Provisions of the Corporate Manslaughter Act (the "Act") mean companies could end up in court facing charges of causing death by negligence in relation to its driving workforce.
Companies which fail to ensure staff drive safely in their in their work capacities are likely to be a prime target for the corporate manslaughter legislation. Health and safety laws provide that employers must make sure all work equipment is suitable for its intended use and that it is properly maintained and used. This is tied in to corporate manslaughter because under the Act, health and safety legislation means "any statutory provision dealing with health and safety matters" so it will include transport matters. As such organisations could be negligent if they don't ensure that both employees and vehicles are fit to be on the road.
Driving is already deemed to be one of the most dangerous activities that people can partake in during their normal daily lives, however as many people drive as part of their working lives the risk has been significantly increasing over the years. If a company relies on its workforce using vehicles for work then they are responsible for ensuring safety on the road.
Companies must therefore carry out careful checks and amongst other things should ensure that:
1. Vehicles have current MOT certificates and are suitably insured for use
2. Drivers hold licenses
3. Vehicles are roadworthy, serviced and maintained
4. Employees are given sufficient time in which to complete journeys and undue pressure is not applied
Police are implementing tough regimes when it comes to cracking down on employees in driving situations. For example, police will ask the see evidence of MOT and valid insurances from employers where an employee has been involved in any form of collision and furthermore the police have the ability to check whether managers have made excessive demands on the driver and required him/her to drive whilst tired.
Where pressure has been placed on employees, or employees have driven poorly maintained vehicles police may consider these as significant contributing factors to any accident. The result of this is that the company concerned could be considered at least as liable, if not more so, than the driver in question.
Companies are therefore urged to act prudently in relation to health and safety of their driving workforce. Management must be confident that procedures are in place to ensure that all people who drive in any connection with their employment are properly trained, their vehicles are adequate and that their workload is scheduled to ensure that they are not being placed at risk.
Franklins Solicitors LLP urge companies to consider the effects that corporate manslaughter legislation may have on their businesses and should you have any questions regarding company law, please feel free to contact us without obligation on 01908 660966.
