In brief
For a worker driving a company vehicle, the road is part of the workplace; an accident while on the road on duty may count as a work accident. The risk assessment should cover the driver's health, driving and rest times, the condition of the vehicle and loading and unloading together. Under Art. 98 of the Highway Traffic Regulation, drivers of commercial vehicles within scope drive no more than 9 hours in 24 hours and no more than 4.5 hours without a break, followed by a break of at least 45 minutes.
Driver safety at work: the vehicle is also a workplace
A delivery worker driving a delivery van, a sales representative going to visit a customer, a lorry driver carrying parts between factories or a driver operating a staff shuttle bus... What they all have in common is that a significant part of their work takes place on the road. Driver safety at work is therefore not limited to obeying traffic rules; the driver's health, working time, the condition of the vehicle and loading and unloading are also part of the risk assessment under Law No. 6331 on Occupational Health and Safety.
The insurance side of the issue is also clear. Art. 13 of Law No. 5510 treats events occurring because of work carried out by the employer, while being sent outside the workplace on duty, and while travelling to and from work in a vehicle provided by the employer as work accidents. In other words, a company vehicle accident is in most cases a work accident. We explain in detail which situations are covered in our article on situations considered work accidents.
In this article, we look at two layers of legislation together: the rules that traffic legislation imposes on the driver and the vehicle, and the assessment obligation that OHS legislation places on the employer.
Health and psychotechnical assessment
The medical report obtained for a driving licence shows the general health requirements for a person to drive a vehicle. A fitness-for-work report answers a different question: can this person work safely in this job, on this shift pattern and with this load? Under 6331 Art. 15, in hazardous and very hazardous work, a worker cannot start work without a fitness-for-work report, and the report is obtained from the workplace physician.
In examining drivers, the workplace physician particularly assesses the following:
- Vision and hearing, especially for those who drive at night,
- Sleep patterns, snoring and daytime sleepiness,
- Medicines being taken that may cause drowsiness,
- Conditions that may cause sudden loss of consciousness and blood sugar control,
- The musculoskeletal system in jobs requiring heavy lifting.
The driver psychotechnical assessment, on the other hand, is based on traffic legislation. Art. 79 of the Highway Traffic Regulation regulates psychotechnical assessment for drivers who commit the traffic offences listed in the law and for drivers for whom other legislation requires a psychotechnical assessment; reports are kept in the electronic system for ten years. What you need to do as an employer is to request a valid certificate at recruitment if this document is required for the job the driver will do, and to track its validity. In jobs where the document is not mandatory, the risk assessment and the workplace physician's recommendation are decisive.
Under Art. 98 of the same regulation, drivers of commercial goods vehicles with a maximum weight over 3.5 tonnes and commercial vehicles carrying more than 9 people including the driver drive with a certificate of professional competence. Add the class and expiry date of the driving licence and, if any, the professional competence and psychotechnical certificates to the recruitment file. We explain where to obtain the medical report in our article on the pre-employment medical report.
Tachograph driving time and rest rules
Art. 98 of the Highway Traffic Regulation imposes the following rules on drivers and operators of commercial goods vehicles with a maximum weight over 3.5 tonnes and commercial passenger vehicles carrying more than 9 people including the driver:
| Rule | Limit |
|---|---|
| Total driving in 24 hours | No more than 9 hours |
| Continuous driving | No more than 4.5 hours |
| Break | At least 45 minutes at the end of 4.5 hours of driving; this may also be taken in parts of at least 15 minutes each within the 4.5 hours. No other work is done during the break |
| Daily rest | 11 consecutive hours in every 24 hours; 12 hours in total if split, with one part of at least 8 hours. May be reduced to 9 hours no more than three times a week |
| Weekly rest | At least 24 hours after no more than 6 days of driving |
| Tachograph records | Kept for 1 month in the vehicle and 5 years at the workplace from the date of recording |
The same article also gives operators these obligations: keeping the tachograph in working order in vehicles where it is mandatory, keeping a log or list showing the vehicle's registration, the driver's identity and departure information, monitoring drivers' working times, training drivers who persistently break the rules and having the necessary relief driver available for intercity journeys.
Driver fatigue: treat it as a planning failure
Driver fatigue is often a problem with the plan, not the driver. Unrealistic delivery times, long return journeys after a night shift and failure to set break locations in advance make tired driving inevitable. When planning routes, pay attention to the following:
- Set the delivery window taking traffic and loading times into account.
- On long journeys, write the break points into the route in advance.
- Do not plan night driving unless it is unavoidable; do not assign long drives after a night shift.
- Prohibit talking on the phone and messaging while driving through a company rule; urgent calls wait for a break.
- Treat a driver saying "I'm tired, I can't go on" as a safety report, not a disciplinary matter.
Yawning, heavy eyelids, drifting within the lane and not remembering the last few kilometres are signs of fatigue. Explain these in start-of-shift talks. For the effects of work pace and shift patterns, see our article on psychosocial risk factors.
Vehicle checks: a short pre-drive list
Vehicle roadworthiness tests are carried out at set intervals; but day-to-day safety starts with the short check the driver makes before setting off. Keep this list as a card in the vehicle:
- Visible tyre damage, tread depth and pressure,
- Brakes, headlights, brake lights, indicators and reversing alarm,
- Wipers, windscreen and mirrors,
- Oil, coolant and screen wash levels,
- Load securing straps and cargo doors,
- First aid kit, fire extinguisher and warning triangle,
- Registration document, insurance and, if applicable, tachograph card.
Put in writing the rule that "the vehicle does not go on the road" for a defect found during the check, and who the defect should be reported to. You can find additional preparations for winter conditions in our article on workplace safety in winter.
Risks in loading and unloading
Many driver accidents happen not at the wheel but while the vehicle is stationary. The main risks and measures in loading and unloading are:
| Risk | Measure |
|---|---|
| Falling from the load bed or dock | Three points of contact when getting on and off the load bed, steps and handholds; edge protection on the dock |
| Vehicle creeping away from the dock | Handbrake, wheel chocks and a rule confirming the vehicle is secured; the forklift does not enter the load bed until the vehicle is secured |
| Back injury in manual handling | Pallet trucks and hand trucks; two people for heavy boxes; lifting technique training |
| Load falling when the door is opened | Securing the load before setting off; opening the door after checking the load |
| Forklift traffic on the customer's site | Compliance with the customer's site rules; pedestrian route and waiting area |
We explain manual handling limits and technique in our article on manual handling and lifting technique, and separating vehicles and pedestrians in the warehouse in our article on the forklift-pedestrian traffic plan. For other risks specific to logistics businesses, see our logistics and warehousing page.
If there is an accident: notification and learning
A traffic accident occurring while on duty is reported to the SGK as a work accident within 3 working days after the accident. When the accident occurs somewhere outside the employer's control, the period starts from the date the accident became known. You can find the notification steps in our article on SGK work accident e-notification.
Simply reporting the accident is not enough. The route, time, driving time, vehicle maintenance and the driver's condition on the day should be investigated; the measure that will prevent a similar event from recurring should be entered into the risk assessment. Also record near misses: harsh braking, leaving the lane or a pallet sliding on the loading dock. To bring driver health, driving times and loading and unloading together in a single plan, see the scope of our OHS specialist and workplace physician services. You can track examination and certificate renewal dates with the OHS calendar.
Frequently Asked Questions
Is an accident while driving to a customer in a company vehicle a work accident?
Generally yes. Art. 13 of Law No. 5510 treats events occurring because of work carried out by the employer and while being sent outside the workplace on duty as work accidents. The accident is reported to the SGK within 3 working days; for an accident somewhere outside the employer's control, the period starts from the date it became known.
Do tachograph rules apply to staff driving light commercial vehicles?
Art. 98 of the Highway Traffic Regulation covers commercial goods vehicles with a maximum weight over 3.5 tonnes and commercial passenger vehicles carrying more than 9 people including the driver. For vehicles below this, these limits do not apply directly; however, it is advisable to set similar rules as company policy because of the fatigue risk.
Is it mandatory to ask drivers for a psychotechnical certificate?
Psychotechnical assessment is mandatory for drivers who commit the offences listed in traffic legislation and for drivers for whom other legislation requires it. If the job you will employ them in falls within this scope, request the certificate at recruitment and track its validity. For jobs outside this scope, the risk assessment and the workplace physician determine whether it is needed.
How long are tachograph records kept?
They are kept for 1 month in the vehicle and 5 years at the workplace from the date of recording. If there is no workplace, the records are kept in the vehicle.
A certified specialist matched to your hazard class: site inspections, approved logbook, training plan, annual plan and report follow-up.
Bursa SİSTEMER OSGB Technical Team — written from the field experience of our OHS specialists and workplace physicians. Legal information is valid as of the publication/update date; contact us for an assessment specific to your business.