The employer must ensure that equipment used at work is safe and appropriate for the task in hand. The employee must also be properly trained and qualified to use it. A vehicle, irrespective of ownership, falls within the definition of ‘equipment’, so it should be safe and reasonably fit for use for the task in hand. The employer also needs to check that the driver is suitably qualified. They need to hold the correct entitlement on their driving licence to drive their vehicle. If their driving record suggests they present a higher risk to themselves or other road users, the employer must take corrective action in the form of additional training or intervention.
Failure on the part of the employer to meet their duty of care obligations may result in civil or criminal litigation, penalties in the form of damages or heavy fines and in the worst cases imprisonment of responsible senior management and the directors. The harm that can be caused by adverse publicity to a brand or organisation can also take many years to mend.