Current Legislation

Corporate Manslaughter Act

Most organisations understand the importance of health and safety issues and the attention that they need. However in a hectic work environment a large proportion of companies sometimes don't get round to doing everything they should to avoid committing offences under the Corporate Manslaughter Act 2007. 

Firms should not be complacent. The Act has just seen its first charge in April of this year, with a company director being charged with manslaughter after not taking due care. The director could potentially be jailed for life when convicted.

If a company is to demonstrate their innocence in a manslaughter case, they need to be able to demonstrate

• they have done everything possible to protect their workforce from all health and safety issues
• Health and safety policy has been communicated to all employees driving on company business

Health and Safety Executive

The Health & Safety guidelines “Managing work-related road safety” make it quite clear that the Health & Safety at work act applies to an employee while driving at work. Directors and managers have a legal responsibility to manage Health & Safety effectively.

The Association of Chief Police Officers has produced a Road Death Investigation Manual. This is used as a guide to police officers when investigating a fatal or serious accident. All road deaths are now investigated as if they are unlawful killings

They will ask

• Why was the vehicle at the scene
• Is the vehicle roadworthy
• Was the driver fit and legally entitled to drive
  

If the police believe adequate duty of care has not been taken, they will forward evidence to the Health & Safety Executive who have the power to prosecute the company involved. Can you, if you have to, state that you are doing everything as far as is reasonably practicable to reduce the road risk to your companies drivers? So how can a company demonstrate that they have?  Check out the Route-safe products page of this website for full details