The authorities have been criticised for failing to ensure companies automatically consider their drivers within their risk management policies.

“Driving is the biggest safety risk facing UK businesses,” said Roger Bibbings, ROSPA’s occupational safety advisor.

But under current rules, the Health Service Executive (HSE) does not consider at-work drivers who are killed and seriously injured on the roads as automatically falling within its health and safety at work remit.

Therefore it does not routinely investigate such crashes.

“There is a problem of perception. If the authorities do not even consider these as workplace deaths then how can they expect managers to do so?” asks Bibbings.

If an employee is seriously injured or killed in the workplace, the HSE will always investigate, often alongside the police, and in every event a RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) report must be completed by the employer.

Even ‘near miss’ incidents must be reported to the HSE under the law.

However, the rules differ significantly when employees are killed or kill while driving for work.

“There is no reporting under RIDDOR and the HSE does not take the lead in the investigation,” said Bibbings.

“So the perception is that this is not a health and safety issue…These crashes need to be reported as work injuries.”

He suggests a self-investigation regime where companies investigate road crashes involving their at-work drivers be introduced, which should be independently overseen.

He also suggests that the Government’s Think road safety campaign should be extended to Think Road Safety At Work!

Marcia Davies HSE head of injury reduction said at a recent RoSPA congress that while health and safety laws cover at-work drivers, there is “more appropriate” legislation covering on-road driving.

On the ground there appears to be an appetite for a greater HSE involvement in investigating at-work road crashes.

“The Association of Chief Police Officers has produced guidance on when to seek HSE involvement when road traffic legislation cannot address management failures,” said Davies.

“In road crashes the police will always lead the investigation; we will work in partnership with them.”