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The Health and Wellbeing Standard
The Protection of Children Standard
This chapter was added in November 2022.
Benecare has a duty to provide employees with a safe and healthy working environment, to manage and assess any risks to them, and ensure as far as is reasonably practical that employees do not place at risk or harm any members of the public, colleagues, or children through work related driving activities; and this policy has been created in order to help fulfil these obligations.
To maintain all company owned and operated vehicles in a safe, clean and roadworthy condition to ensure the maximum safety of the driver, occupants, and other road users at all times. To ensure that staff driving company vehicles (which includes hire vehicles) and private vehicles on company business demonstrate safe driving and other good road safety habits at all times when driving. To ensure that Benecare and its employees comply with all of the obligations imposed on them by law.
The following non exhaustive list of actions will constitute gross misconduct:
Ensure they hold a current driving licence for the class of vehicle they are driving.
Immediately notify their supervisors or managers if their driving licence has been suspended or cancelled or has had limitations or endorsement placed upon it.
Be responsible and accountable for their actions when operating company vehicles.
Display the highest level of professional conduct when driving motor vehicles.
Practise anticipatory and defensive driving techniques.
Drive within the legal speed limits and take into account road conditions.
Always wear a seat belt.
Not carry any unauthorised passengers when driving company vehicles, and under no circumstances may they pick up any hitchhiker.
Report vehicle defects to a supervisor or manager before the next vehicle use. In the event that a defect is suspected, staff should not risk attempting to drive the vehicle.
Have regular eyesight tests and ensure that any glasses or contact lenses required for driving are always worn.
Comply with all traffic legislation when driving a company vehicle.
Regularly check the oil, water, brake fluid and tyre pressure of company vehicles they regularly use, particularly before long journeys. If staff are unsure of how to complete these checks, they should seek advice from a colleague. Any anomalies found (for example excessively low fluid/ oil levels) should be reported to the line manager and a decision made regarding the road worthiness of the vehicle.
Report any near misses, crashes, and damage to vehicles (however minor) to their manager, including those which do not result in injury.
Follow the accident procedure outlined in this policy.
Read any updates that the Company may periodically issue on road safety matters. These will include information on good practice as well as forthcoming legal changes which affect those who drive for work. In addition all drivers on Foundation business must:
Employees are also responsible for ensuring that they are physically fit to drive. Should this change, their line manager must be informed as soon as possible. Drivers should remember that some prescription drugs can cause drowsiness and affect their ability to drive safely. In the event that medication is necessary, employees should check with their GP or pharmacist before driving, even for short distances. As research suggests that a journey time of more than four hours could carry a risk of Deep Vein Thrombosis (DVT), those who drive regularly for long distances should advise Benecare of any family history of DVT, or if they have ever experienced blood clotting. Where this is the case, Benecare will refer them to their GP in order to ensure that they are able to drive safely and without risk to their health and safety.
The employer will not require staff to drive under conditions which are unsafe and/or likely to create an unsafe environment, physical distress, fatigue, etc. The employer will do this by:
Ensuring that all vehicles are road worthy; much of this will be dependent on prompt fault reporting, by users, to the maintenance department.
Carrying out a full service on all vehicles every six months or 10,000 miles, whichever is sooner, or according to manufacturers' recommendations
Following the maintenance schedule in the vehicle's manual
Checking drivers’ driving licences and vehicles’ MOT certificates and insurance on an annual basis.
Requiring drivers to take 15 minute breaks every two hours of driving.
Requiring a driver not to start or continue a journey if they are tired.
Mobile phones can cause distractions by:
Causing drivers to take their hands off the wheel.
Encouraging drivers to concentrate on communication and not the road.
It is against the law for any driver to use a hand-held mobile phone while driving, which includes when the vehicle is stationary but with the engine still running (except where making a 999 call and it is unsafe to stop). Any contravention of this whilst driving on Company business may be treated as gross misconduct. It is within the law to make and receive calls where a legally compliant hands-free kit is properly installed. Even so Benecare believes that the use of a hands-free kit remains a distraction whilst driving. Employees should take care to adhere to the following rules, even where a hands-free kit is installed:
Do not make any calls, dial numbers, text message, surf the internet, or take pictures whilst driving.
Pull over to the side of the road when it is safe and turn off the engine before making or answering a call.
Immediately stop your vehicle at the scene or as close to it as possible, making sure you are not obstructing traffic. Ensure your own safety first. Help any injured people and call for assistance if needed.
Try to get the following information:
Details of the other vehicle(s) and registration number(s)
Name and address of the other vehicle owner(s) and driver(s)
Name and address of any witness(es)
Name of insurer(s) Give the following information:
Your name and address and company details
If you damage another vehicle that is unattended, leave a note on the vehicle with your contact details Contact the police:
If there are injuries
If there is a disagreement over the cause of the crash
If you damage property other than your own
If there is damage to the company vehicle Report the crash to your manager as soon as you can.
There is a car accident report form which should be used in the event of an accident. Please forward this to your line manager and the Responsible Individual once completed.
Any accidents that involve harm to staff, passengers or children must include a staff and child accident report that must be shared with your line manager and the child’s social worker.
Any serious accidents must be reported to Ofsted via Reg 40 procedures.
All accidents that occur when travelling with children and young people in the car must be reported to your line manager.
An accident form must be completed even if there is no harm to the child.
This accident report must be shared with the child’s social worker and or parents if required.
Serious accidents must follow with a child being assessed at the local medical centre or A&E for immediate attention. 999 are to be called if you feel the child’s life is at risk and you need immediate medical attention.
Any serious injuries are to be notified via RIDDOR.
Serious accidents are to be notified to Ofsted via Regulation 40.
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