Hi, we have found that some of our drivers are picking up members of the public and giving them lifts. What would the companies liability be if the driver was to get into an accident and the member of public should get injured.
Ferdi You need to look at your company insurance policy. Most insurers do not cover the business if unathorised passengers are transported in company vehicles. Should you driver get into an accident and the person he/she picked up is injured, the company could be held liable for civil damages. You also need to look at the definition of ‘workplace’ under the OHSAct. It includes a vehicle. The company therefore needs to take the required steps to prevent ‘unauthorised entry’ into company vehicles. One such measure is to post a notice inside vehicles. (You did not say what type of vehicle, but specifically busses and mini-busses are prone to these incidents). Another measure is to inform all drivers to stop the practice or face corrective sanctions.