Act: covers business driving
By Dr Will Murray, research director, Interactive Driving Systems
Under the new new UK Corporate Manslaughter (England, Wales and Northern Ireland) and Corporate Homicide (Scotland) Act, which commences 06 April 2008, employers have a Duty of Care to ensure the safety of employees driving for work purposes.
Prosecutors will no longer have to identify the single individual, director, or senior manager responsible before they can bring criminal proceedings.
The new legislation simply requires that a significant element of the procedure that caused the incident must be at a management level.
It means that senior managers and directors will be more accountable after any fatal work related collision.Employers must ensure risk assessments are carried out and recorded, followed by auditable measures to minimise and manage the risks to employees.
Although some influential voices suggest this will be a burden to organisations, it should be embraced as an opportunity to improve safety, profitability and employee effectiveness by reducing road crashes, fuel use, insurance, maintenance and fleet costs.
The current law prior to 06 April 2008
To secure a conviction currently, the prosecution must identify an individual
