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.