There are often times you need an employee to travel for work related purposes. This may be to collect parts or equipment. Perhaps driving a truck to deliver product is the employee’s regular job.  So what control does an employer have to ensure that the employee is working safely when driving on the employer’s behalf?

The Fair Work Commission recently found that an employer did not unfairly dismiss a worker who regularly and deliberately set their cruise control above the speed limit. This case highlights that employers can legitimately monitor and enforce WH&S compliance with regard to work related driving through their own risk management systems, such as on-board monitoring, and not have to rely on actual external proof (e.g. speeding tickets) or safety incidents.

Given the risks associated with driving there are clear and obvious reasons why such monitoring and enforcement should take place to meet the employer’s primary WHS duty.

The important point is that employers can legitimately monitor work related travel to meet genuine WH&S needs. However, it is also important to note that staff should be trained in relation to all WH&S matters. Having and reinforcing your policies with practical guidance and training is essential.