State Indemnity & Driving for Work - Motor Guidance · State Claims Agency, Treasury Building,...

State Indemnity & Driving for Work - Motor Guidance

Driving for Work Seminar

SCA Enterprise Risk Management Network 6th July 2015

© State Claims Agency 2015

This document has been provided solely for use by delegated State authorities that come within the remit of the State Claims Agency (as established by the National Treasury Management Agency (Amendment) Act, 2000). The State Claims Agency does not bear

responsibility for use of this document or reliance on it in any manner by any other third party.

Table of Contents 1. SIG-04 Delegated State Authority Vehicles…………………………………..………………… 1

2. SIG-05 Use of Private Vehicles for Work…………………………………..………………….… 3

3. Sample Vehicle Confirmation Statement………………………………………..……………… 5

4. Sample Hire Vehicle Form…………………………………………………………….………………… 7

5. Sample National Incident Report Form (NIRF) – Crash/Collision………….………..… 9

6. Sample Driving for Work Policy……………………………………………………..……………… 13

Please contact your local insurance/risk manager where designated or alternatively,

the SCA directly via [email protected] to obtain a copy of these documents.

This page has been intentionally left blank.

State Claims Agency, Treasury Building, Grand Canal Street, Dublin 2 SCA-SIG-04-01 T: (+353 1) 238 4900 | [email protected] | www.stateclaims.ie

STATE INDEMNITY GUIDANCE 04: DELEGATED STATE AUTHORITY VEHICLES

a) What is a Delegated State Authority vehicle?A Delegated State Authority (DSA)

1 vehicle, for the

purposes of State Indemnity2 is a vehicle which is registered

in the name of the DSA or is in the DSA’s custody and control. This includes hire vehicles but does not include private

3 vehicles owned by employees or other third parties

e.g. contractors, clients, charities, clubs, associations, etc.

This guidance document should be read in conjunction with

SIG-01 State indemnity as operated by the SCA;

SCA-AF-01: SI vehicle confirmation: DSA vehicles.

b) What cover is provided?State indemnity applies in respect of any claims for personal injury (including those to passengers, service users, the public and employees) and third party property damage associated with authorised use of DSA vehicles on approved DSA business. In comparison with commercial insurance this is similar to that of third party only cover.

c) What is considered authorised use of a DSA vehicle?DSA vehicles should not be used for social, domestic or pleasure purposes. Management approval must be obtained, where there is uncertainty over whether or not an activity is that of business use.

d) Who can drive a DSA vehicle?Employees, servants and/or agents of a DSA who are authorised by local management can drive registered DSA vehicles. Please see section (f) for further information.

Those persons on contracts of service (where the DSA not

only directs them as to what to do but also how to do it) can drive DSA vehicles once:

DSA management approval in accordance with DSApolicy is received;

Driving for work is included in the terms of theiremployment contract.

Therefore this includes agency and temporary staff but does not include external contractors on a contract for service hired by the DSA to perform a specific task e.g. construction works, utility maintenance, etc.

It is not recommended that volunteers or students be permitted to drive DSA vehicles, please contact the SCAs Enterprise Risk Management Section (ERMS) to discuss further. Drivers are not named on an individual policy, as per commercial insurance; they are approved by management as per DSA procedures.

e) What are the drivers’ responsibilities?DSA drivers must have appropriate, current and valid license(s) for the vehicle(s) they drive. While driving on DSA business, if an employee breaches the Road Traffic Act(s), any associated driving penalties

5 affect the drivers’

personal licence. As per local DSA driving policy, employees should inform their DSA of any driving penalties incurred.

f) DSA risk management best practiceBoth DSA and employee must adhere to the requirements of the Road Traffic Act(s); Safety, Health and Welfare at Work Act, 2005 and application of the common law duty of care, which all apply to driving as a work activity.

The State Claims Agency (SCA) would advise that all DSAs implement or update their local “Driving for Work” policy (please contact SCA for a sample) to include the following (non-exhaustive) list of risk management controls:

A procedure for approval and authorisation ofemployees to use a DSA vehicle for work relatedbusiness should be maintained by DSA management;

A procedure to ensure that drivers have the correctlicence for the vehicle being driven. Certain categoriesof vehicles require a Driver Certificate of ProfessionalCompetence (see www.rsa.ie for further information);

Systems to guarantee only competent and appropriatepersonnel are allowed to drive DSA vehicles; thisshould include criteria for driver selection;

A maintained register of authorised vehicles. This mayalready be in place for asset management purposes;

A maintained logbook of dates the vehicle is in use.Typically, a mileage log is kept in the vehicle;

A risk assessment for driving for work activities. Thisshould be carried out to identify appropriate controlmeasures. Controls may include;o Providing instruction, training and information

such as a driver’s handbook;o Implementing purchasing controls to ensure that

the vehicles are fit for purpose;o Regular inspection, servicing and maintenance of

DSA vehicles (records must be maintained);o Provision of safety and personal protective

equipment (e.g. reflective ppe, traffic cones etc.);o Promoting good driver behaviour and the safe

scheduling and planning of journeys.

It is not necessary to complete a risk assessment forevery unique journey. Risk assessments can beconducted for groups of employees to identify thosewho are at higher risk due to the duration, frequencyof journey, carriage of passengers or goods, etc.;

For guidance on reporting motor incidents, pleasecontact the SCAs ERMS via [email protected];

Develop a driving for work checklist for your activities;

Further information on driving for work including adriving for work checklist is available on www.rsa.ie

g) When should you contact the SCA?The SCA do not require notifications or updates on new vehicles acquired, nor do we hold details on individual drivers. If you are uncertain as to whether SI applies or if you require risk management guidance, please contact your local insurance/risk manager where designated or alternatively the SCAs ERMS directly via [email protected]

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http://www.rsa.ie/

mailto:[email protected]

http://www.rsa.ie/



1- Delegated State Authority (DSA) - refers to all bodies delegated to the SCA including: State authorities, State agencies, healthcare enterprises, community & comprehensive schools and prisons.

2- State Indemnity (SI): Indemnity is a protection against possible damage or loss, typically a promise of payment should damage or losses occur. SI is given to State authorities by the State, to compensate third parties or individuals for any losses that incur as a result of the activities of the State (or State body), where the State has been negligent by act or omission.

3- Private in this instance refers to vehicles owned and insured by an employee of the DSA. For guidance on an employee’s vehicle, refer to SIG-05: Use of employee vehicles for work.

4- Driving penalties - This includes motoring offences that attract penalty points (see www.rsa.ie), fines, endorsements of a driving licence and driving disqualification.

h) Can an employee drive a vehicle on approved DSAbusiness when the vehicle is not owned by the DSA?

This is not recommended unless a formal agreement is in place. The SCA advise that all vehicles utilised by a DSA be their own property (i.e. registered in the DSAs name). In situations where a DSA uses a third party vehicle e.g. charity or voluntary organisation on a permanent basis, if it is the case that ownership cannot be changed over and the DSA wishes to continue with the arrangement, a formal agreement must set out the terms and conditions of use. Please contact the SCAs ERMS via [email protected] for advice. This does not apply to emergency situations where a DSA employee may be required to drive a third party vehicle without prior agreement (e.g. An Garda Síochána, Ambulance Service, Defence Forces etc.).

i) Does State indemnity extend to hire or lease vehicles?The information contained in this section should be used in conjunction with SCA-AF-02: State indemnity confirmation: hire vehicle approval form.

Yes, once approved by DSA management, State indemnity applies to a hire vehicle in the same way as it does to a DSA vehicle. A formal agreement should be in place between the vehicle provider and the DSA. A register containing details of each individual hire vehicle must also be maintained by the DSA. The information contained in SCA-AF-02: State indemnity confirmation: hire vehicle approval form can be used to inform this register. SCA-AF-02 should be signed by an appropriate DSA representative.

Please contact your local insurance/risk manager where designated or alternatively, the SCA directly via [email protected] to obtain a copy of SCA-AF-02.

j) Are there restrictions on carrying goods/equipment?No, provided a risk assessment is completed and the appropriate controls are in place e.g. manual handling. The carriage of certain goods is governed by the “European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)” (e.g. chemicals, gases, vaccines) etc. If this arises, please contact your DSA dangerous goods advisor or the SCAs ERMS for advice.

k) Any restrictions on where vehicles can be parked?DSA vehicles should be parked in a secure location on the DSA’s property when not in use. Situations may arise where employees need to park a DSA vehicle at their own home. The decision to allow this is for DSA management. Any damage that might occur as a result of this practice is likely to be borne by the DSA. Management should consider this risk before granting approval. Employees must be made aware that vehicles may only be used for authorised work related business and therefore not for private purposes.

l) Can we transport passengers in a DSA vehicle?Yes, as part of DSA business activities. You should develop risk assessments which take account of task related risks e.g. child protection issues; control and restraint etc. The decision to transport service users (e.g. children, clients, family etc.) in a DSA vehicle should be based on business needs and a consideration of the risks involved together with the capabilities of each individual service user.

m) Can you drive a DSA vehicle in the United Kingdom(UK) including Northern Ireland (NI)?

Yes, State indemnity applies in NI and the UK.

n) Can you drive a DSA vehicle in the rest of Europe?The SCA would advise that this is kept to specialised vehicles only. Please contact the SCAs ERMS before undertaking such trips.

o) If I have a traffic accident in a DSA vehicle will it affectmy personal motor insurance premium?

Excluding driving penalties and criminal offences for breach of the Road traffic Act(s), if you have an accident in a State vehicle this does not affect your personal motor premium. However if your insurer asks if you were involved in a driving incident, you should answer truthfully and provide the relevant details. The SCA do not provide details of motor claims or driver history to commercial insurers, as these records should be maintained locally by the DSA.

p) Does State indemnity cover damages to DSA vehiclesor offer breakdown assistance?

No, State indemnity does not cover damages including wear and tear repairs or offer access to a breakdown assistance service. It is a matter for the DSA to put in place their own arrangements for the repair, replacement and breakdown of DSA vehicles, including that to windscreens.

q) How are DSA vehicles taxed?In the first instance, please refer to individual DSA procedures on how motor tax is arranged. State indemnity is not like conventional insurance; it is enshrined in legislation and therefore will not have a policy number or an expiry date. However, when using Motor Tax Online, these fields are mandatory. The SCA is named on the list of insurers on this system. Therefore, when renewing DSA vehicle motor tax online, please use the following steps:

Insurance Company (not broker): STATE CLAIMS AGENCY

Expiry Date: Day/Month/Year - 1 year from date of renewal

Policy Number: SCA0000

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STATE INDEMNITY GUIDANCE 05: USE OF PRIVATE VEHICLES FOR WORK

a) What is driving for work using a private vehicle? The employee will be attending to official DSA

1 business,

using their own private vehicle, having pre-received management approval. Typically, for work related use, an employee will receive payment for expenses, such as travel and subsistence during the period of use. This does not include commuting to and from their normal place of work. This guidance document should be read in conjunction with

SIG-01 State indemnity as operated by the SCA;

SCA-AF-01: SI confirmation: DSA vehicles. b) What cover is provided? State Indemnity

2 applies to DSA negligence in respect of

driving for DSA business. An employee is responsible for their own insurance, as State indemnity cannot be extended to cover an individual’s negligence although they are using their own private

3 vehicle for work purposes.

c) What is required of the employee? Prior to driving for work, employees using privately owned vehicles on work related business must contact their motor insurance provider and inform them that they will be driving for work. Their motor insurer will ask them to indicate the extent to which they will be using their vehicle for work and whether or not they will be carrying goods or passengers. This may affect their policy arrangements. The employee can then confirm to their DSA, that they have secured appropriate motor insurance before driving. Please refer to the Department of Finance: Circular 11/82: Travelling and subsistence or HSEs National Financial Regulation, Travel and Subsistence, NFR 5 for further detail. d) What happens following a motor accident? In the event of an accident while the employee is driving their private vehicle on DSA business, any subsequent claim will depend on the circumstance of the case and who was the negligent party. For instance, if a third party caused the accident, their motor cover applies or similarly if there was negligence on the part of the DSA employee, then their personal motor insurance applies. The matter is then dealt with by the individual insurers. e) What should happen in the event of a driving penalty

5?

While driving on DSA business, if an employee is found to have breached the Road Traffic Act(s), any associated driving penalties affect the drivers’ personal licence. It is also a matter for the employee to inform their insurance company of any driving penalties or of any accidents that occur. As per DSA policy and procedure, employees may need to inform their employer of driving penalties incurred.

f) DSA risk management best practice Both DSA and employee must adhere to the requirements of the Road Traffic Act(s); Safety, Health and Welfare at Work Act, 2005 and application of the common law duty of care, which all apply to driving as a work activity. The State Claims Agency (SCA) would advise that all DSAs implement or update their local “Driving for Work” policy (please contact SCA for a sample) to include the following (non-exhaustive) list of risk management controls:

A procedure for approval and authorisation with regard to use of privately insured vehicles for work purposes by employees should be maintained by the DSA;

A formal process to ensure that the driver is competent i.e. holds an appropriate full licence, conduct a penalty point check etc.;

Formal processes in place to inform employees of the requirement to have appropriate insurance in place. DSA should verify that employees have adequate insurance cover and have this reviewed on an annual basis (see section (c));

Maintained register of all private authorised drivers.

A risk assessment for driving for work activities. This should be carried out to identify appropriate control measures. Controls may include; o Promoting good driver behaviour and the safe

scheduling and planning of journeys; o Providing instruction, training and information

such as a driver’s handbook.

g) Employee risk management best practice

The owner of the vehicle must ensure it is certified as “road worthy” in order to comply with the Road Traffic Regulations; while also ensuring that a valid National Car Testing (NCT) and tax certificate is obtained;

It is not necessary to complete a risk assessment for every unique journey. Risk assessments can be conducted for groups of employees to identify those who are at higher risk due to the nature, duration, frequency of journey, carriage of passengers or goods;

Develop a driving for work checklist for your activities;

Further information on driving for work including a

driving for work checklist is available at www.rsa.ie

h) Can employees transport third parties in their vehicles?

Yes, the DSA should develop risk assessments which take account of task related risks e.g. child protection issues; control and restraint, etc. The decision to transport service users (e.g. children, clients, family members) in a private vehicle should be based on a consideration of the risks involved and the capabilities of each individual service user. 1- Delegated State Authority (DSA): refers to all bodies delegated to the SCA including: State authorities, State agencies, healthcare enterprises, community & comprehensive schools and prisons.

2- State Indemnity (SI): Indemnity is a protection against possible damage or loss, typically a promise of payment should damage or losses occur. SI is given to State authorities by the State, to compensate third parties or individuals for any losses that incur as a result of the activities of the State (or State body), where the State has been negligent by act or omission.

3- Private in this instance refers to vehicles owned and insured by an employee of the DSA - For information on vehicles on hire or lease by a DSA, please refer to SIG-04 DSA vehicles

4- Driving penalties: this includes motoring offences that attract penalty points (see www.rsa.ie), fines, endorsements of a driving licence and driving disqualification.

5-

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http://www.stateclaims.ie/

SCA-AF-01-01

SCA-AF-01: STATE INDEMNITY CONFIRMATION: DSA VEHICLE

APPROVAL FORM

To be used by Delegated State Authorities in registered DSA vehicles only

In Ireland, it is compulsory to have a motor insurance policy which complies with the terms of the Road Traffic Act

1961 and subsequent European Union Regulations and Directives. Part VI of the Road Traffic Act states that the

compulsory insurance of mechanically propelled vehicles, does not apply to State vehicles.

State indemnity refers to all bodies delegated to the State Claims Agency (SCA) under the National Treasury

Management Agency (NTMA) (Amendment) Act, 2000 and subsequent orders. The term Delegated State Authorities

(DSAs) refers to all State authorities, State agencies and healthcare enterprises named in these orders and therefore

indemnified with respect to the authorised use of DSA vehicles for DSA business. A DSA vehicle for the purpose of

State indemnity is a vehicle which is registered in the name of the DSA or is in the DSA’s custody and control.

This document, SCA-AF-01: State indemnity confirmation: DSA vehicle is provided in lieu of a conventional insurance

disc and should be placed in each vehicle owned by a DSA. SCA-AF-01 confirms the DSA drivers indemnity

arrangements and should be referred to in the case of an accident or if requested by An Garda Síochána.

State indemnity cannot be extended to cover privately owned vehicles. DSA vehicles are indemnified for work

related business only, they should not be used for social, domestic or pleasure purposes.

SCA-AF-01 should be used in conjunction with SCA-SIG-04: Delegated State Authority vehicles and SCA-SIG-05: Use

of private vehicles for work which can be found at www.stateclaims.ie along with further information and

guidance.

State indemnity will not apply in the event of unauthorised use of this statement.

The SCA do not issue individual confirmation of State indemnity for each DSA vehicle. These approval forms are managed and distibuted by the DSA.

The SCA recommend the following procedure:

1. Appoint an appropriate person to complete the Certificate of Indemnityfor each vehicle in your DSA’s fleet.

2. Maintain a log of each certificate issued.3. Place a copy of the certificate in each vehicle.

Certificates are not required to be re-issued annually.

Re-issue will only be required on the SCA’s direction.

STATE CLAIMS AGENCY STATE INDEMNITY CONFIRMATION

Vehicle Owner:

Vehicle Registration:

Local Vehicle Indemnity Confirmation Number:

Indemnity This is to certify that the legal owner of this vehicle and the authorised driver thereof, are indemnified by the State in respect of personal injury and third party property damage claims against either party, consequent upon the authorised use of the vehicle.

Director SCA State Claims Agency, Treasury Building, Grand Canal Street, Dublin 2 Phone: +353 1 238 4900 Email: [email protected]

Fold

Here

INSTRUCTIONS

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State Claims Agency, Treasury Building, Grand Canal Street, Dublin 2 SCA-AF-01-01 T: (+353 1) 238 4900 | [email protected] | www.stateclaims.ie

What you should do in the event of an accident

IN THE EVENT OF AN ACCIDENT

Switch off your engine, apply handbrake and leave your key in the ignition;

Switch on your hazard warning lights;

Use hazard lights, reflective advance-warning triangle, high visibility vest, torch as required;

If vehicle is on fire leave the vehicle immediately;

Do not move injured passengers unless they are in immediate danger;

Give first aid if required; If vehicles are blocking the

roadway or posing a danger to other road users, the roadway should be marked and the vehicle should then be removed as soon as possible. Take care when moving damaged or broken-down vehicles;

Make every effort to warn oncoming traffic of the accident. Where the breakdown occurs near a bend give warning to traffic on both sides of the bend;

Leaking fuel from a crashed vehicle is dangerous, so be careful approaching any vehicle after an accident;

Stand clear of the vehicle; Move passengers to a safe

location. No-one should stand between the vehicle and oncoming traffic;

Ensure the vehicle is roadworthy before planning to continue any journey;

Proceed to emergency station for breakdown on a motorway.

If safe to do so, you must stop your car and remain at the scene of the accident for a reasonable time.

All accidents involving State vehicles should be reported to An Garda Síochána. Where there are no injuries involved the Gardaí may not attend the scene. However, they may give you guidance on the course of action to take.

At the scene, employees should take the following details from a third party: o Name/address/phone number of the driver; o Name/address/phone number of the car owner, (if different to the driver); o Make/model/registration number; o Motor insurance details (including expiry date of the policy).

The DSA employee should provide the following details to the third party: o Name/work address/work phone number of the employee; o Make/model/registration number; o Motor insurance (indemnity) details which are as follows: State indemnity as

provided by State Claims Agency, Treasury Building Grand Canal Street, Dublin 2 or phone (01) 238 4900.

Get the names, addresses and telephone numbers of any witnesses present, as these may be required if there is a dispute as to liability.

Take photos of the scene of the accident if you have a camera. These should include photos of the cars before they are moved.

You should obtain the name and number of the Garda to whom the accident is reported.

Do not admit liability at the scene of an accident. Even when one feels that you may be at fault, you should politely assist the other driver (particularly where injured). Then exchange particulars and indicate to the other driver that you are going to report the matter to the State Claims Agency (SCA) and their queries should be directed to them thereafter. At no stage should you enter into negotiations or advise the third party on liability issues.

Within 24 hours of an accident, an employee should complete an accident report form. Driver statements should be taken and forwarded to the Health & Safety Section (or appropriate section in your DSA) together with the completed accident report form, photographs, sketch and other relevant information.

DSAs that have direct access via NIMS can submit incident reports online;

DSAs without access to NIMS may submit incident reports as per their local incident reporting policy. A hard or softcopy of your own incident report form or alternatively the National Incident Report Form (NIRF) located on the SCA website, can be forwarded to the SCA by email or post. The report can then be sent to [email protected] or the postal address below preferably within 48 hours.

The SCA will then manage any subsequent claims as appropriate. Note: Where there is no third party involvement or in cases where the DSA is fully liable, the DSA is responsible for the repair of their own vehicle as per local procedures.

Please refer to the Road Safety Authority website for more details.

LOCAL ARRANGEMENTS

Carry out a vehicle pre-check before using the vehicle;

Before setting off, always plan your route and check for weather and traffic updates;

Always wear your seatbelt;

Do not use mobile phones or similar hand held devices while driving;

Take breaks when on long journeys;

Do not take irresponsible risks such as tailgating, exceeding speed limits, undertaking or jumping red lights;

In severe weather conditions [rain, fog, high winds, ice or snow], switch on your lights and slow down or even cancel your journey.

Insert summary details relevant to your DSA here

Page 6


SCA-AF-02-01

SCA-AF-02: STATE INDEMNITY CONFIRMATION: HIRE VEHICLE

APPROVAL FORM

To be used by Delegated State Authorities in hire vehicles only

In Ireland it is compulsory to have a motor insurance policy which complies with the terms of the Road Traffic Act

1961 and subsequent European Union Regulations and Directives. Part VI of the Road Traffic Act states that the

compulsory insurance of mechanically propelled vehicles, does not apply to State vehicles.

State indemnity refers to all bodies delegated to the State Claims Agency (SCA) under the National Treasury

Management Agency (NTMA) (Amendment) Act, 2000 and subsequent orders. The term Delegated State Authorities

(DSAs) refers to all State authorities, State agencies and healthcare enterprises named in these orders and therefore

indemnified with respect to the authorised use of DSA vehicles for DSA business. State indemnity applies to a hire or

lease vehicle in the same way as it does to a DSA vehicle. Once approved by DSA management, this document, SCA-

AF-02: State indemnity confirmation: can be provided in lieu of a conventional insurance disc and should be placed in

each vehicle hired or leased from an approved vehicle supplier. SCA-AF-02 confirms the DSA drivers insurance

arrangements and should be referred to in the case of accident or if requested by An Garda Síochána.

A vehicle hire company may request confirmation of indemnity/insurance from the DSA. A copy of SCA-CS-01: State

indemnity confirmation statement can be provided in lieu of an insurance policy. A register containing the following

details in respect of each individual hire vehicle should also be maintained by the DSA.

Hire vehicle details Name of DSA

Vehicle hired from (Supplier)

Manufacturer and model

Registration number

Authorised driver 1

Authorised driver 2

Authorised driver 3

Date and time of hire commencement

Date and time of hire conclusion

This document should be used in conjunction with SCA-SIG-04: Delegated State Authority vehicles which can be

found at www.stateclaims.ie along with further information and State indemnity guidance.

Please ensure that this document is removed from hire vehicle and filed appropriately following hire conclusion.

DSA Approver:

DSA Driver:

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State Claims Agency, Treasury Building, Grand Canal Street, Dublin 2 SCA-AF-02-01 T: (+353 1) 238 4900 | [email protected] | www.stateclaims.ie

What you should do in the event of an accident

IN THE EVENT OF AN ACCIDENT Switch off your engine, apply

handbrake and leave your key in the ignition;

Switch on your hazard warning lights;

Use hazard lights, reflective advance-warning triangle, high visibility vest, torch as required;

If vehicle is on fire leave the vehicle immediately;

Do not move injured passengers unless they are in immediate danger;

Give first aid if required; If vehicles are blocking the roadway

or posing a danger to other road users, the roadway should be marked and the vehicle should then be removed as soon as possible. Take care when moving damaged or broken-down vehicles;

Make every effort to warn oncoming traffic of the accident. Where the breakdown occurs near a bend give warning to traffic on both sides of the bend;

Leaking fuel from a crashed vehicle is dangerous, so be careful approaching any vehicle after an accident;

Stand clear of the vehicle;

Move passengers to a safe location. No-one should stand between the vehicle and oncoming traffic;

Ensure the vehicle is roadworthy before planning to continue any journey;

Proceed to emergency station for breakdown on a motorway.

If it is safe to do so, you must stop your car and remain at the scene of the accident for a reasonable time;

All accidents involving State vehicles should be reported to An Garda Síochána (AGS). Where there are no injuries involved the Gardaí may not attend the scene. However, they may give you guidance on the course of action to take.

At the scene, an employee should take the following details from the third party: o Name/address/phone number of the driver; o Name/address/phone number of the car owner, (if different to the driver); o Make/model/registration number; o Motor insurance details (including expiry date of the policy).

The DSA employee should provide the following details to the third party: o Name/work address/work phone number of the employee; o Make/model/registration number; o Motor insurance (indemnity) details which are as follows: State indemnity as

provided by State Claims Agency, Treasury Building Grand Canal Street, Dublin 2 or phone (01) 238 4900.

Get the names, addresses and telephone numbers of any witnesses present as these may be required if there is a dispute as to liability.

Take photos of the scene of the accident if you have a camera. These should include photos of the cars before they are moved.

You should obtain the name and number of Garda to whom the accident is reported.

Do not admit liability at the scene of an accident. Even when one feels that you may be at fault, you should politely assist the other driver (particularly where injured). Then exchange particulars and indicate to the other driver that you are going to report the matter to the State Claims Agency (SCA) and their queries should be directed to them thereafter. At no stage should you enter into negotiations or advise the third party on liability issues.

Within 24 hours of an accident, an employee should complete an accident report form. Driver statements should be taken and forwarded to the Health & Safety Section (or appropriate section in your DSA) together with the completed accident report form, photographs, sketch and other relevant information.

DSAs that have direct access via NIMS can submit incident reports online;

DSAs without access to NIMS may submit incident reports as per their local incident reporting policy. A hard or softcopy of your own incident report form or alternatively the National Incident Report Form (NIRF) located on the SCA website, can be forwarded to the SCA by email or post. The report can then be sent to [email protected] or the postal address below preferably within 48 hours.

The SCA will then manage any subsequent claims as appropriate.

Note: Where there is no third party involvement or in cases where the DSA is fully liable, the DSA is responsible for the repair of their own DSA vehicle, as per local procedures.

Please refer to the Road Safety Authority website for more details.

DRIVING SAFELY

Carry out a vehicle pre-check before using the vehicle;

Before setting off, always plan your route and check for weather and traffic updates;

Always wear your seatbelt;

Do not use mobile phones or similar hand held devices while driving;

Take breaks when on long journeys;

Do not take irresponsible risks such as tailgating, exceeding speed limits, undertaking or jumping red lights;

In severe weather conditions [rain, fog, high winds, ice or snow], switch on your lights and slow down or even cancel your journey.

State indemnity will not apply in the event of unauthorised use of this statement.

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© State Claims Agency 2015 This form has been provided solely for use by delegated State authorities that come within the remit of the State Claims Agency (as established by the National Treasury

Management Agency (Amendment) Act, 2000). The State Claims Agency does not bear responsibility for use of this from or reliance on it in any manner by any other third party.

NATIONAL INCIDENT REPORT FORM (NIRF) NIRF - 02 CRASH/COLLISION NIMS record no.:

DSA NIRF 02 – V01 Date issued: July 2015

The purpose of the incident form is to capture and report the incident with the initial available information. This will be followed up by the relevant department / individual within the organisation.

SECTION A: GENERAL INCIDENT DETAILS SECTION C: VEHICLE 1 DETAILS

SECTION B: CRASH/COLLISION DETAILS

Description of incident:

SECTION D: PASSENGER DETAILS VEHICLE 1

SECTION D: : PASSENGER DETAILS VEHICLE 1

The parent location the party involved was attached to e.g. Ward in Hospital, Room in Health Centre etc.

Use 24 hour clock

D D M M Y Y Y Y

H H M M

Description should be brief and factual.

Description should be brief and factual.

No Harm Near MissHarmDid this incident result in… (Tick one only) No Harm Near MissHarmDid this incident result in… (Tick one only)

Date of incident

Time of incident

Location

Onsite

Onsite

Offsite

Offsite

How many vehicles were involved

How many people were involved (Includes drivers, passengers and/or pedestrians) Weather conditions

Other factors

Did this involve… (Tick one only)

Road/Land

Air

Water

Road conditions

Road type

How many vehicles were involved

How many people were involved

No Harm Near MissHarmDid this incident result in… (Tick one only)



Work Days Lost

Work Days Lost

Healthcare Record no.

Lead Clinician

Service... (Tick one only)

Hospital Service

Community Service

Ambulance Service

Child and Family Service

This incident involved... (Tick one only)

Neonatal Specialties

Paediatric Specialties

Adolescent Specialties

Adult Specialties

Older Person Specialties


Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


This allows you to identify other factors (if any) that contributed to the crash/collision.

Type of vehicle involved…

State vehicle

3rd party vehicle

Registration No.

Type of vehicle

Site on impact

Estimate of damage

Propose of journey (If State vehicle)

Driver name

Injury

Qualification (If State vehicle)

Name of vehicle owner (If different to driver)

(If State vehicle)

Driver Name

Injury


Name of Vehicle Owner (If different to driver)




Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


Name

Injury

Name

Injury

Name

Injury

Additional passenger information… (If any)


Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


An estimate of the repair/ replacement costs at the time of reporting

The purpose of journey being undertaken at the time of the crash/collision.

e.g. Rear, side, front

e.g. Fracture, sprain, stress, laceration, swelling, bruising

The level of driver qualification of the driver of the vehicle.

e.g. Motorway, Regional Road, National Road, Local Road, Car Park

e.g. Flooded, icy, rough terrain

e.g. Rain, dry, sunny, cloudy

e.g. Car, bus, bicycle, boat, ambulance




Page 9

SAMPLE DSA NIRF 02 – V01: Crash/Collision Date Issued: July 2015

HC NIRF 01 – V01 Date issued: March 2015

SECTION C: VEHICLE 3 DETAILS




State vehicle

3rd party vehicle

Registration no.

Type of vehicle

Site on impact

Estimate of damage


Driver name

Injury



(If State vehicle)

Driver Name

Injury






Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


Name

Injury

Name

Injury

Name

Injury



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties




SECTION C: VEHICLE 2 DETAILS




State vehicle

3rd party vehicle

Registration no.

Type of vehicle

Site on impact

Estimate of damage


Driver name

Injury



(If State vehicle)

Driver Name

Injury






Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


Name

Injury

Name

Injury

Name

Injury



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties








e.g. Car, bus, bicycle, boat, ambulance e.g. Car, bus, bicycle, boat, ambulance









Page 10


SECTION H: REPORTED BY: Person who discovers the incident and unless otherwise

stated within the organisation, this person is responsible for completing the NIRF. SECTION I: IMMEDIATE ACTION TAKEN

First name Portlaoise

Surname

Date notified

Category of person

Local system reference no.

SECTION J: OPEN DISCLOSURE DETAILS

Was open disclosure required?

Yes No

Date of open disclosure

Time of open disclosure

Any additional open disclosure details:

SECTION F: SKETCH CRASH/COLLISION SECTION E: PEDESTRIAN DETAILS Name

Injury

Other pedestrian involved details… (If any)


Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


SECTION G: PROPERTY DAMAGE (NON VEHICLE)

Name of property owner

Type of property

Estimated damage

Other property damage details… (If any)


Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


This is an estimate of the repair/ replacement costs at the time of reporting

e.g. Wall, gate, pillar



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties



Lead Clinician


Hospital Service

Community Service

Ambulance Service






Adult Specialties


D D M M Y Y Y Y

e.g. Nurse, Catering Staff, Cleaner

No Harm Near MissHarmDid this incident result in… (Tick one only) No Harm Near MissHarmDid this incident result in… (Tick one only)

Use 24 hour clock

D D M M Y Y Y Y

H H M M

Page 11


SECTION K: WITNESS DETAILS (Name, contact no. etc.)

SECTION L: 3RD PARTY CONTACT DETAILS

Section M: SIGNATURES

Reporters Signature Date

Title

Line Managers Signature (where required) Date

Title

D D M M Y Y Y Y

D D M M Y Y Y Y

Page 12

State Claims Agency, Treasury Building, Grand Canal Street, Dublin 2 T: (+353 1) 238 4900 | [email protected] | www.stateclaims.ie

Driving for Work Policy

This document is a template for a driving for work management programme outlining the organisation’s policy in

relation to the use of official Delegated State Authority (DSA) vehicles and the use of private vehicles for work

purposes. It is targeted at Health and Safety Managers and Fleet Managers (or equivalent) within DSAs. The

document focuses on the following topics:

- The Organisations Responsibility

- Minimum Driving Requirements for use of DSA vehicles and private vehicles for work.

- Risk Factors:

o Use of Technology while driving;

o Driver Fatigue;

o Adverse Weather;

o Carrying of Passengers/ Items;

o Speeding;

o Driving at Night;

o Drug and Alcohol Use,

o Vehicle Maintenance;

o Vehicle Breakdown;

o Emergency Procedures for Incidents.

- Reporting

- Reviewing Performance

Please note the document provides best practice guidance. The DSA can edit the document as it deems appropriate.

It is important that the Driving for Work Programme is approved by management prior to implementation with

particular attention given to the following areas:

- Penalty Point disclosure;

- Prohibition of hands free kits while driving;

- Minimum requirements for driving;

- NCT requirements;

- Organisational and situational requirements specific to the DSA protocols.

For more information, please refer to the State Claims Agency website, available at [email protected]

Page 13

The [insert organisation here] driving for work management programme outlines the

organisation’s policy in relation to the use of official DSA vehicles and employee’s private

vehicles when at work.

Sample


[NAME]

[LOGO]

Page 15


Page 16

Table of Contents

Introduction ............................................................................................................................. 17

Policy ........................................................................................................................................ 17

Responsibility ........................................................................................................................... 17

Minimum Requirements .......................................................................................................... 18

Driver Requirements ................................................................................................................ 19

Identifying Risk Factors ............................................................................................................ 19

Use of Technology While Driving ......................................................................................... 20

Driver Fatigue ....................................................................................................................... 21

Adverse Weather ................................................................................................................. 22

Carrying of Passengers/Items .............................................................................................. 22

Speeding ............................................................................................................................... 23

Driving at Night .................................................................................................................... 23

Drug and Alcohol Use ........................................................................................................... 23

Vehicle Maintenance ........................................................................................................... 23

Vehicle Breakdown .............................................................................................................. 24

Emergency Procedures for Incidents ................................................................................... 24

Reporting.................................................................................................................................. 25

Reviewing Performance ........................................................................................................... 27


Page 17

Introduction

The primary focus of the document is safety. The purpose is to inform employees of

requirements and expectations while driving for work. The document aims to provide

employees with guidance to reduce the risk of injury from motor accidents.

The policy is written to meet the recommended requirements detailed in the Road Safety

Authority and Health and Safety Authority guidance ‘Safe Driving for Work’.

Driving for work includes any person who drives on a road as part of their own work (not

including driving to and from work) either in:

a company, i.e. a Delegated State Authority (DSA) 1 , vehicle; or

their private vehicle, receiving an allowance from their employer for miles driven

A DSA vehicle for the purpose of indemnity is a vehicle which is registered in the name of

the DSA and/or in the DSA’s custody and control (including hired vehicles).

Policy

The organisation recognises that driving for work is one of the most hazardous activities in

which employees are required to undertake. Many of the journeys undertaken by

employees in the course of their duties involve driving on local and regional roads which

present their own specific hazards.

The Rules of the Road detail the minimum requirements for safe driving and emphasises the

point that road safety and driver behaviour are intrinsically linked. In addition to the Rules

of the Road, the organisation is committed to promoting a culture of safe driving and is

insisting that all employees comply with this guidance when driving for work.

Responsibility

The organisation is committed to work-related road safety and has a responsibility for

exerting influence and advising employees of what is expected of them and their

responsibilities whilst driving for work.


Page 18

All employees must take reasonable care for their own safety. They must comply with

workplace rules, regulations, policies and legislation and attend relevant training provided

by their employer. It is the driver’s responsibility to ensure that only necessary travel is

undertaken. Where travel is necessary, it should be done in compliance with your

organisation’s recommendations on driving; the Road Traffic Act 1961 and the Safety,

Health and Welfare at Work 2005 Act (No. 10 of 2005).

Minimum Requirements

Management should approve all driving arrangements. All travelling duties should be

planned and must be notified in advance to the line manager. All official travel should be by

the shortest practicable routes and by the safest practicable mode of conveyance, i.e. public

transport.

A risk assessment for driving for work activities should be carried out to identify appropriate

control measures. It is not necessary to complete a risk assessment for every journey but

assessments can be completed on groups initially to identify those who are at higher risk

due to nature of journeys, carriage service users or goods etc.

There is a legal obligation to be restrained when travelling in a motor vehicle. This applies

to both drivers and passengers.

DSA Vehicles

DSA vehicles are for work related authorised business use and they should not be used for

social, domestic or pleasure purposes. DSA management approval should be obtained when

there is uncertainty over whether an activity is considered business use. A vehicle

confirmation statement should be carried in the vehicle at all times.

The State Claims Agency (SCA) do not recommend students on placements or volunteers

drive DSA vehicles. There is likely to be a reduced ability to manage the individual and the

situation, therefore a higher risk to the DSA. The decision to allow this is a matter for

management in a DSA and should be appropriately risk assessed and controlled. For more

information, on DSA vehicles, refer to State Indemnity Guidance 04 - Delegated State

Authority Vehicles (SIG-04) which can be found on www.stateclaims.ie.


Page 19

Private Vehicles

Private vehicles should be used in line with local procedures. The use of private vehicles on

work related business by employees should be approved by local management. All

employees who are paid travel and subsistence for the use of their vehicles are required to

inform their motor insurance provider that they will be driving for work and ensure they

have the relevant insurance cover. Employees are required to have the correct insurance

cover in place for the purpose of the Road Traffic Act, 1961. Employees authorised to use

his/ her own transport on official business should refer to the Department of Finance

Circular 11/82 – Travelling and subsistence regulations for additional information. For more

information on the use of employee vehicles for work related purposes, refer to State

Indemnity Guidance 05 - Use of Private Vehicles for Work (SIG-05) which can be found on

www.stateclaims.ie.

Driver Requirements

When driving for work, the normal rules in relation to driving apply and drivers must adhere

to the requirements of the Road Traffic Act(s). Drivers must be approved by local

management, based on a number of factors e.g. age, driver experience, driving history etc.

Drivers must be competent and must have a current and valid license(s) for the vehicle(s)

they drive. Drivers are only entitled to drive the category of vehicle for which the licence has

been issued. Drivers must be periodically reviewed and if there is a change in driver history.

Identifying Risk Factors

The following risk factors may result in harm when driving on public roads. The main areas

were identified under the driver, the vehicle and the journey. This list is by no mean

exhaustive; it shall be reviewed periodically and employees should be encouraged to

highlight any new risk factors as they arise.

Use of technology while driving;

Driver fatigue;

Adverse weather;

Carrying of passengers/items;

Speeding;

Driving at night;


Page 20

Drugs and alcohol use;

Vehicle maintenance;

Vehicle breakdown;

Emergency procedures for incidents;

Driver authorisation;

Driver license checks;

Use of safety belts;

Reversing (refer to the Rules of the Road, RSA);

Parking (refer to the Rules of the Road, RSA).

The following safe systems of work focus on the safety of driving for work incorporating the

above identified risk factors and the actions that the employees are encouraged to use:

Use of Technology While Driving

If using a mobile phone while driving, (even hands free models), you are four times as likely

to be involved in motor collisions and accidents involving a serious injury than drivers who

do not use mobile phones. Talking on a mobile phone requires active participation by the

driver to see who is calling, answer the phone, adjust volume or switch profiles or functions,

converse and hang up, thus distracting the driver and taking their eyes off the road.

Under the Road Traffic Act 2006, the use of hand held mobile phones while driving a

mechanically propelled vehicle in a public place is prohibited. Under current legislation the

use of a hands free device is permitted for calls but not recommended by the SCA, the RSA

or the HSA. The Road Traffic Act 2014 extends the provisions of the 2006 Act and makes it

an offence to send or read a text message from a mobile phone while driving in a public

place. Further, the 2014 Regulations apply regardless of whether the driver is holding the

phone or the phone is in a hands-free holder. You can be prosecuted for dangerous driving,

careless driving or driving without due care and attention if found using hands free

equipment. This organisation does not supply hands free devices.

When driving it is recommended that your mobile phone is switched off or put on silent or

meeting option before starting your journey. If necessary (particularly for lone working),


Page 21

stop your vehicle only where and if it is safe to do so in order to make or answer a phone

call.

It is recommended that employees:

never use a hand-held or hands-free phone while driving;

plan journeys so they include rest stops when messages can be checked and calls

returned;

ensure their phone is switched off and can take messages while they are driving, or

allow a passenger to use the phone.

avoid using personal entertainment systems through earphones. These systems, for

example personal radios and MP3 players, can distract you, and may prove

dangerous when driving.

Sat Nav/GPS systems should not be interfered with while driving; the driver should

pull over where safe to do so in order to make necessary changes.

Driver Fatigue

Plan/prepare your journey properly and plan where you can take a safe break from

driving.

As a temporary measure, stop your vehicle somewhere safe and have a strong

caffeine drink. Then take a 15 minute nap which will allow the caffeine to take effect.

But remember the only real cure for sleepiness is to get enough sleep. Turning up the

radio and opening windows will not help you.

Take regular breaks every 2 hours on long journeys.

Do not drive when abilities are impaired due to fatigue. If you feel you are not

competent or fit to drive a vehicle, don’t drive it. Inform your Line Manager.

Stop in a safe place when you feel tired. If you’re on the motorway don’t stop on the

hard shoulder, take the next exit and find somewhere to park.

The above are considered to be emergency counter measures they should not be

relied on a regular basis but instead consider what changes you can make to your

lifestyle which will help you get the sleep that you need.

In occasional circumstances it may be required to stay overnight; this should be

approved by your Line Manager.


Page 22

Refer to the Road Safety Authority and Health and Safety Authority guidance ‘Driving

for Work - Driver Health Guidelines’ for more information

http://www.rsa.ie/Documents/Driving%20for%20work/Driving_for_Work-

Driver_Health_Guidelines.pdf

Adverse Weather

In extreme weather conditions such as ice consider if making a journey by road is

absolutely necessary? Where required discuss with your Line Manager.

Check local and National weather forecasts before setting out on a journey.

Use common sense in bad weather and expect the unexpected.

It takes longer to stop a vehicle on wet roads so slow down and allow extra distance

between you and the vehicle in front.

The ‘2 second rule’ becomes the ‘4 second rule’ in adverse weather, in poor visibility

and according to the conditions.

Refer to the RSA’s website for further guidance on driving safely in adverse weather

conditions.

Carrying of Passengers/Items

Employees are permitted to carry ‘typical working equipment’ such as a laptop, PPE

etc. However, the use or carrying of any unusual items (e.g. chemicals) must be

discussed with your line manager and if using your own private vehicle, appropriate

insurances to carry such items should be in place.

Refer to the relevant risk assessments when carrying unusual items in your vehicle.

When appropriate, the Dangerous Goods Safety Advisor should be contacted to

provide further guidance on this matter.

The decision on supervision of service users while in vehicles should be based on a

consideration of the risks involved and individual service users/clients i.e. a risk

assessment determines whether supervision is required or not.

http://www.rsa.ie/Documents/Driving%20for%20work/Driving_for_Work-Driver_Health_Guidelines.pdf



Page 23

Speeding

A vehicle shall not be driven at a speed exceeding that which will enable its driver to

bring it to a halt within a distance the driver can see to be clear.

As a driver, you must always be aware of your speed and judge the appropriate speed

for your vehicle, taking into account:

o driving conditions;

o other users of the road;

o current weather conditions;

o all possible hazards; and

o speed limits.

Driving at Night

Drive at a speed that allows you to stop within the distance covered by your lights.

Assuming good driving conditions on an unlit road, the headlights of a typical car let

you see for about 100 metres. Dipped lights will let you see for about 30 metres and a

car travelling at 100 km/h will cover this distance in approximately a second.

Drug and Alcohol Use

It is the responsibility of all employees to report for duty in a fit manner free from all

intoxicants (defined as drugs and alcohol) that may pose a threat to their own safety,

that of their colleagues or those who they are meeting on public roads.

Where medication has been prescribed for legitimate use, employees should

ascertain from the prescribing Doctor if there are any possible side effects which may

interfere with the safe operation of a vehicle.

Alcohol and drug consumption is not permitted while at work. Refer to the

organisations Alcohol and Drugs Misuse Policy.

Vehicle Maintenance

The owner of the vehicle must ensure it is certified as ‘road worthy’ in order to

comply with the Road Traffic Regulations; this includes ensuring that a valid National

Car Testing (NCT) certificate has been obtained.

Perform a safety check of equipment e.g. safety belts, mirrors, brakes etc. before

commencing journeys.


Page 24

Vehicle Breakdown

If you suspect a problem with your vehicle do not continue with your journey. Pull in

where safe to do so, call for help and inform your Line Manager. Switch on your

hazard warning lights.

Switch off your engine and leave your key in the ignition.

In the case of a breakdown on the motorway proceed to the emergency station. Use

the emergency phone to contact an operator and obey operator instructions.

If your engine is on fire, switch off your engine and leave the vehicle immediately.

If the breakdown occurs near a bend in the road, make sure you give warning to

traffic on both sides of the bend.

Emergency Procedures for Incidents

Emergency numbers - 999 or 112

Don't leave the scene of the accident until particulars have been exchanged.

If you are involved in an incident, you must stop your vehicle and remain at the scene

for a reasonable time. If vehicles are blocking the roadway or posing a danger to

other road users, the roadway should be marked and the vehicle should then be

removed as soon as possible.

Leaking fuel from a crashed vehicle is dangerous, so be careful approaching any

vehicle after an accident.

Take care when moving damaged or broken-down vehicles and make every effort to

warn oncoming traffic of the accident.

Where the breakdown occurs near a bend in the road, make sure you give warning to

traffic on both sides of the bend.

Use hazard lights, reflective advance-warning triangle, high visibility vest, torch as

required.

Report accident to An Garda Síochána - all accidents involving DSA vehicles should be

reported to the Gardaí. Where there are no injuries involved the Gardaí may not

attend the scene of the accident.

Don't admit liability at the scene of the accident:

o Driving DSA Vehicle: Indicate to the other driver that your employer’s

procedure in the event of road traffic accident is to take/provide all relevant


Page 25

details at the scene of the accident and to provide a factual report to your

employer on what occurred.

o Driving Private Vehicle for Work: Refer to individual’s personal insurance

policy for full reporting details.

Obtain and provide the following details

o The names, contact details and vehicle details of all parties involved.

o The insurance details of all parties involved. (Insurance Company, policy

number and expiry date)

Note: DSA vehicles are covered by State indemnity in respect of claims for

personal injury and third party property damage, arising from the negligence

of the State. These claims are dealt with by the SCA. The SCA provides a

State Indemnity Vehicle Confirmation Statement to DSAs - in lieu of any

insurance disc and should be carried in all DSA vehicles.

o Details of any witnesses to the incident or members of An Garda Síochána

that attended the scene of the accident.

o Record other relevant details of the accident e.g. locus and time of incident.

Where possible take photographs of the scene and any damage done.

o Ensure employees involved are supported appropriately following on from

the incident. Employees should be directed to the Employee Assistance

Programme and Services.

Reporting

Driving DSA Vehicles: DSAs that have direct access via NIMS (National Incident

Management System) can submit incident reports online. If there is no direct access

to NIMS, submit incident reports as per your local incident reporting policy. In the

event of a serious reportable event please follow your local incident management

policy and notify all relevant authorities.

Driving own vehicle for work: Same as above. DSAs that have direct access via NIMS

can submit incident reports online. If there is no direct access to NIMS, submit

incident reports as per your local incident reporting policy. In the event of a serious

reportable event please follow your local incident management policy and notify all


Page 26

relevant authorities. If an accident occurs report this to your own motor insurer.

Note commuting to and from work is not reportable to your employer or via NIMS.

Near Misses: Near Misses are events that could have, under slightly different

circumstances, caused injury, illness, death, property damage, loss of materials, or

environmental damage. DSAs that have direct access via NIMS can submit incident

reports (which includes near misses) online. If there is no direct access to NIMS,

submit incident reports as per your local incident reporting policy.

Penalty Points: Any endorsements on the driver’s licence apply while driving should

be declared to the DSA. All penalty points received by an employee who drives for

work purposes, whether on duty or off duty, have to be reported. As above, notify

your line manager who in turn forwards them to the Health and Safety Section (or

appropriate section, in your DSA). The Health and Safety Section (or other) forwards

these to the SCA in situations where incidents occur. While driving for work, if a

driver was found to have breached the Road Traffic Act(s), any resulting prosecutions

or penalty points would affect the driver’s personal license and the driver will be

liable to pay any associated fine. For a full list of all offences incurring penalty points

please click on the following link:

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

.




Page 27

Reviewing Performance

In conjunction with the State Claims Agency, the organisation monitor all incidents involving

road traffic collisions, identifying trends and reviewing and implementing policies to manage

such risks. Driver performance is reviewed regularly as part of performance development

reviews. Drivers are expected to report any new penalty points annually as part of this

review. Penalty points for employees should be reviewed. Significant events will require

appropriate action by the DSA. Actions can include caution, additional training and extreme

cases the employee should no longer be allowed drive for work.

Further information in relation to driving for work you may find helpful is available at;

Road Traffic Act 1961 and associated Regulations/Amendments

Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005).

Rules of the road.

Road Safety Authority and Health and Safety Authority

guidance ‘Safe Driving for Work’.

Road Safety Authority and Health and Safety Authority

guidance ‘Driving for Work - Driver Health Guidelines’

http://www.rsa.ie/Documents/Driving%20for%20work/Driving_for_Work-

Driver_Health_Guidelines.pdf

http://stateclaims.ie/ or email [email protected]

o SIG-01 State indemnity as operated by the SCA.

o SIG-04 Delegated State Authority Vehicles.

o SIG-05 Use of Private Vehicles for Work.

o SCA-AF-01: SI vehicle confirmation: DSA vehicles.

1- Delegated State Authority (DSA) – refers to all bodies delegated to the State Claims Agency including: State

authorities, State agencies, healthcare enterprises, C&C schools and prisons.



http://stateclaims.ie/

Enterprise Risk Management Section, State Claims Agency, Treasury Building, Lower Grand

T: (+353 1) 238 4900 | [email protected] | www.stateclaims.ie

State Indemnity & Driving for Work - Motor Guidance · State Claims Agency, Treasury Building,...

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