Implications Of Glasgow Refuse Truck Driver Tragedy
Friday, 22. April 2016
You will probably remember the sad case of the Glasgow refuse truck driver who fainted at the wheel resulting in an accident causing six people to lose their lives and several more to suffer injuries.
The driver had suffered fainting attacks since 1976 but this was unknown to his employer who was held responsible, as any employer would, for the actions of their employee and for allowing him to drive their truck in the first place.
This was still the case even though they claimed that the driver had not told them of his condition. But this raises an interesting point because I only recently found out that it is unlawful for an employer to ask a job applicant about their disability or health until after they have been offered the job.
How crazy is that? However, you can apply for the medical records on the applicant, provided he or she agrees, under the Access to Medical Reports Act 1988. The medical practitioner (normally the applicant’s GP) is then obliged to provide the records requested.
If you are an employer who either provides company vehicles or pays employees to drive their own vehicles on company business by way of a car allowance or pence per mile, you have an obligation to ensure that they have the appropriate licences and do not suffer from health conditions that may affect their driving.
As an employer you are able to carry out regular assessments on drivers to ensure that they are still fit to drive. And as an employee if you have a condition that may affect your driving you are equally obliged to make your employer aware. By Graham Hill
