Driving at work and the law: Corporate Manslaughter and Corporate Homicide Act 2007
Health and Safety Executive (HSE) has issued a stark warning to companies to make sure they comply with Health and Safety law and take into account the new Corporate Manslaughter and Corporate Homicide Act 2007, which comes into force from 6 April 2008.
Driving is the most dangerous activity that most employees undertake as part of their working day. According to The Royal Society for the Prevention of Accidents (ROSPA) around 20 people are killed and 220 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work.
For businesses that use vehicles at work, the new law means the employer is responsible for ensuring safety on the road. Previously a company could only be convicted of manslaughter if a single individual at the very top of the company was personally guilty. The new law allows prosecution for gross failures in the management of health and safety within a company as a whole; when it results in a death.
The new law means that employers must make sure any vehicles used for work; whether company cars, grey fleet or employees’ own vehicles comply with the following:
1. They are roadworthy
2. Have a current MOT certificate for vehicles over three years old.
3. The driver is licensed to drive
4. The vehicle is insured for business use
5. The car is regularly serviced
6. The employee is carrying out basic maintenance checks
7. The employee is a member of a roadside recovery organisation
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