All organisations that have five or more employees who drive for work need to be able to show that they have met the minimum standards under their Duty of Care for employees.
Any organisations who don’t meet these standards are not managing road risk and are breaking the law. This carries significant risk exposure and the Health & Safety Executive, VOSA and Police may pursue a prosecution against the organisation and any or all of its Directors, management and staff. We are committed to providing simple, practical, easy to use solutions to all of our customers, enabling them to run their fleets safely and efficiently. Our “SafePlan” product will assist you to identify and meet your Duty of Care obligations surrounding employees that use vehicles on company business.
The focus and responsibility for occupational road risk lies with the Directors of Maritime and Coastguard Agency. The Corporate Manslaughter Bill is designed so a Director or Organisation can be prosecuted where the following applies: The Common Law defines the liability for work related deaths to be –“Gross negligence manslaughter – breach of duty so grossly negligent that the defendant can be deemed to have such a disregard for the life of the deceased that it should be deemed criminal as deserving of punishment by the State”
It is believed that Corporate Manslaughter will become the ‘prosecution of choice’ where employees are involved in fatal accidents. The Bill was finally passed on 23rd July 2007 and came into effect on 6th April 2008. The new Corporate Manslaughter and Homicide Act does not make individual directors responsible for manslaughter unless they are separately liable under the existing common law. Under the new Act a company will be guilty of corporate manslaughter if its activities cause a person’s death because of the grossly inadequate way in which the company’s activities are managed or organized. This could lead to an unlimited fine. The Act will require a court to consider whether the way in which senior managers organised the company’s activities caused the person’s death. Senior managers could include strategic and operational managers, with day to day responsibility for an employee’s activities. Compliance with existing health and safety legislation, in all aspects of employment, will be paramount under the Act, as well as having a safety culture within the company.
Specifically for drivers’ who drive their own vehicles, both employees and volunteers, including those who only occasionally drive on the organisation’s business in their own vehicle, there are number of minimum conditions that must be applied:
For more information and to arrange an appointment to discuss your compliance please contact us on 01473 784631 or firstname.lastname@example.org