Driver Training From Alan Bryant A.D.I.

The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.

The Act, which came into force on 6 April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality.

HSE welcomes and supports the Act. Although the new offence is not part of health and safety law, it will introduce an important new element in the corporate management of health and safety.

Prosecutions will be of the corporate body and not individuals, but the liability of directors, board members or other individuals under health and safety law or general criminal law, will be unaffected. And the corporate body itself and individuals can still be prosecuted for separate health and safety offences.

The Act also largely removes the Crown immunity that applied to the previous common law corporate manslaughter offence. This is welcome, and consistent with Government and HSE policy to secure the eventual removal of Crown immunity for health and safety offences. The Act provides a number of specific exemptions that cover public policy decisions and the exercise of core public functions.

Companies and organisations should keep their health and safety management systems under review, in particular, the way in which their activities are managed and organised by senior management. The Institute of Directors and HSE have published guidance for directors on their responsibilities for health and safety entitled ‘Leading health and safety at work: leadership actions for directors and board members’.

Source: Health & Safety Executive 

 Company Business in Private Vehicles

An area of Fleet Management that is often overlooked or misunderstood is the issue of private vehicles being used by employees for company business.

Approximately 3 million fleet cars are managed under fleet management schemes throughout the UK compared to approximately 5 million private vehicles used for company business that are frequently ignored by such Fleet Management Schemes.

83% of organisations have no procedures in place that check that non-company vehicles used on business meet required standards of safety and maintenance

75% of organisations fail to check that non-company vehicles met MOT legislation

35% of organisations fail to undertake any form of licence check for non-company drivers

54% of organisations fail to check if non-company vehicles used for company business are correctly insured

74% of organisations fail to carry out any form of risk assessment or driver training for non-company drivers

56% have no policies for reporting crashes in which an employee is involved driving a non-company car.

The current Duty of Care Legislation applies to all vehicles used on behalf of a company or organisation regardless of ownership including the Cash for Car Schemes.

Many organisations believe that they can simply pass off their responsibility by offering such cash for car schemes. This is wrong and organisations must recognise their responsibility.

Organisations must act quickly to implement policies and procedures to ensure all employees who drive on company business regardless of vehicle ownership or origin are managed in the same manner as any other health and safety at work issue.

EXAMPLE:

Like many organisations Education Authorities rely on the goodwill of staff and employees when attending of site meetings either in or out of school hours.

Some Education Authorities believe that simply stating in policies displayed on their Intranet that drivers are responsible to ensure that their vehicle has business cover is adequate with regard to duty of care.

Organisations should understand they have the same obligations for all employees driving on company business.

Do not fall in to the trap and believe that you can not be expected to manage those of your staff who drive their private cars on business purposes.

The legislation refers to employees driving any vehicle on company business - it does not refer to company cars.

Source Fleet World

 Benefits of Fleet Driver Training include                                                                                      

• Savings of insurance costs                                                                                        
• Better fuel economy
• Fewer car repairs
• Savings on car maintenance costs
• Fewer accidents
• Less personnel down time due to injuries
• Less vehicle down time

By undertaking Fleet Driver education for your workforce, your company will not only be complying with the regulations of the corporate manslaugheter act 2007, but you will also be reducing your motoring costs, improving company moral, reducing accidents and improving road safety.