor in the incident.
Susie wrote:IF something subsequently went wrong and a member of staff was killed or seriously injured whilst on company business, in company time and someone decided to sue that company, managers/directors could possibly point the finger in your direction, to avoid taking the flak themselves!
Susie wrote:IF something subsequently went wrong and a member of staff was killed or seriously injured whilst on company business, in company time and someone decided to sue that company, managers/directors could possibly point the finger in your direction, to avoid taking the flak themselves!
ROG wrote:If I am a full time PAYE employee of a company, and that company want me to improve the driving standards of their drivers, can I give driving advise to my workmates, if they want it, when they are driving, or do I have to be an ADI ?
Big Err wrote:If the employer approves the training, they take responsibility for it. Under vicarious liability the employer only has to demonstrate that they provided sufficient training or appointed an employee who should have the knowledge/ability for the job. If the employee does something which is not in their job remit, or is not Professional they take responsibility for their own actions. (you get my drift?)
Eric
StressedDave wrote:True, but if you take things to extremis, they could be convicted of procuring the offence of giving instruction for money while the employee would be convicted of the offence itself.
vonhosen wrote:Only people who can do what you are describing are the Police.
hpcdriver wrote:so your employer could ask you to go out with colleagues to assess whether they require driver training, and purely incidental to the assessment you could give them some tips. Do others agree that this would be legal? If you were considering doing things this way, I would suggest documenting that the purpose of the drive is not instruction.
MGF wrote:vonhosen wrote:Only people who can do what you are describing are the Police.
Strictly speaking, you mean formally appointed police instructors not just any police officer who might be asked to give a bit instruction don't you?
(Just looking at the exemption section of the RTA1988).
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