When the HSE Gets Involved in Road Traffic Accidents

Road traffic accidents (RTAs) are a common occurrence in the UK, with thousands reported each year.

AI generated image of an RTA

While most incidents are handled by the police and local authorities, under road traffic laws, there are circumstances where the Health and Safety Executive (HSE) may step in.

But when exactly does this happen, and what role does the HSE play?

Understanding the HSE’s Role in Road Traffic Accidents

The HSE is the UK’s national regulator for workplace health and safety, meaning its involvement in RTAs is typically limited to incidents that occur at work or as a result of work-related activities. In other words, when there is an Occupational Road Risk that has caused an incident.

When the HSE Investigates an RTA

The HSE may get involved in a road traffic accident if:

(1) The Accident Involves a Work Vehicle

• If a crash involves a company car, lorry, van, or any other work-related vehicle, the HSE may investigate whether health and safety failures contributed to the incident.

• Examples include poor vehicle maintenance, lack of driver training, or employer negligence.

(2) The Accident Happens in a Workplace or Work Zone

• If an RTA occurs on work premises (e.g., a construction site, warehouse yard, or depot), the HSE may assess whether proper safety measures were in place.

• This also applies to roadworks—if inadequate signage or barriers contributed to a crash, the HSE could investigate.

(3) The Driver Was Working at the Time

• Delivery drivers, HGV operators, and other employees driving for work fall under HSE scrutiny if their actions (or their employer’s policies) led to an accident.

• Fatigue, unrealistic schedules, or pressure to meet deadlines could be factors.

(4) Dangerous Goods or Hazardous Materials Are Involved

• If a crash involves a vehicle transporting chemicals, fuel, or other hazardous substances, the HSE will assess whether safety protocols were followed.

(5) A Fatality or Serious Injury Occurs Due to Work-Related Factors

• Under the Corporate Manslaughter and Corporate Homicide Act 2007, companies can be prosecuted if gross negligence leads to a fatal RTA.

How the HSE Investigation Works

If the HSE decides to investigate an RTA it is usually passed to them by the police. The HSE will:

• Examine whether health and safety laws were breached (e.g., the Health and Safety at Work Act 1974 or Workplace Transport Safety regulations).

• Assess employer responsibilities, such as vehicle maintenance, driver training, and risk assessments.

• Determine if prosecution or enforcement action is necessary.

What Happens If the HSE Finds Failures?

If the HSE uncovers breaches in health and safety law, consequences may include:

• Improvement or prohibition notices (requiring changes to prevent future accidents).

• Fines or prosecution (especially in cases of severe negligence).

• Corporate manslaughter charges (in extreme cases where gross negligence leads to death).

Who Else Investigates RTAs?

While the HSE focuses on work-related aspects, other authorities handle general road accidents:

• Police – Investigate road law violations (e.g., speeding, drink driving).

• Highways England/Transport Scotland/Local Councils – Deal with road design and maintenance issues.

• Coroner’s Court – If a fatality occurs, an inquest may be held.

Employer Responsibilities to Prevent Work-Related RTAs

Under UK law, employers “must ensure the safety of employees and others affected by their work activities”, including driving for work.

Key responsibilities include:

(1) Safe Vehicles

• Ensure all work vehicles are properly maintained (regular MOTs, servicing, and defect checks).

• Provide appropriate vehicles for the job (e.g., winter tyres in cold conditions).

(2) Driver Training & Competency

• Employees driving for work must be properly trained (not just holding a licence).

• Additional training may be needed for HGVs, forklifts, or hazardous material transport.

• Employers should check driving licences regularly (at least annually).

(3) Risk Assessments

• Conduct workplace transport risk assessments (e.g., identifying high-risk routes, fatigue risks, or unsafe loading practices).

• Implement safe systems of work, such as:

(i) Avoiding unrealistic schedules that encourage speeding.

(ii) Rest breaks to prevent fatigue-related accidents.

(iii) Policies on mobile phone use (hands-free only, or no calls while driving).

(4) Monitoring & Enforcement

• Use telematics or dashcams to monitor driving behaviour (e.g., harsh braking, speeding).

• Enforce zero-tolerance policies on drink/drug driving.

• Investigate near-misses to prevent future accidents.

(5) Insurance & Legal Compliance

• Ensure all work vehicles have appropriate business insurance (standard car insurance may not cover work-related driving).

• Comply with GB driver hours rules (for commercial drivers) to avoid fatigue risks.

  
  

What Should Employees Do?

Workers who drive as part of their job should:

• Report vehicle defects immediately.

• Refuse to drive if unsafe (e.g., faulty brakes, extreme fatigue).

• Follow company policies on speed, breaks, and phone use.

If an accident happens, employees should:

• Report it to their employer immediately.

• Cooperate with any HSE/police investigation.

• Seek legal advice if they believe employer negligence contributed.

Key Takeaways

The HSE takes work-related road accidents very seriously, and employers who fail in their duties risk heavy fines, prosecutions, and even imprisonment in extreme cases.

HSE investigates RTAs linked to work—not general road crashes.

Employers must ensure safe vehicles, trained drivers, and proper risk controls.

If you’re an employer, review your policies now to avoid HSE action. If you’re an employee and have concerns about work-related driving safety, speak up before an accident happens.

If you’re involved in a work-related RTA, seek legal advice, especially if the HSE is investigating.