Corporate Responsibility
On the road
New legislation raises the penalties for organisations that have not adequately taken into account health and safety issues involving drivers/vehicles or where an employee’s car is used for business purposes.
The Corporate Manslaughter Act came into effect in April 2008. In the event that a serious road accident occurs with one of your organisations vehicles and results in a death, then the police will review how the company’s occupational road risk has been managed. Key questions will include:
• was the vehicle roadworthy?
• was the driver fit to drive/competent? and
• was the journey too great a distance in the time available?
If there is a prosecution, organisations are likely to be charged with breaching the Health and Safety at Work Act 1974, as well as the new Act. There are compelling financial and legal reasons for businesses to manage road health and safety effectively. For example, a serious accident or breach of health and safety law could result in prosecution (both for the organisation, senior staff and directors), fines, legal requirements to carry out improvements, and potential damage to your public image.
Background
Around 3,000 people die on Britain’s roads each year and 40,000 are injured. A government report estimates that up to one-third of all traffic accidents, representing around 1,000 fatalities, may involve someone who is at work at the time.
Up to now, the protection of staff, directors and members of the public from traffic risks has been mostly a matter for specific road traffic law, usually enforced by the police and courts. Under the current enforcement framework, the police force is the principal authority dealing with contravention of road traffic law. Employers may be prosecuted for offences such as:
• causing or permitting a person to drive without a relevant driving licence or a vehicle to be driven while in an unroadworthy condition;
• failing to have recording equipment installed in vehicles;
• failing to inspect regularly goods and passenger vehicles;
• setting such tight timetables or schedules that the driver would be breaking speed limits, or failing to ensure that drivers take breaks or rest periods if they attempted to meet them; and
• employers are responsible for ensuring that all vehicles used on business are properly taxed and insured.
Implications for companies and organisations
The most significant implication for an organisation is likely to be with employees driving their own vehicles for the purpose of hire and reward. However if the organisation is a voluntary group operating under Section 19 the law will still apply.The organisation must demonstrate a proactive approach to managing occupational road risks. Systems must be in keeping with the principles set out in The Management of Health and Safety at Work Regulations 1999, often referred to as HSG65.
All organisations and companies employing staff to drive on the roads should review and strengthen their arrangements for managing occupational road risk, particularly to:
• integrate the management of risk within health and safety programmes;
• implement risk assessments for all on-the-road driving activities;
• demonstrate as well as achieve legal compliance;
• begin a driver awareness programme;
• the driver and school must be aware that he or she has a duty to keep their vehicle in a roadworthy and lawful condition;
• the driver must have a valid driving licence;
• the vehicle’s Road Fund Licence and MOT must be up-to-date;
• they must have a valid business insurance certificate;
• the car must be regularly inspected by a repair garage and be regularly serviced; and
• any vehicle being used on school business has to conform to the legislation.
These matters may seem peripheral to your organisations core role, but the implications of something going wrong – and without having prepared for its possibility – could be devastating.
Additionally in January saw the introduction of the Health and Safety Offences Act 2008.
The new law toughens the sentencing provisions contained in the Health and Safety at Work Act 1974. The legislation is aimed at punishing individuals just as the 2007 Corporate Manslaughter and Corporate Homicide Act, which was implemented in April last year, targets organisations where breaches of health and safety laws result in death..
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