URTU

01.12.07

The pace of today's business world is frantic. Not only do we have our own designated place of work, but we may have to visit colleagues in other workplaces from time to time, and attend meetings on other premises associated with the job we do. At times, it seems that we live our lives on the road - even before the workday starts. Not for the first time do we rise at 5.30am to get to a 'breakfast' meeting at the other end of the country. So often our office can become the motorway network of the UK, and our desk the dashboard of the company car.

It has become a way of life for many of us. It goes with the job. It can be exhausting and stressful, but this is what our work demands of us.

Consider this, then, if you would:

Driver tiredness is one of the biggest killers on our roads today. On motorways and other monotonous roads, it results in one out of five crashes. (Those at risk of morning crashes are young male drivers, whilst older drivers have a risk of crashing by mid afternoon).

Department of Transport research in 2004 suggested that approximately 300 people each year are killed by drivers who fall asleep at the wheel. The same research found that 17% of road crashes that resulted in injury or death were sleep related.

A worrying 67% of sleep related crashes were caused by car drivers, whilst only 32% were caused by drivers of goods vehicles.

If you cause a death whilst driving in a tired state you may be charged with causing death by dangerous driving if there is sufficient evidence available.

The maximum penalty for death by dangerous driving is 14 years in prison.

Sobering, isn't it?

Remember the case of the Selby Rail Disaster? In 2001, Gary Hart fell asleep at the wheel of his vehicle on the M62. He had not slept the night before. He lost control of his vehicle. It left the motorway, and plunged down an embankment onto the railway line. The train driver and nine other men died in the crash.

You may think that it could not happen to you. However, be aware of what is termed a 'microsleep'. Nodding off for just a few seconds at the wheel of your car could be fatal. At 70 mph on a motorway, a 'microsleep' of 6 seconds could take you 200 metres, across three lanes of traffic, down a similar embankment and onto another road or rail track. Loss of life, maybe even your own, is a terrifying thought.

Many factors can contribute to driver tiredness and increase the risk of being involved in a sleep-related accident. If you work long shifts, and particularly if your job involves a long journey either to or from work - particularly on a motorway - you are more likely to suffer fatigue. If part of your job involves driving anyway, then you will additionally become tired more quickly if you don't take regular breaks.

What about the car you drive? These have become much quieter and more comfortable during the last decade or two. If you have cruise control, you may be much more relaxed than ever previously, thus lulling you into a false sense of comfort and security.

Consider also that some medication can cause drowsiness. For example, some anti-inflammatory drugs and anti-depressants, as well as some over the counter medication, can alter your ability to remain alert and potentially impair your driving ability.

It pays to remember that driving whilst tired is an offence under Road Traffic Law and either you (the driver) and/or your employer, may be liable to prosecution.

So what can you do to reduce the risk of falling asleep at the wheel, and what should your employer be doing to make you safe?

The Health and Safety Executive (HSE) has produced guidelines that state:

"Health and Safety Law applies to on the road work activities as to all work activities and the risks should be effectively managed within a Health and Safety system."

This means that if your car is supplied or used as part of your job, it is legally classed as "work equipment" under the Provision and Use of Work Equipment Regulations 1998. The Act that enables the Regulations to take effect is the Health and Safety Act 1974 and this requires employers to ensure the health, safety and welfare of employees so far as is reasonably practicable. To do this, any employer needs to identify the risk to health of excessive driving hours on their workforce.

The Regulations state that Risk Assessments should identify the hazards associated with driving, and measures should be taken to reduce the risk of injury to health to the lowest acceptable level. Risk Assessments should be reviewed regularly. If the measures taken are considered insufficient, then alternative steps should be implemented. Records of the Risk Assessments should be carefully and accurately maintained. Such assessments could, and should, include the following considerations:

Driver familiarity with the vehicle and the route being taken.

Use of mobile phones whilst driving.

Monitoring of driving incidents - as an employee, you should be encouraged to report these without fear of adverse reaction or action.

Training and information requirements.

This list is by no means exhaustive, but gives a flavour of what should be considered when carrying out such an assessment.

Your employer also needs to raise awareness of the hazards of excessive driving with you.

The point about training and information is critical. As part of recruitment, training and regular staff appraisals, your employer should remind you about the dangers of driving whilst tired. This should include the need to plan safe journeys, the need to get adequate sleep before starting a journey, how to spot early signs of fatigue and what to do if you feel tired during a journey. Your employer should also make you aware of the dangers of falling asleep at the wheel.

Having assessed the risks, what measures should your employer put in place?

Your employer needs to consider the safer alternatives for you. Managers should implement the use of remote communications, such as video conferencing, where possible. Your employer should set in-house limits on maximum driving distances - per day, per week or per month. There should be some element of control over your driving hours for unbroken journeys, and breaks and break locations should be planned in advance of commencing a journey.

As a working rule, you should not be required to drive continuously for more than two hours without a 15 minute break, as an absolute minimum. Your employer should permit overnight stays where possible, either at the start or the end of a working day. Your employer should also be asked to consider and review shift arrangements so that you do not have to drive whilst tired. (It is proven that workers on a twelve hour shift are significantly more tired at the end of a shift than those on an eight hour shift.)

Your employer should also actively discourage driving at night and in adverse weather conditions. Above all, they should adopt a reasonable policy, communicate it to you (or through your Union Representative), and apply it effectively.

As a driver, you should also be aware that whilst your employer has a duty of care towards you in this type of situation so, too, must you take a reasonable and considered approach to your own work time driving.

Safety is the most important thing to consider whilst driving - not how quickly you can get to your next meeting.

Know what the warning signs are. Recognise when you start to feel sleepy. If you are struggling to concentrate and yawning frequently, find somewhere to rest as soon as possible. Do not fight tiredness. Winding the window down and playing the radio at full volume is not the answer! This is a temporary measure only, to assist you staying alert until you find a place to rest.

Plan your route to factor in rest breaks if you need them. Also allow for congestion and unexpected hold-ups that later have you speeding to make up time rather than resting when you should.

If part of a particular day's work involves driving more than two hours in each direction, consider alternative means of transport, such as trains or aeroplanes. These will allow you to rest or work during the journey, as you wish. Finally, raise concerns with Managers and with your Union Representatives.

This is far too important an issue to be disregarded or overlooked. Put simply, your liberty or your life may depend on it.







NEWS

		NEWS

		01.12.07 Drowsy Drivers Tracey Graham, Partner and Head of the Personal Injury Department of Russell Jones & Walker's Manchester Office, reports on driver tiredness The pace of today's business world is frantic. Not only do we have our own designated place of work, but we may have to visit colleagues in other workplaces from time to time, and attend meetings on other premises associated with the job we do. At times, it seems that we live our lives on the road - even before the workday starts. Not for the first time do we rise at 5.30am to get to a 'breakfast' meeting at the other end of the country. So often our office can become the motorway network of the UK, and our desk the dashboard of the company car. It has become a way of life for many of us. It goes with the job. It can be exhausting and stressful, but this is what our work demands of us. Consider this, then, if you would: Driver tiredness is one of the biggest killers on our roads today. On motorways and other monotonous roads, it results in one out of five crashes. (Those at risk of morning crashes are young male drivers, whilst older drivers have a risk of crashing by mid afternoon). Department of Transport research in 2004 suggested that approximately 300 people each year are killed by drivers who fall asleep at the wheel. The same research found that 17% of road crashes that resulted in injury or death were sleep related. A worrying 67% of sleep related crashes were caused by car drivers, whilst only 32% were caused by drivers of goods vehicles. If you cause a death whilst driving in a tired state you may be charged with causing death by dangerous driving if there is sufficient evidence available. The maximum penalty for death by dangerous driving is 14 years in prison. Sobering, isn't it? Remember the case of the Selby Rail Disaster? In 2001, Gary Hart fell asleep at the wheel of his vehicle on the M62. He had not slept the night before. He lost control of his vehicle. It left the motorway, and plunged down an embankment onto the railway line. The train driver and nine other men died in the crash. You may think that it could not happen to you. However, be aware of what is termed a 'microsleep'. Nodding off for just a few seconds at the wheel of your car could be fatal. At 70 mph on a motorway, a 'microsleep' of 6 seconds could take you 200 metres, across three lanes of traffic, down a similar embankment and onto another road or rail track. Loss of life, maybe even your own, is a terrifying thought. Many factors can contribute to driver tiredness and increase the risk of being involved in a sleep-related accident. If you work long shifts, and particularly if your job involves a long journey either to or from work - particularly on a motorway - you are more likely to suffer fatigue. If part of your job involves driving anyway, then you will additionally become tired more quickly if you don't take regular breaks. What about the car you drive? These have become much quieter and more comfortable during the last decade or two. If you have cruise control, you may be much more relaxed than ever previously, thus lulling you into a false sense of comfort and security. Consider also that some medication can cause drowsiness. For example, some anti-inflammatory drugs and anti-depressants, as well as some over the counter medication, can alter your ability to remain alert and potentially impair your driving ability. It pays to remember that driving whilst tired is an offence under Road Traffic Law and either you (the driver) and/or your employer, may be liable to prosecution. So what can you do to reduce the risk of falling asleep at the wheel, and what should your employer be doing to make you safe? The Health and Safety Executive (HSE) has produced guidelines that state: "Health and Safety Law applies to on the road work activities as to all work activities and the risks should be effectively managed within a Health and Safety system." This means that if your car is supplied or used as part of your job, it is legally classed as "work equipment" under the Provision and Use of Work Equipment Regulations 1998. The Act that enables the Regulations to take effect is the Health and Safety Act 1974 and this requires employers to ensure the health, safety and welfare of employees so far as is reasonably practicable. To do this, any employer needs to identify the risk to health of excessive driving hours on their workforce. The Regulations state that Risk Assessments should identify the hazards associated with driving, and measures should be taken to reduce the risk of injury to health to the lowest acceptable level. Risk Assessments should be reviewed regularly. If the measures taken are considered insufficient, then alternative steps should be implemented. Records of the Risk Assessments should be carefully and accurately maintained. Such assessments could, and should, include the following considerations: Driver familiarity with the vehicle and the route being taken. Use of mobile phones whilst driving. Monitoring of driving incidents - as an employee, you should be encouraged to report these without fear of adverse reaction or action. Training and information requirements. This list is by no means exhaustive, but gives a flavour of what should be considered when carrying out such an assessment. Your employer also needs to raise awareness of the hazards of excessive driving with you. The point about training and information is critical. As part of recruitment, training and regular staff appraisals, your employer should remind you about the dangers of driving whilst tired. This should include the need to plan safe journeys, the need to get adequate sleep before starting a journey, how to spot early signs of fatigue and what to do if you feel tired during a journey. Your employer should also make you aware of the dangers of falling asleep at the wheel. Having assessed the risks, what measures should your employer put in place? Your employer needs to consider the safer alternatives for you. Managers should implement the use of remote communications, such as video conferencing, where possible. Your employer should set in-house limits on maximum driving distances - per day, per week or per month. There should be some element of control over your driving hours for unbroken journeys, and breaks and break locations should be planned in advance of commencing a journey. As a working rule, you should not be required to drive continuously for more than two hours without a 15 minute break, as an absolute minimum. Your employer should permit overnight stays where possible, either at the start or the end of a working day. Your employer should also be asked to consider and review shift arrangements so that you do not have to drive whilst tired. (It is proven that workers on a twelve hour shift are significantly more tired at the end of a shift than those on an eight hour shift.) Your employer should also actively discourage driving at night and in adverse weather conditions. Above all, they should adopt a reasonable policy, communicate it to you (or through your Union Representative), and apply it effectively. As a driver, you should also be aware that whilst your employer has a duty of care towards you in this type of situation so, too, must you take a reasonable and considered approach to your own work time driving. Safety is the most important thing to consider whilst driving - not how quickly you can get to your next meeting. Know what the warning signs are. Recognise when you start to feel sleepy. If you are struggling to concentrate and yawning frequently, find somewhere to rest as soon as possible. Do not fight tiredness. Winding the window down and playing the radio at full volume is not the answer! This is a temporary measure only, to assist you staying alert until you find a place to rest. Plan your route to factor in rest breaks if you need them. Also allow for congestion and unexpected hold-ups that later have you speeding to make up time rather than resting when you should. If part of a particular day's work involves driving more than two hours in each direction, consider alternative means of transport, such as trains or aeroplanes. These will allow you to rest or work during the journey, as you wish. Finally, raise concerns with Managers and with your Union Representatives. This is far too important an issue to be disregarded or overlooked. Put simply, your liberty or your life may depend on it.