Duty of Care
The government has brought in the 'Corporate Manslaughter and Corporate Homicide Act 2007.
'Duty of Care', is an obligation that a company is held under to ensure that it is complying with the legislation.
The law affects everyone who drives on company business. There are no exceptions. Whoever is driving, Directors or General Employees, anyone who is in the act of driving whilst on company business is affected and the company is responsible for them whilst carrying out their duties.
The law is designed to bring all incidents resulting in a fatality and or injury of personnel driving on company business under one single piece of legislation.
Companies are now responsible for ensuring that all vehicles that are used on company business are fit for purpose and are in a roadworthy condition. The Law holds no regard as to whether the car is owned by the company or an employee privately. If personnel are driving on company business then the law applies.
It's easy to think that your employees do not drive on company business. But typical circumstances can conspire against a company that takes this simplistic view. For example; an administrator is sent to the Post Office on an odd occasion and they use their own vehicle. This is driving on company business. Likewise if an employee is asked to attend a company seminar away from their place of work, say at a local hotel. The individual leaves their home in the morning and drives straight to the hotel, they are instantly deemed to be driving on company business.
An employer is responsible for carrying out the necessary checks to ensure that individual drivers are driving 'legally'. For example you must make regular checks to ensure that an individual driver is legally licenced to drive. For example checks are required to make sure that the employee is not driving whilst banned, hold a valid UK Drivers Licence or that they do not have a medical condition that bars them from driving legally.
It's a common trap to think that by encouraging individual drivers back into their own privately owned vehicles that the Duty of Care legislation has somehow been side-stepped.
Unfortunately this is not the case and it can lead to a greater risk of prosecution to the Company and its Directors.
It is often the case that by disposing of fleet vehicles and putting employees back into their own cars leaves the company at an even greater risk of prosecution.
The responsibility for the condition of privately owned vehicles used whilst carrying out company business lies with the employer. The risk to the company is worsened because the monitoring of private cars and assessing whether they are fit for purpose is that much harder.
A fleet manager cannot easily see if a private car has been serviced correctly and in accordance with manufacturer's guidelines. There is no indication whether the vehicle is running on legal tyres or has unrepaired damage. The driver might be using unapproved ways of looking after the maintenance of a vehicle. They might employ a next door neighbour who fixes vehicles on the side to carry out a service or repair.
As a consequence an employee might well find themselves as a passenger in a vehicle that is a danger and not roadworthy. Is this driver insured for driving whilst on business? The vehicle may well pose a risk to the driver, the passengers or the public at large so what if that vehicle is involved in an accident resulting in a serious accident or a fatality? A fleet manager has little or no control over this type of vehicle.
This is why a company has a 'Duty of Care' to comply with the Corporate Manslaughter legislation.
Where death or serious injury has been caused by a company not meeting its obligations to comply with the law then that company will be found to be negligent.
It's the company's responsibility is to regularly assess the risks involved with individual drivers and vehicles used in the course of company business. The assessment of vehicles is an ongoing process, not a one off action.
Satisfactory policies and procedures must be put in place. If you have demonstrated that you are doing all you can to comply with the regulations then this will offer both you and your company a high level of protection against Police prosecution under the Road Traffic Act. You may also be prosecuted under the Health and Safety (Offences) Act 2008 or the Health and Safety at Work Act 1974.
We have attempted to give an you an overview of the government legislation in order to help you assess whether all is being done by your company to ensure that it is complying to the laws imposed in the, 'Corporate Manslaughter and Corporate Homicide Act 2007'.
You may well then choose to address and implement the recommended compliance changes to your company's working practices. Our advisers will be there if needed to guide you through these changes which will give both you and your company peace of mind. You will be left safe in the knowledge that you have taken the appropriate steps to protect your company from breaking the road traffic laws.
For More information e-mail Mr Malcolm Wynde and he will be glad to get back to answer any questions you may have. e-mail; malcolm.wynde@charterhousemedia.co.uk.