Cooper Parry business advisers, comment on Corporate Manslaughter Act

Added : 1st April 2008

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Minimise risks by ensuring the Act forms part of your overall health and safety policy.

Health and safety within the workplace is well documented and holds a high profile within most organisations. A high risk area which is all too easy to overlook is the management of driver safety while employees are on company business either in company cars and vans, company funded vehicles or their own cars.

The Health and Safety Executive estimates that up to a third of all road traffic accidents involve somebody who is driving for business reasons and which may account for up to 20 fatalities per week.

With effect from 6 April 2008 the Corporate Manslaughter Act 2007 comes into force and allows a company to be prosecuted for serious management failures that have led to the death of an employee and others linked to the company’s business. Convicted companies will face unlimited fines and remedial and publicity orders may also be placed on the company. There has never been a better time for organisations to review their management of fleet risk.

Adrian Rowley, HR Consultant at Cooper Parry suggests that: “In order to minimise the risks associated with employees driving on company business, it is important to have clear responsibility for health and safety at a senior level, and to ensure the health and safety policy statement covers driving for business. There should also be policies in place to cover subjects such as the use of mobile phones, smoking and rest breaks. Systems should be implemented for monitoring mileage, vehicle condition and the currency of driver licences. Companies should also consider introducing driver training to promote awareness of defensive driving techniques, safe practices and the potential risks associated with fatigue. If a company is worried about the expense of such initiatives, they should think about the potential benefits of safe driving, including lower insurance premiums, less lost time due to accidents, reduced stress and higher morale and compare this to the potential cost of a court case and fine.”

If you require any assistance with reviewing your current Car Policy or need help setting up a new Car Policy for your company, Adrian can be contacted on 0115 9580212 or by emailing him at adrianr@cooperparry.com.


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