New legislation on Corporate Manslaughter

Did you know that if an employee was killed, in a work related car journey, you could face a corporate manslaughter charge?

 

New legislation states that employers are responsible for ensuring that any vehicles used for work-related purposes are correctly maintained. And yet surveys and recent cases have shown that many business owners are unaware of their responsibilities.

 

In a recent case, a company director accepted responsibility for the death of an employee in a road crash. The accident occurred after warnings about bald tyres on the work pool car had been overlooked and the car burst into flames after smashing into a tree.

 

But research carried out by Road Safe and Mercedes-Benz found that 49 per cent of small businesses did not know that a manager or director could be prosecuted if an employee was involved in a crash, while 40 per cent did not have a policy in place to manage road safety.

 

Companies should also ensure their staff know what to do if they break down while driving at work. Many drivers stay inside their vehicles on the hard shoulder instead of finding a safe place to wait. In 2007, 117 people were killed or injured in accidents involving vehicles parked on the hard shoulder.

 

Employers are now required to do a lot more than simply check that vehicles have a valid MOT. If a vehicle is defined as work equipment under the Provision and Use of Work Equipment Regulations the employer is absolutely liable for safety – and this includes maintenance.

 

Experts at BiB Insurance, based in Darlington, are advising businesses to make sure they have sound policies involving risk assessment in place to ensure their staff stay safe.

 

Should the worst happen and an accident occurs the main areas to come under scrutiny will be the brakes, steering and tyres, so employers must ensure that these critical safety systems are in proper working order.

 

BiB Insurance is a longstanding Spiral partner, and can help to guide you through this potential minefield. If you would like more information just contact us.