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Transcript of an employers PROF¢  an employers guide management, compliance and the protection of your...

  • an employers guide management, compliance and the protection of your mobile workforce

    ®

  • The principal legislative framework is contained within the Data Protection Act 1998, the Human Rights Act 1998, the Regulation of Investigatory Powers Act 2000 and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

    There are no specific laws relating to employee monitoring.

    employer responsibility to their mobile workforce

    All employers have long since had responsibilities for the health and safety of their employees. However, now the law has been tightened further and managers of organisations must demonstrate a relevant duty of care and protection to employees or persons performing services for them.

    Failure to comply with legislation can result in heavy fines and in some cases imprisonment.

    This duty of care extends to employees who are field based, on the road, work in the community, conduct home visits, and employees who work outside normal office hours. Field based employees who work alone are often referred to as ‘lone workers’ and it is estimated that there are over 4 million lone workers in the UK (Office Of National Statistics).

    In order to comply with duty of care legislation, employers have utilised a number of business tools to ensure their workforce is protected within these guidelines. This has included the ability to monitor and review working practices and procedures.

    monitoring and employer responsibilty To date, monitoring and reporting by employers has been mainly focused towards employees who are office-based, due to direct access to fixed line, internet and email services. However, the working practices of field based employees has been more difficult to monitor effectively, until now. Two essential business assets, mobile phones and vehicles, used by mobile workers can now be monitored and their activity reported to the employer, overcoming previous difficulties and allowing the information to be used for working practices.

    Important information such as monitoring an employee‘s use of hands-free in accordance with company policy, now provides employers with a detailed and comprehensive ability to report against legislative guidelines.

    Mobile phones and vehicles are an extension of company responsibility and therefore associated with legislation related to the employee’s safety and employer’s duty of care.

    It also extends to the use of ‘grey-fleet’ vehicles, which is any vehicle that is used by an employee for making a work-related journey.

    Introduction

  • ...the use of mobile and vehicle tracking solutions from Crystal Ball provide vital information that allow employers to demonstrate a duty of care.

    By monitoring and reporting activity on business assets used by mobile workers, employers can adopt a responsible approach to the welfare of their employees, and thereby clearly demonstrate proof of legislative compliance.

    …the monitoring of employer provided business assets such as mobile phones and company vehicles by Crystal Ball, delivers critical data to support company policy and contracts of employment.

    …MobileMonitor from Crystal Ball allows employers to assess the usage of company mobile phones in real-time and therefore manage costs. In addition, MobileMonitor will report the proper use of handsfree by employees when in transit and in accordance with company policy.

    to conclude Companies are within their rights to monitor business assets and employee activity, as this ensures that they meet their duty of care and corporate responsibility to address the following legislation:

    The Working Time Directive The Equality Act 2010 Health and Safety legislation The Corporate Manslaughter Act

    The following information contained in this employers guide is a brief summary of the legal background relating to tracking and monitoring. It is intended for guidance only and does not constitute legal advice.

    MobileTrack Pro

    MobileTrack is the app that is taking journey tracking to the next generation and provides a versatile alternative to vehicle tracking.

    MobileMonitor

    A mobile phone app that reports the use of hands-free whilst driving, and goes beyond traditional itemised bills by reporting in real-time on all call and text activity.

    MobileLWP

    A giant leap forward in providing additional protection, security and information to employers for workers based out in field - especially for those who operate in potentially high risk environments.

    ®

  • Legislation

    Employers are responsible by law for their employees' welfare when they are away from their business premises for business purposes. Since April 2008, employers can now be prosecuted for Corporate Manslaughter if it can be proved that negligence in their duty of care obligations caused a death.

    what relevant legislation do employers need to be aware of?

    working time directive A company was recently fined £24,000 specifically for being unable to provide monitoring evidence when prosecuted under the directive.

    In the event of an incident occurring, an employer will be required to produce evidence that they are adhering to the ‘Working Time Directive’ and that they are properly monitoring their employees’ working hours.

    Crystal Ball has specifically developed a comprehensive ‘Timesheet report’ that directly addresses this legislation.

    Exported into Microsoft Excel, the reports allow you to adjust the time records manually to exclude breaks and periods of unavailability.

    ...with Crystal Ball‘s mobile and vehicle applications your company ensures compliance with the’Working Time Directive’ legislation, by always being able to accurately monitor your employee‘s movements.

    corporate manslaughter and corporate homicide act 2007 Employers have a corporate responsibility for the health and safety of their employees. However, now the law has been tightened and owners/directors of organisations more than ever before owe a relevant duty of care to employees or persons performing services for it.

    Where a corporate culture exists that allows dangerous practices to go unchallenged and an accident or death result, organisations and the management may now find themselves liable.

    ...Crystal Ball’s MobileTrack Pro and MobileLWP lone worker protection solutions provide employers with the technology to ensure their lone workers’ whereabouts are known during business hours, and that they can instantly notify the appropriate contacts or authorities in an emergency.

    Current European legislation, overseen by the Health and Safety Executive within the UK, defines that an employee must not work more than 60 hours in a single week or an average of 48 hours per week over a rolling 17 week period. It also states that employees should have a minimum of an 11 hour rest period in each 24 hour period. Night workers are strictly limited to eight hours work within a 24 hour period. These allowances cover not just time spent working but also include time spent travelling.

  • health and safety (offences) act 2008 This Act, which came into force in January 2009, increases the penalties against those who break health and safety law and provide courts with greater sentencing powers. However, unlike the Corporate Manslaughter and Corporate Homicide Act a breach of health and safety rules will not have to result in a death.

    The Health and Safety (Offences) Act 2008 extends the £20,000 maximum Magistrates' Court fine to a wider range of health and safety offences for which fleet managers and fleet decision- makers, including directors, could be prosecuted for, and face up to two years in a prison, if convicted in a Crown Court, a fine or both.

    Prior to the 2007 Act, it was often difficult to identify responsibility within an organisation as to who directly contributed by way of management failure to accidents or even the death of an employee. Now, without appropriate systems in place, employers and managers risk the threat of prosecution for any offences that occur.

    ...Crystal Ball’s live web based tracking gives customers the information at their fingertips to successfully manage risk, providing tangible proof of ongoing commitment to their duty of care responsibilities. The system provides all the relevant information necessary to ensure compliance with an employer’s duty of care responsibilities on vehicle usage, servicing schedules, driver behaviour, journey reporting, incident reporting, and other information.

    ...Crystal Ball isn’t just an effective business tool for fleet and HR managers, it’s a necessary tool minimising risk for employers and senior management.

    driving at work With up to one third of all UK road traffic accidents involving somebody who is at work at the time, the Health & Safety at Work Regulations 1999 forms part of the guidelines designed to minimise risk to employees by work related driving activities.

    Work related road safety can only be effectively managed if it is integrated into an employer’s health and safety at work arrangements and effectively monitored. Elements such as mobile phone hands-free policy, vehicle safety, driving durations and hours of work all have to be reported against in order to comply with legislation.

    ...MobileMonitor from Crystal Ball, will alert and report on the use of hands-free by an employee. Although it is not illegal to drive and make