All companies have a ‘duty of care’ under the Health and Safety at Work Act 1999 for the safety of employees at work. This means that an employer must do all they can to ensure the safety of that driver, including having policies in place to ensure that their vehicle is not overloaded. The Act also places a duty of care on the employer to carry out suitable risk assessments. The operator has a moral and legal responsibility which is shared with the driver of the vehicle.
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