ProFleet2 is installed into company vehicles supplied by ALD Automotive as part of a joint commitment being made by our respective businesses into managing key health and safety issues. We have explained these responsibilities in more detail below but should you have any query regarding any point please do not hesitate to contact your main fleet contact.

Under the Health & Safety at Work Act 1974 employers need to "ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees".

This is achieved through "the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health" and "the provision and maintenance of a working environment for employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work"

To comply with the Workplace (Health, Safety and Welfare) Regulations 1992 a vehicle used for work purposes - whether it is a supplied by the company or is owned by an employee and used for regular or occasional work journeys - constitutes a 'workplace' while used for work purposes and must provide the driver with a safe place of work.

In short, where an employer requires an employee to drive a vehicle for the purposes of their work, their duty is to do what is reasonably practicable to avoid or minimise the safety risks associated with driving e.g. ensuring it is properly equipped and maintained, taxed and insured. Employers must also ensure that their employees comply with road traffic laws, that they have a valid driving licence, and their system of work safeguards against driving excessive hours or for long periods without rest breaks.

The Health and Safety Executive (HSE) states that "health and safety law applies to on-the-road work activities as to all work activities, and the risk should be effectively managed within a health and safety management system" and recommends that employers need to comply with duty of care by implementing policies with procedures to ensure occupational drivers are not exposed to unnecessary risk e.g. through a documented occupational driving policy with evidence that it is being performed.

The Department for Transport also commissioned a report into occupational driving and recommended that "companies and stakeholders should consider aspects of safety culture when addressing work-related road safety issues, in particular, training, procedures, planning, incident management/feedback, management/supervision and safety communications"

Enforcement action can be taken against employers who fail to comply with their duty of care, or who fail to monitor driver behaviour. In serious cases, corporate manslaughter cannot be excluded, particularly as new laws on corporate manslaughter will improve prosecution success rates.

In order to achieve compliance, it is necessary for employers to demonstrate not only that they have implemented a policy, but also that they monitor the performance of work related road safety at regular and frequent intervals e.g. recording whether drivers are driving for more than 2.5 hours without a break, driving more than 6 hours in any day, driving at times where fatigue-related accidents are more common or driving more than 3000 miles per month, etc.

If an employer fails to implement a system of monitoring and acting in respect of "at risk" drivers, they are likely to suffer enforcement action by the Health and Safety Executive “where police identify serious management failures have been a significant contributory factor following a road traffic accident" (extract taken from HSE Guidance on Work Related Safety).

To the extent that the journey data recorded by the ProFleet2 device constitutes a driver's personal data, it is subject to the provisions of the Data Protection Act 1998. This data is only available to the driver using a username and password, and is not available to the driver's employer unless the driver authorises the disclosure of this information.

Driver Consent – Data Protection

ProFleet2 uses the personal data of the driver such as name, email address, home address and employee ID number. ProFleet2 transmits telephone "std" codes to record the car's mileage and journey logs. This in itself is not "personal data", but when put together with the driver's registration details it will amount to personal data and be subject to the provisions of the Data Protection Act 1998.

Where an employer wishes to have access to the journey data of their employees driver consent is required. The employer must inform the driver of what uses will be made of the data and by whom e.g. to help it comply with its health and safety obligations, monitoring of business journeys, adherence to road traffic law speed limits, etc. If ProFleet2 data was to be made available in a disciplinary investigation this would have to be made known to the driver at the point of obtaining consent.

Irrespective of the driver’s consent, however, ProFleet2 data may be disclosed:

• to the police or otherwise as required by law
• to VOSA along with ALL vehicle data, in respect of road traffic accidents in which a fatality occurs
• in connection with any legal proceedings (including prospective legal proceedings);
• for the purpose of obtaining legal advice; or
• as otherwise necessary for establishing, exercising or defending legal rights.

The employer will commit an offence under data protection legislation if information is not used and stored in accordance with the Data Protection Act 1998. The extent of the penalty depends on the breach. Summary offences attract fines up to £5,000 per offence. Indictable offences attract unlimited fines. The destruction of data can also be ordered. Directors may be liable and "punished accordingly" for their consent, connivance or neglect in breaching the provisions of the Data Protection Act 1998.