Driving at Work is an area that needs particular attention with regards to the implementation in April 2008 of the 'The Corporate Manslaughter Bill' (Corporate Homicide in Scotland), due to the number of accidents and resulting prosecutions that occur.

We reported last week on the implications of the new legislation and feel that driving at and for work could be over looked as an important area of concern.

Most companies now have employees who drive as part of their job. Many companies have opted out of the company car scheme, and allow employees to use their personal vehicles for business, or on occasions staff may be required to run short trips or travel to meetings on behalf of the company, although driving for work is not a regular and daily part of their duties. Risk management will still apply in this case and you should therefore take all your employees into consideration in your risk management for driving at work.
You will need to check employees' licenses', insurance cover and the condition and safety of the vehicle as you would a company provided car.

Should a fatal road accident occur, and when the Police check mobile phone records, if they show that the employee was on the phone at the time of the accident, whether hand-held or even hands-free, not only can the employee be prosecuted with criminal Manslaughter charges, but, the company too. Should investigation prove reckless disregard of the new legislation, companies will not be treated lightly and the result for the individual whose negligence can be linked to the death, is prosecution for manslaughter and on conviction the likelihood of imprisonment. 

The Company can also be prosecuted for Corporate Manslaughter due to lack of proper management procedures.  A civil case would inevitably follow a successful criminal prosecution; the largest successful civil claim to date against an organisation for this offence is £9.25M (as the hands-free kit was provided by the employer).

If this is an area of concern for you, take a look in the Members area at 'Health and Safety on the move' in the Management Section and 'Driving at Work' in the A-Z.  Here you can access a downloadable Safe Driving Policy that you can adapt to your company needs, and you can familiarise yourself with procedures and good practice for your mobile staff.

Should you have any questions, remember our 'Experts' are always on hand to guide you.