So what elements can be outsourced?

Having stated clearly that legal obligations relating to health and safety and duty of care cannot be outsourced, it should be added that external service providers can assist greatly in identifying and quantifying the levels of risk through structured risk assessments.

They can also recommend action plans and products to mitigate and reduce those risks. However, it remains that they cannot guarantee immunity from prosecution.

There are also computer and Internet based risk analysis tools available that can help identify risk levels and provide driver assessments. These assist in highlighting employees who may have high risk profiles by examining driving patterns and general motoring knowledge.

Some of the more sophisticated offerings can assist further by assessing and quantifying risks, identifying unacceptably high risks, suggesting potential risk mitigation policies and providing a structured framework with which to maintain detailed records.

The essential point to remember is that the company commissioning the business mileage must be seen to take all reasonable action to minimise exposure to risk. If a third party can assist in the process by providing real added value and expertise, then the company can potentially save time and money.

External verification and validation can also provide strong evidence that the company is committed to managing their health and safety responsibilities. There can be no guarantees or transfers of responsibilities though, as the company will always have a direct responsibility under law.

Companies cannot pass all the responsibility to the employees. It is not reasonable to take the view that under the Road Traffic Act and Construction and Use Regulations they bear the majority of the responsibility. Nor is it defensible to operate under the basis that in a large fleet you cannot be expected to know what all the drivers are doing all the time.

Under health and safety, duty of care, and cause or permit, the company is legally obliged to ensure business travel is safe and that both employees and other road users are not exposed to unnecessary levels of risk.

In summary, as a company commissioning business mileage it is never possible to either pass your responsibility to a third party or expect your employees to carry the full burden of responsibility.