Legislation
Have you got your “Act” together?
The Corporate Manslaughter Act 2007 took effect on 6th April 2008 and is
a landmark in UK Law. Companies and organisations can now be found
guilty of Corporate Manslaughter as a result of serious management
failures resulting in a gross breach of relevant duty of care. Failure
to comply with the Act could result in considerable penalties or fines
as high as 10% of a company’s annual turnover. In addition to the duties
you have as an employer under the road traffic law you also must take
into consideration Health and Safety.
With the revision of this legislation coming into force companies and
their directors now need to be aware of the specific responsibilities
upon them.
The new law will focus the attention of companies and organisations by
ensuring that they take their health and safety obligations seriously.
On April 6 2008 the long awaited Corporate Manslaughter Act came into
effect. Companies or organisations whose gross negligence causes the
death of an individual now face prosecution for manslaughter. Most
significantly is the need to ensure that any individual who drives in
the course of their job or for business purposes must have their
competency assessed.
In the worst case scenario's the potential repercussions are
significant, with an upper limit of potential fines that could be passed
to a company now being 10% of their turnover.
Although there is the possibility that in extreme cases they could be
unlimited.
Many companies believe that by simply checking that an employee's basics
are covered i.e. they hold a valid driving license that this will be
sufficient. However this is not the case!!
We will also advise you on driving policy and complete checks of all
documentation required by the legislation - taking the burden from
clients simply and effectively.
The regulations require you to periodically review your risk
assessment so that it remains up to date.
