Polanglik: the employer is responsible for the safety of the vehicles/equipment
Your totaly wrong. It's the drivers responsibility to check the safety of his vehicle and to report any faults. And it's quite imperitive that he has the language skills to report any such faults.
The question of how incompetent the driver was?..... I am not arguing this point ..... if he does not possess the appropriate skills nor had the necessary training to do the job, then he should never have been driving the bus in the first place - the fault/blame lies ultimately with the owners/directors of the bus company !
Check out the following website ..... this applies generally to all work places /environments : direct.gov.uk/en/Employment/Employees/HealthAndSafetyAtWork /DG_4016686
If you check then you will see that :-The employer's duty of care in practice
, whatever the size of the business, must amongst other:
1.make the workplace safe
2.ensure that plant and machinery is safe to use, and that safe working practices are set up and followed
3.check that the right work equipment is provided and is properly used and regularly maintained
In addition ,Making the workplace safe and healthy
So that the work premises provide a safe and healthy place to work, your employer
should amongst other:
1.keep the workplace and equipment clean
2.keep the workplace and equipment in good working order
3.let employees take appropriate rest breaks and their correct holiday entitlement
4.make sure that employees who work alone, or off-site, can do so safely and healthily
A competent bus company would ensure all the health and safety issues were adhered to, and in the case of UK North and GM Buses Enterprises Ltd they clearly were not - employees were known to have worked up to 31 consecutive days without a proper break. Even though it may be part of the job requirement for bus drivers to check the road worthiness of their vehicles, it is up to employers/management to ensure that employees are trained for this and carry out the checks.
It is the simple solution to lay blame for accidents at the person(s) closest to the scene of any accident; however in many cases the problem lies much deeper and when the cause of the accident is researched, usually it is management which is to blame!
I speak with some authority on these matters as I have studied and worked on such issues for a number of years - I possess postgraduate qualification in Organisational Psychology, and have done work on Risk Assessment, Causes of Accidents & Blame, Health and Safety etc.
Apologies for the long post !!