Sometimes employees may need to use their private vehicles for work purposes. What are the health and safety issues, insurance implications and other risks?

Use of a private vehicle for work purposes should only be allowed if it is not reasonably practicable to make a work vehicle available. But what are the safety issues, insurance implications and other risks when using a private vehicle to undertake a work task?

A worker who is using a private vehicle for work purposes faces all the same risks as a worker using a vehicle belonging to their employer. The same hazards arise in relation to vehicle design (including load restraints), maintenance, traffic congestion and driver behaviour (including competence behind the wheel, fatigue, and use of alcohol or other drugs), but an employer has somewhat less influence over the risk control measures. For example, it may not be reasonably practical for an employer to assess a driver’s competence or regularly check that the vehicle is well maintained.

Nevertheless, work health and safety laws require management to ensure that suitable steps are taken to ensure the safety of arrangements for private vehicle use, so far as is reasonably practicable

Use of private vehicle for work purposes policy

An organisation’s policy should state that if a worker is to use a private vehicle for a work task, they must:

  • have an appropriate driver’s licence, and
  • know about the vehicle’s safety features and how to use them.

A policy should also require a worker to ensure a private vehicle is:

  • appropriately registered
  • roadworthy
  • in good working order, and
  • has comprehensive insurance cover.

Depending on the circumstances, it may be advisable to keep proof of insurance cover.

The policy should also state that workers must not use their own vehicles for work purposes in any way that is inconsistent with the road rules, or if they are under the influence of alcohol or other drugs, or if excessive fatigue may be a problem. Drivers should also be required to avoid risk-taking behaviour and minimise in-vehicle distractions while driving.

A policy may also be used to set out arrangements for breakdown assistance, reporting of any incidents, reimbursement of work-related costs, and to stipulate that drivers of private vehicles are responsible for payment of any parking or other traffic fines they may incur.

When making arrangements for a worker to use their own vehicle for work purposes, the suitability of the vehicle should be ascertained, if relevant. For example, if the work task involves loading and unloading work-related materials from the vehicle, the question arises as to whether the vehicle design allows for the loading and unloading to be done without undue risk of manual handling injury.

If a worker cannot provide satisfactory assurance that the vehicle is reasonably suitable for the work task for which it is to be used, arrangements may need to be considered for any reasonably practicable modifications.

Arrangements for emergency response should be made as appropriate. For example, if a private vehicle is being used for work purposes that could put the worker at risk, the vehicle should be equipped with a duress alarm, car phone or other means of communication and protection as may be relevant to the type of work and work situation (e.g. working alone, clients who may present hazards, or geographical isolation).

Issues of liability for damage caused by an at-fault accident and eligibility for insurance claims (e.g. workers compensation journey claims) may be complex, depending on the circumstances. Expert advice should be obtained on a case-by-case basis.