A number of employees who drive their own cars for business purposes could be putting themselves and their employers at risk of court proceeding the minute they turn the key.

Workers are expected to comply with management requests for information which allows the companies to implement effective, relevant policies.

Some employees are apparently reluctant to share data relating to their vehicles when it is sought.

The Health and Safety at Work Act requires employees to take reasonable care for the health and safety of themselves and others who may be affected by their acts or omissions at work, and co-operate with their employer or any other person, so far as is necessary, to enable their employer or other person to comply with any requirement or duty imposed under a relevant statutory provision.

Employees could therefore be subject to legal action in the event of an accident, for example, if they have not passed on information.

Businesses with five or more employees must have documented, accessible policies regarding use of vehicles for business purposes. They must also demonstrate employee awareness of and compliance with these policies.

Actions, areas and issues to feature in vehicle-related policies include driving licences to be photocopied and checked on six-monthly basis for any endorsements; correct insurance, including use for business – copy of the certificate to be kept on file and updated upon policy renewal; all vehicles must have current MoTs – employees need to supply certificate to employers so they can be copied, kept on file and checked for renewal; and roadworthy vehicles – employers need to monitor the service and maintenance records to ensure the vehicles are in good working order.

Employers should also consider other measures to reduce risk. They might look to support their employees by offering driver training to all who drive for business, whether at the wheel of a company or own vehicle; raising awareness of changes to regulations, for example the use of mobile phones; logging all accidents to identify trends and develop solutions to counter them; and keeping employees abreast of developments in safety features, and pointing out the financial implications of vehicles which are too old to comply with the latest emission standards

Employees and employers must work together to ensure compliance with legal requirements or face the potential prospect of prosecution.

n Fergal Dowling is from Irwin Mitchell