Corporate Manslaughter – Update

Corporate Manslaughter The first convictions under the Corporate Manslaughter and Corporate Homicide Act 2007 have now taken place.  This has a serious impact on businesses, especially motor fleet operators. The fines alone can put a company out of business and these are set to become more severe as time goes by, with guidelines suggesting the fines should start at £500,000, running into millions of pounds. So what does this have to do with fleet operators?  The Health and Safety regulations also apply to vehicles and in the event of an accident resulting in a death, the Act can be applied.  If the accident is as the result of a negligent act by a senior manager (or transport manager) it is likely the company will be prosecuted under the Act (currently drivers are usually the ones fined under the Road Traffic Act however this is not only going to be the case under the current legislation). So what can you do? Every business should ensure their staff (or drivers) are fully trained and details recorded of all these sessions.  Companies must fully recognise the responsibilities of their managers to their employees and always excersise a duty of care in their day to day operations. What next?  The best advice we can suggest is ensure your risk management strategies are effective and operating correctly.  This will not only provide you with a happy workforce but ensure safety and ultimately reward you with lower insurance premiums.  Your insurance broker should help you achieve this. For advice and help on risk management speak to David or Roy at Bromwall Ltd on 01707 883377.


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