Corporate Manslaughter Act and Duty of Care

Under the new Corporate Manslaughter Act and Corporate Homicide Act (2007), companies and government agencies face a criminal offence if they are found to have caused death due to gross negligence in relation to their health and safety policies. 

On the road work activity is the aspect of work related safety which receives least attention by employers with recent research showing that 79% of respondents had yet to compile a vehicle fleet risk management strategy.  Motorists Forum Report on behalf of the Secretary of State for Transport.  

In this increasingly safety oriented and litigious society, companies need to ensure that their Health and Safety Policy covers any employee who drives on company business, regardless of whether they are driving a company car or their own.  Companies need to have a Driving at Work Policy sometimes known as a Managing Occupational Road Risk Policy (MORR).  Such a policy would make drivers aware of legislation relating to them, for example, not using mobile phones when driving.  

Work – related road accidents are the biggest cause of work-related accidental death.  Between 800 and 1000 people are killed annually in road traffic accidents. Department of Transport. Business drivers have collision rates that are 30-40% higher than those of private drivers. Department of Transport.  

To find out more information on companies responsibilities to company drivers and there duty of care, follow the links below.  These are provided for guidance only and professional advice should be taken with regards to implementing or amending your Occupational Road Risk Policies.


 
“Driving At Work” Heath & Safety Executive.

Corporate Manslaugher & Corporate Homiside Act 2007

"Fleet Monitor" Occupational Road Risk Managers

"ROSPA"

Case Studies from the HSE website 

Case Study 1
 
Case Study 2

Case Study 3