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RoadSafe campaigns have vigorously supported the HSE Driving at Work initiative to tackle the management of occupational road risk.
The initiatives to improve road safety have now being complemented by legislation…with teeth.
Both directors and their companies can now face criminal and civil prosecution.
Unlimited fines, remedial orders and publicity orders will be handed down if guilt of serious management failures resulting in a gross breach
of the duty of care is found in managing occupational road risk.
In 2011, criminal prosecutions in relation to the Corporate Manslaughter Act have been successfully pursued.
A recent trial imposed a fine of 112% of the defendant’s annual corporate turnover.
LATEST NEWS
Lion Steel Equipment Ltd has been charged with corporate manslaughter under the Corporate Manslaughter and Homicide Act (CMHA) 2007. This is a further prosecution to be brought under CMHA and follows the conviction of Cotswold Geotechnical Holdings Ltd for corporate manslaughter earlier this year.
The company has also been charged under sections 2 and 33 of the Health and Safety at Work Act 1974 (HSWA) for failing to ensure the safety at work of its employees.
In addition, three of the company’s directors have each been charged with gross negligence manslaughter and also face charges under section 37 HSWA for failing to ensure the safety at work of their employees.
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To support companies and their management teams address this critical issue, we are pleased to introduce the RoadSafe Business Driving Toolkit.
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Under the Management of Health and Safety at Work Regulations 1999, an assessment must be undertaken of the risks
to the health and safety of employees, while they are at work, and to other people who may be affected by their work activities.
For organisations with five or more employees the assessment must be written.
The Regulations require a periodic review of the risk assessment so that it remains appropriate.
Cotswold Geotechnical Holdings were convicted under the Corporate Manslaughter and Corporate Homicide Act 2007 at Winchester Crown Court
in February 2011 and were fined £385,000 following the death of an employee.
Under CMHA, a company is guilty of corporate manslaughter if the way in which its activities are managed or organised by its senior management causes a person's death, and amounts to a gross breach of a duty of care owed by the organisation to the victim, and is a substantial element in the breach of duty.
