Some employers think they don’t have to worry about the Corporate Manslaughter Act because their business is low-risk. However, if they have people driving on business, they need to have an urgent rethink.
The first organisations are already being investigated under the new Act following at-work deaths. Up to now, none of these actually involve death caused by an at-work driver.
Fleet operators in particular, are being warned that at-work road deaths will be investigated much more aggressively by the police under the new Corporate Manslaughter Act, which came into force in April. Before April, it was virtually impossible to prosecute a large corporation for manslaughter, but things have changed dramatically now.
Fleet managers finding it difficult to get board approval for new policies e.g. licence checks or random drug and alcohol testing of drivers, need to highlight to their management team that they may now risk being fined 10% of turnover!
Sentencing guidelines will be published early in 2009 and the indications are that the authorities are taking this much more seriously and will press for tough sentences. In addition the company may be forced to advertise its failings in the form of TV or press adverts, which will highlight that it has been found guilty of Corporate Manslaughter.
At work drivers are more likely than almost any other employee to be involved in a fatality during their working day. Companies must have robust systems, adequate procedures and checks in place to manage the risks.
Driving at Work
