LEGAL REQUIREMENTS

The recent publication 'Driving at Work - managing work-related road safety' highlights the need for employers with 5 employees or over to have a written down policy.

WHICH DRIVERS ARE INCLUDED?
All your drivers during work related business. This also includes employees using their own vehicles and agency staff.
WHO IS LIABLE IF SOMETHING HAPPENS?
To escape the possibility of prosecution the chief executive will employ a health and Safety Officer. As well as this person the company will require a thorough health and safety policy. The Safety Officer needs to monitor all accidents and near misses and report back to the Board. This means that the Health and Safety Officer or Fleet Manager now bears the possibility of facing criminal proceedings for work related accidents where some unforseen yet predictable incident happens.

CORPORATE MANSLAUGHTER
If a company driver is involved in a serious road accident then the police are obliged to pass on the information to the Health and Safety Executive.
The HSE will visit the company to see if they have a written policy relating to driver training and whether this policy is followed. If it is found out to be that the company is negligent in this matter then the managing director or board of directors could be prosecuted.
 
CORPORATE KILLING
PROPOSED LEGISLATION
The Government is seeking to change the law to make it easier to prosecute those responsible for corporate killing.

The proposals fall into Four Catagories:

..: CORPORATE KILLING :
This section is intended to make a company accountable in criminal law. This is where conduct falls far below that which can be reasonably expected in the circumstances. This carries an unlimited fine and a remedial order - plus the directors could be disqualified.

..: KILLING BY GROSS CARELESSNESS :

This is where there is a risk that someones conduct could result in the death or serious injury and that the risk was obvious to a 'reasonable' person. The person should have identified the risk and their conduct fell far below what could have been expected.

..: RECKLESS KILLING :

If an individual knows that their is a risk that their conduct will cause a fatal or serious injury and it is not reasaonable to take that risk the penalty quoted is life imprisonment.

..: KILLING WHEN THE INTENTION WAS ONLY TO CAUSE MINOR INJURY BUT DEATH WAS CAUSED BY AN UNFORSEEABLE EVENT :

The maximum penalty here is between five and ten years in prison.