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Who is liable for health and safety outside work?

Here's some food for thought for employers!

We're all getting the hang of what employers are responsible for. Within the workplace, it's pretty straightforward. But there are still grey areas, when it comes to things like driving home from work, driving a work vehicle, or working from home. There's a fascinating article from the July/August Safeguard magazine, which explores liability for risk exposure - when the effects of risk are felt outside work.

The article discusses the following 'grey area' scenarios:

- An employee falling asleep at the wheel after a 197 hour fortnight

- An employee talking on the phone during a commute to work, in a company car

- A trainee Unimog driver with inadequate training and only 5 weeks of being fully licensed causing an accident

It specifically highlights the different ways the cases were handled by Worksafe, and the various considerations that could be made (what of driver autonomy? Which agency is responsible for prosecutions? Which aspects can an employer realistically have control of?

Check out the article, we'd love to hear what you think!

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