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Soaring price for failing in your duty of care

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2 December 2015

Drivers will get a risk profile followed by targeted training to address any problems which can be purely online, or a combination of in-car and online instruction.

Administratively, the online elements form an excellent audit trail for each participant–a vital cog in the Health and Safety, Duty of Care and Corporate Manslaughter compliance chain.

Many small businesses find the cost of driver assessment and training is too expensive so they just don’t bother.

Fines for corporate manslaughter could be as high as £20 million for a business with a turnover in excess of £50 million, while for fatal health and safety offences they could reach up to £10 million.

The figures are proportionally less for smaller businesses but could still be substantial.

But non-compliance isn’t an option. You must show a Duty of Care to your employed drivers, and – if anything goes wrong and a driver has an accident, is injured or causes injury or worse still there is a fatality – you must be able to demonstrate that you have done so or potentially face very severe consequences.

Under proposed sentencing guidelines large businesses found guilty of the most serious health and safety offences could face significantly increased sentences.

For example, fines for corporate manslaughter could be as high as £20 million for a business with a turnover in excess of £50 million, while for fatal health and safety offences they could reach up to £10 million.

The figures are proportionally less for smaller businesses but could still be substantial.

The increased sentences and fines, if confirmed, are expected to take effect from early next year.

  • Don’t forget company car managers that allow their drivers to drive with defective equipment on their cars, such as tyres with illegally low tread, are also failing in their legal duty of care.

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