
From recent news coverage you are probably aware that as from 6th April next year the new Corporate Manslaughter & Corporate Homicide Act becomes law. It is considered legal opinion that prosecutions for corporate manslaughter will increase substantially as a result of the new powers.
In the event of a road fatality or serious injury, the police will
investigate in accordance with guidelines contained in the Road Death
Investigation Manual. In addition the police will also refer to the
guidelines set out in the Health & Safety Executive’s guide INDG382
“Driving at work (managing work-related road safety)”.
Presently to convict an organisation of manslaughter following a work-related death, it must be proved someone senior in the organisation, often referred to as the directing mind, is also guilty of manslaughter. This makes prosecuting large organisations difficult. The new offence does away with the requirement for proving the guilt of a directing mind. In the future an organisation will be guilty of corporate manslaughter if death is caused by a gross breach of its duty of care that is substantially due to senior management failure. Thus the failures of a number of senior managers can be aggregated to prove the case.
The question is this: are you the person responsible for managing
work-related road safety? If it is your responsibility and part of your
job specification then you will be first port of call for any
investigation involving a fatality or serious injury. Are you sure that
you are doing enough?
You must be certain that whatever processes and procedures regarding work-related road safety are in place are robust enough to stand up to a comprehensive audit. RiskMaster can provide you with that level of comfort. To find out more please contact marcus@fsguk.com.
Document Download: Download our latest Countdown leaflet and lettter below. To your computer, Right Click and select "Save Target As.." Download Leaflet