Work-Related Road Safety Law in Ireland

Note: whilst every effort has been taken to ensure the accuracy of this information, readers are advised to independently check the veracity of this information and the degree to which it may apply to their own, perhaps unique circumstances, before taking any action.

There are three principle sets of law which apply to work-related road safety in Ireland:

• Road Traffic Legislation
• Health and Safety Legislation
• EU Rules on driving

1. The principle legislation covering driving on public roads is the Road Traffic Act 1961 and its subsequent amendments which are enforced by An Garda Síochána.

Although the driver is ultimately responsible for how the vehicle is driven on the public road, employers have a significant role especially in managing the driver and vehicle elements of work-related road safety. As a result work-related road safety is a shared responsibility between the employer and the employee.
 
The main pieces of health and safety legislation that apply to general work-related road safety are:
• The Safety, Health and Welfare at Work Act (No. 10 of 2005)
• The Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. 299 of 2007)
• Part X of the Safety, Health and Welfare at Work (General Application) Regulations, 1993 (S.I. No. 44 of 1993)

Note, other pieces of legislation may be applicable to specific work activities and road safety, for example, the Carriage of Dangerous Goods by Road Act and associated regulations and the Construction regulations.

2. The Safety, Health and Welfare at Work Act 2005, requires that every employer must have a safety statement. This must be based on an identification of the hazards and an assessment of the risks to the safety, health and welfare of his or her employees. When doing a risk assessment, the hazards associated with driving for work must be identified and assessed and adequate control measures must be put in place, as far as reasonably practicable, to eliminate or reduce any risks found. . The safety statement is the cornerstone of the safety management system.

In addition every employer must ensure so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.Employers have a duty of care for the safety of employees at work regardless of the type and size of the business. They also have a duty of care to others who may be affected by their work activities, which in the case of driving for work this means all other road users and pedestrians.

Employers have a duty to provide;
• A safe place of work. Under the Act, a vehicle is defined as a place of work.
• Safe systems of work, for instance for securing vehicle loads, which are planned, organised, performed and maintained.
• Instruction, information and training to their employees to ensure their safety, health and welfare. This duty extends to employees who drive for work.

The Safety, Health and Welfare at Work (General Application) Regulations, 2007  also requires statutory thorough examination of certain types of equipment such as vehicle tailboards.

Under health and safety legislation, the employer’s duty extends to ensuring that work-related journeys are safe, members of staff are fit and competent to drive safely and that all vehicles used are fit for the purpose and maintained in a safe condition.

Section 80 of the Safety, Health and Welfare at Work Act 2005 refers to the liabilities of company directors. Directors may be prosecuted under the 2005 Act following a work-related collision if they are found not to have managed safety adequately and those convicted of a breach of Health and safety regulations could face fines of up to €3 million and/or 2 years in prison.

It should be noted that in the event of a work-related road traffic incident, in general, An Garda Síochána will carry out an investigation as the Road Traffic Act is the primary piece of legislation, however, in some instances, An Garda Síochána and the Health and Safety Authority may carry out a joint investigation.

Regulation 61 of the Safety Health and Welfare at Work [General Application] Regulations, SI 44 of 1993, requires that any accident where a person is killed or injured in connection with the movement of a vehicle on any public road is notified to the Health and Safety Authority. The accident reporting conditions are detailed below;

In the case of an accident arising out of, or in connection with, the movement of a vehicle on any public road, the accident should be notified to the Health and Safety Authority if a person was killed or suffered an injury or condition as a result of—

• driving or riding a vehicle in the course of work, 

• exposure to a substance or injury from an article being conveyed by a vehicle,

• the activities of another person who was at the time of the accident engaged in, work connected with the loading or unloading of any article or substance onto or off a vehicle,

•  the activities of himself/herself or another person who was at the time of the accident engaged in, work on or alongside a road, being work concerned with the construction, demolition, alteration, repair or maintenance of—
o the road or the markings or equipment thereon;
o the verges, fences, hedges or other boundaries of the road;
o pipes or cable on, under, over or adjacent to the road; or
o buildings or structures adjacent to or over the road.”

3. EU rules on driving
If you are a bus or truck operator, you must comply with EU rules on driving time, breaks and rest periods. Under these rules, you must:

• not expect staff to drive under conditions that are unsafe or to create an unsafe environment – this means that drivers must obey the rules on driving time, breaks and rest periods and that their vehicles should be roadworthy and fit for use at all times;
• never reduce road safety by putting pressure on drivers to complete journeys in a shorter amount of time than needed or to use a truck or bus that is not properly roadworthy; 
• not enter into contracts involving schedules that could put your drivers’ safety or the safety of other road users at risk.

Further information on the EU rules on driving time, breaks and rest periods is available from the Road Safety Authority at www.rsa.ie