Under the Health and Safety (Display Screen Equipment) Regulations 1992, employers are obliged to provide regular eyesight tests for employees who use VDUs.  Interestingly though, at present there is no specific obligation on employers to provide eye tests for employees who drive as part of their job.  This seems rather odd, bearing in mind that the Health and Safety Executive (HSE) currently estimates that up to a third of all road traffic accidents involve someone who is at work at the time. A broader obligation? Of course employers are bound by an overarching obligation to ensure, so far as is reasonably practicable, the health and safety of their employees. So this begs the question whether, under this more general obligation, employers ought to be taking steps to assess and manage the risks associated with driving in the course of employment. A publication issued by the Health and Safety Executive suggests that employers should consider reminding employees of the need to be able to satisfy the eyesight requirements set out in the Highway Code.  Currently, this means that drivers must be able to read a number plate from 20 metres away.  But there is an argument for saying that those who drive regularly should be required to go further.  For example should they provide evidence of an up to date eye test?  Should employers pay for their staff to undergo regular eye tests or indeed full medical assessments? Different licences, different rules It is worth bearing in mind that different laws may apply, depending on the type of vehicle that someone is required to drive.  For example, with effect from 19 January 2013, new licences issued to lorry and bus drivers will be valid for a period of only five years.  In order to renew that licence, drivers will need to sign a declaration that they meet relevant medical standards of fitness.  Once they hit 45 years of age, drivers will be required to undergo a medical examination in order to renew their licence.  Checking the drivers’ eyesight will be an important part of this medical assessment. A call to action

If you employ staff who drive in the course of your employment, it is worth reviewing your obligations.  In particular, you should consider:

• requiring your employees to warrant and demonstrate that their eyesight is of sufficient standard and has been recently tested;
• keeping appropriate documents on file in order to substantiate the checks undertaken;
• repeating these checks at agreed intervals, in order to take account of the prospect of eyesight deteriorating over time; and
• drawing up and issuing a vehicle use policy, documenting your obligations and those of your staff.

If you need help in any part of this or want to discuss your particular obligations further, contact a member of the stevensdrake team. James Willis, Head of EmploymentThis article is provided for general information only. Please do not make any decision on the basis of this article alone without taking specific advice from us. stevensdrake will only be responsible for the advice we give which is specific to you.