Business drivers and the law. Fleet Voice
Thursday 15 July. The Fleet Voice Column
Corporate Manslaughter caused a flurry of nervous activity when it was first introduced in 2007 in England and Wales, and as the Corporate Homicide Act in Scotland.
Now, the nerves are less jangled and most businesses have come to terms with the idea. However, the Health and Safety Executive believes there are large numbers of small and medium-sized companies that have not taken the necessary steps to comply with this fundamentally important law.
The initial worries about companies being put in the dock for their drivers’ mistakes have subsided and we’re yet to see a full prosecution of a motoring-related incident under the powers of the Corporate Manslaughter Act. Even the threat of a fine of up to 10% of a company’s turnover now appears less of a threat with the passage of time.
However, any fleet driver or manager who fails to take this piece of law into account and adapt a strategy for it is risking a very great deal.
Every company has a Duty of Care to its employees to minimise risk to them in the working environment, whether that is on an oil rig or the M25.
A recent amendment to the Act earlier in 2010 should certainly prick up the ears of any business driver, fleet manager or company director. The change states that under Section 10 of the Corporate Manslaughter and Corporate Homicide Act 2007, convictions can now be publicised by order of the court.
This means the whole world can find out if a company has been negligent, and imagine the damage that could do a business?
A simple lapse of concentration on the part of a business driver, whether it’s changing the radio station or the more serious problem of using a mobile phone while driving could end up being prosecuted under this law.
The wider reaching law of causing death by careless driving is more likely to be used by the police for a greater certainty of prosecution and successful conviction, but companies cannot rest on their laurels.
Jeremy Gould, UK Country Manager for TomTom WORK, says: ‘Every employer is required by law to develop Health & Safety policies to minimise the risks to health and wellbeing of employees while at work: this is a company’s “Duty of Care”. In the event of a serious incident at work, the employer is required to produce an audit trail demonstrating its DoC policy minimised the risk to the employee. Without it, prosecution is almost a certainty and that can mean jail time for non-compliant directors.’
In the case of a business driver, the audit trail would have to show the company has made every one of its driver aware that using a mobile phone while driving is illegal and dangerous. It would also have to show that every reasonable step has been taken to ensure its drivers are of a safe and competent standard for the driving they are required to deal with.
‘What fleet operators can overlook is the working time limits include the hours employees spend behind the wheel of their vehicle getting to and from a job,’ continues Jeremy Gould. ‘Additionally, too few can demonstrate to the standard required in a court of law that their employees are expected to obey the speed limits and exhibit appropriate safe driving behaviour.’
Companies such as TomTom WORK can provide the necessary monitoring telematics for a fleet manager or company director to prove a fleet driver has been obeying the speed limits and driving in a considered manner. We may not all like the idea of our every driving move being monitored, but such systems could well come to our rescue should the worst happen and we’re involved in an accident.
However, there is still a great onus on both the company and business driver to make sure we all comply with the Corporate Manslaughter and Corporate Homicide Act. This is to not only be a careful driver, but be seen to be a careful driver.
The image of business drivers as stressed individuals in a rush to get to the next appointment while talking on the phone and slurping a mocha-choca-latte at the wheel is not an easy one to shift from the public’s perception. For every thousand considerate business drivers, it only takes one to tar us all with the same brush.
This is where we must make sure that all fleet drivers are not only aware of their duties under the Corporate Manslaughter and Corporate Homicide Act, but that they act on them to comply.
How individual companies put this into practice is largely up to them, but without them every company director is exposed to prosecution for something they may not be responsible for or even condone. If the threat of a heavy fine isn’t convincing enough to make companies take the Corporate Manslaughter Act seriously, a spell in prison could well be waiting around the corner.
Put a proper plan into place and there is nothing to fret about: it will only be those businesses too lax to comply with the law that will be left with jangling nerves.
Alisdair Suttie
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