The Act

Fleet operators need to brace themselves for a raft of new legislation which due to be introduced in April 2008 with new rulings on corporate manslaughter. Fleet operators need to prepare for the changes ahead of there introduction.

The New Legislation is a landmark in law and the culmination of tens years of campaigning by unions and other groups. The  idea behind it is straightforward: the government believes it has been virtually impossible to prosecute large companies for management failures leading to at-work deaths, mainly because in most cases an individual had to accountable. The act means that for the first time, companies themselves can be found guilty of corporate manslaughter on the of gross corporate failures in health & safety.

The Risks

The risk to the employer when the driver is supplied with a company car, which is maintained by a leasing company, is much less than when a driver arranges their own vehicle through a cash allowance. The employer should check & review the following at regular intervals:

1. The driver has a valid driving license (keep records of any penalty points).

2. The driver has obtained suitable insurance to drive a vehicle on business (Keep a record of policy number & expiry date).

3. The vehicle is serviced & has a valid MOT4.

4. The driver has had adequate training.

How Compliant is you Organisation?

1.  Do you have a written health & safety policy that includes your fleet?

2.  Is your health & safety policy audited and improved every year?

3.  Are you sure that your policies and procedures are consistently?

4.  Do your procedures protect you from potential corporate manslaughter and aiding and abetting prosecution?

5.  Do you monitor actual driving hours per day, week and month?

6.  Do you have a policy in place in place regarding the safe and legal use of mobile phones?

7.  Does your company regularly check driving licenses and if the driver has insurance that covers business usage?

8.  Can you provide a full audit trail, and show that Health & Safety have been reviewed and improved upon were necessary?