1. LEGAL IMPLICATIONS:
Workers using their own vehicles for work purposes

2. Moderator Jerome Carslake E: jerome.carslake@arrb.com.au NRSPP Manager
ARRB Group P: E:

3. Co - Moderator
Darren Wishart Principal Professional Leader Safe Systems and Human Factors P: E:

4. Today’s presenter Tania Leiman
Associate Professor & Dean of Law College of Business, Government and Law
P : E:

5. Housekeeping
Webinar is = 45 mins
Question time = 15 mins + =

6. GoTo Webinar functions
Please type your questions here

7. Disclaimer
This webinar is intended only to provide a summary and general overview of matters of interest. It is not intended to be comprehensive nor does it constitute legal advice. The material in this webinar has been reviewed to attempt to ensure accuracy and currency, but its accuracy and currency are not guaranteed. You should seek legal or other professional advice before acting or relying on any of the material in this webinar.

8. Today’s Agenda Definitions & Context Areas of Risk Emerging Issues
Grey fleet; Worker
UK and EU
Areas of Risk
Work Health & Safety
Workers Compensation
CTP schemes
Licensing of Drivers
Liability
HVNL
Emerging Issues
Share economy
Data & privacy

9. Grey Fleet? Vehicles used by a business but not owned by the business
owned and used by workers to conduct business
hired occasionally and used for business purposes
Caroline Fall, ‘Ground breaking grey fleet survey highlights the risk to organisations’, Fleet News 21 October 2016

10. Worker?
Different definitions in different legal contexts Very expansive definition Work Health & Safety Act 2011 (Cth) s.7

11. Why should we care?
‘3,414 workers lost their lives in work-related incidents’ ‘39% of worker fatalities due to vehicle collision’ 39% = 1330 people killed + many more workers injured

12. Grey Fleet in UK & EU UK 40% of work vehicles are grey fleet
14 million grey fleet vehicles are in use
9 million vehicles are used for business journeys on a regular basis
62% of private car use is for work-related activity
Not clear whether grey fleet use in Australia is comparable

13. Grey Fleet in UK & EU UK EU
Corporate Manslaughter and Corporate Homicide Act 2007 s.1
explicit duty of care re use of any vehicle
potential statutory liability for corporate manslaughter or corporate homicide EU
European Framework Directive 89/391/EEC
Requirement to undertake risk assessment

14. Grey Fleet in Australia
No explicit legislative reference
Other existing obligations
Work Health & Safety
Workers Compensation
CTP schemes
Licensing of drivers
Common Law Negligence
Heavy Vehicle National Law

17. Work Health & Safety Vehicle as a ‘workplace’
Person conducting business has duty to ‘ensure, so far as reasonably practicable’ health & safety of workers and other persons
Implications:
Maintenance of vehicles?
Travelling times?
Safety ratings and features?
Driver training?
Monitoring devices (e.g. alcohol interlock devices)

18. Workers Compensation ‘Employment-related’ journey Implications:
Eligibility
Employer knowledge re maintenance of vehicles?
Travelling times?
Safety ratings and features?
Interaction with WHS & negligence claims?
Unsafe systems of work

19. Emerging Issues… ‘Employment-related’ journeys and ride-sharing?
What if …
… a worker
provided rideshare services to the public for fee
whilst travelling in their own vehicle
from one business location to another?

20. Questions

21. CTP schemes Schemes not nationally consistent Implications:
Eligibility
Proving fault
Employer knowledge re maintenance of vehicles?
Travelling times?
Safety ratings and features?
Interaction with WHS & WC claims?

22. Licensing of drivers
P platers, conditional licences, international drivers’ licences
Implications:
Is licence appropriate?
Is licence restricted?
Is vehicle type appropriate?

23. Questions

24. Criminal & Civil Liability
Director’s duties
Foreseeability of harm
Vicarious liability
Implications:
Assessing risk
Managing risk & taking precautions
Liability for worker’s actions
Personal & Corporate liability

25. Emerging Issues… ‘Foreseeability’ and vehicle recalls? What if …
… a business knew
their workers used their own vehicles for work purposes
and those vehicles were the subject of a vehicle recall
but recall-related fixes had not yet been carried out?

26. Emerging Issues… ‘Foreseeability’ and vehicle data? What if …
… a business required workers to keep data
about the use of their own vehicles for work purposes
and that data revealed a risk of harm?

27. Emerging Issues… Privacy and vehicle data? What if …
… a business required workers to keep data
about the use of their own vehicles for work purposes
and that data revealed
personal / confidential information about that worker?

28. Questions

29. Heavy Vehicle National Law
Chain of responsibility
‘any person who can influence or control the transport chain’
Implications:
Compliance
Vehicle standards and maintenance
Travelling times
Driver fitness
Safe practices

30. Grey Fleet Summary
Liability dependent on jurisdiction, legal context & wording of specific legislative provisions
Liability may differ across jurisdictions & contexts.
‘Workplace’ includes vehicle
Employers have duties to workers and others
Legislative definitions ‘reasonably practicable’ and ‘reasonable precautions’ can provide general guide for prospectively assessing risks of harm re grey fleet use

31. Top Take-away
Now is the time to take grey fleet issues seriously… … before they are a problem

32. Questions