First Company and Director faced with prosecution

Fleet operators are urged to take note as the first Corporate Manslaughter prosecution against a company and an individual director is authorised by the Crown Prosecution Service.

On 23rd April 2009, a charge of Corporate Manslaughter (which became law on 6th April 2009), was authorised by the CPS against Cotswold Geotechnical Holdings Ltd.

The prosecution is in relation to the death on 5th September 2008 of an employee of Cotswold Geotechnical Holdings Ltd, who  was crushed to death when the sides of an excavation pit he was working in collapsed.

A director of the company has been charged with gross negligent manslaughter and with an offence contrary to Section 37 of the Health and Safety at Work Act 1974.  As a company, Cotswold Geoechnical Holdings Ltd has also been charged with failing to discharge a duty contrary to Section 33 of the Health and Safety at Work Act 1974.

The reviewing lawyer of the CPS Special Crime Division stated that they have concluded that there is sufficient evidence for a realistic prospect of of a conviction for this offence.

The director will appear in court on 17th June 2009, where he faces charges both as an individual, and on behalf of the company. If convicted for gross negligent manslaughter, he could face a maximum sentence of life imprisonment, whilst a conviction for Corporate Manslaughter could see the company faced with an unlimited fine.

PLEASE REMEMBER

All companies with employees who drive on company related business have a duty of care under Health & Safety law to ensure that, as a bare minimum,  a work related risk assessment has been undertaken, the results of which must be acted upon in an appropriate manner. This applies regardless of whether the vehicle is company owned, a hire vehicle, or is the employees own.

Please make use of our FREE online risk assessment tool and please contact us for details of our FREE driver policy document.

Bill Plant Fleetcraft Ltd, one of the UK’s leading Occupational Road Risk Management and Driver Training specialists, has changed its name and is now Corporate Driver Management.

Bill Plant CDM Ltd takes pride in its services, delivering measurable and tangible results, not only in the field of Occupational Road Risk Management and Consultancy but also driver training to a very high standard. The results include reduced accident rates and improved fuel economy as well as lower fleet operating costs. Working in partnership with local authorities, fleet operators, contract fleet hire companies; Bill Plant CDM Ltd has a proven record, of which it is justifiably proud.

You can can now find Bill Plant CDM Ltd at www.corporatedrivermanagement.co.uk.

Benefits of Corporate Driver Management

Case studies and research have shown that benefits from managing work-related road safety include:

• Reduced accidents and collisions
• fewer days lost due to injury
• reduced risk of work-related ill health
• reduced stress and improved morale
• less need for investigation and paperwork
• less lost time due to work rescheduling
• fewer vehicles off the road for repair
• reduced running costs through better driving standards
• fewer missed orders and business opportunities so reduced risk of losing the goodwill of customers
• less chance of key employees being banned from driving, e.g. as a result of points on their licences or ill health

Corporate directors and managers who ignore the management of employees’ driving for work could face two years in jail or a fine of upto £20,000 imposed by a Magistrate as new laws come into effect. The new Health and Safety (Offences ) Act 2009 came into force on 16 January 2009. It is aimed at punishing individuals who breach health and safety rules. However, unlike the Corporate Manslaughter and Homicide Act implemented in April last year, the breach does not have to result in a death.

Protect your company now. Bill Plant Fleetcraft Ltd takes pride in its services, delivering measurable and tangible results, not only in the field of Occupational Road Risk Management and Consultancy but also driver training to a very high standard. The results include reduced accident rates and improved fuel economy as well as lower fleet operating costs. Working in partnership with local authorities, fleet operators, contract fleet hire companies; Bill Plant Fleetcraft has a proven record, of which it is truly proud.

When driving a vehicle you are not only taking your own life into your hands, but also the lives of your passengers and of other drivers with whom you share the road.  If someone would happen to perish due to negligence on your part while you were behind the wheel, you could be charged with Corporate manslaughter.  While this is considered a misdemeanour charge, the action still carries severe penalties and the weight of guilt that you will have to bear for the rest of your life.  The term “vehicular manslaughter” is often used in accidental death cases where the defendant is being prosecuted for driving under the influence of drugs or alcohol, and usually includes a lesser infraction such as driving on a suspended or without a license, and a charge of negligence.

Offences such as corporate manslaughter does not usually require the perpetrator of the crime to have criminal intent.  In other words, they did not premeditate the crime; it was due to their negligence instead.  For this reason, operating a motor vehicle of any sort while under the influence of illegal drugs, prescription drugs that could cause drowsiness and alcohol carry very stiff penalties which include fines, loss of driving privileges and jail time.

It is worth reminding anyone who is connected with a company, which has vehicles and drivers, that they are now subject to the Corporate Manslaughter Bill which became law on the 6th April 2008. Fleet operators and others, if they have not already done so, should familiarise themselves will the risks associated when operating vehicles as part of their business.

Bill Plant, which is one of the UK’s leading Occupational Road Risk Management and Driver Training specialists, can provide up to the minute training and advice on the risks that are involved, not only in the field of Occupational Road Risk Management and Consultancy but also driver training to a very high standard. By taking part in this Fleetcraft Training, your company will see lower fleet operating costs, a reduction in accident rates as well as improved fuel economy. Reduce your costs and road risk by contacting us now, for your Corporate Driver Training.

Corporate Manslaughter training  is really about saving lives. Statistics show that more people are killed at work than are killed in the wars. Remember, you as an Employer are responsible when your staff drive a company vehicle. Fleet manager’s need to pay special attention to the Corporate Manslaughter Act. This is where Corporate Manslaughter Training comes in and is offered by Bill Plant Fleetcraft.

The  Corporate Manslaughter Act is not the easiest UK law to follow, this is why Fleetcraft offer specific training on the subject.  Organisation’s can be found guilty and effectively charged with Corporate Manslaughter if they do not protect themselves and train their employee’s appropriately.

It’s a frightening fact but more people are killed when at work each year than in the wars. The UK have gone to great lengths to do something about this problem which is why the law has responded with the Corporate Manslaughter and Corporate Homicide Act which here at Bill Plant Driving School we feel it is important for you to be aware of.

The legislation itself seems to be a great improvement on that of the past and makes it easier for companies who are simply not taking care to make sure their driver’s are safe to be convicted more easily.

Basically, companies out there that have good safety policies should not live in fear of the new law. But let’s face it as a company how many times do you review your safety policies and are you really confident that you have the necessary procedures in place to make your staff safe?

Here is where Bill Plant can help you.  Look at our Occupational Road Risk Management section in the Fleetcraft section of the driving school website. The reduction of driving accidents through fleet operation training has already been proven.

Protection of your company is essential and the backup from experienced consultants is paramount. Corporate driver training is not just the phrase of the moment it can potentially be life saving.

An article published in the Times on Thursday 25th October 2007 drew attention to the Corporate Manslaughter and Corporate Homicide Act coming in to effect on April 6, 2008 which will affect all companies regardless of their size.

The Times article pointed out that employers will face prosecution over crashes that involve the 3 million company cars and the 1 million employees whose own cars that are used on company business. In this latter category, employers have a duty to ensure that the employees own vehicle is properly insured for business use, has a current MOT certificate and is regularly maintained in accordance with the manufacturer’s guidelines.

It is a know fact that driving when part of ones job is the most dangerous of all work related activities, with over one third of UK accidents involving someone driving for work, it is sobering to note that 150 deaths and serious injuries are incurred in accidents involving someone driving for business each week.

Regrettably, there will always be accidents involving motor vehicles, but research has shown that drivers who have participated in fleet training are far less likely to be involved in an accident, with the added benefit of less wear and tear on the vehicle and a reduced fuel consumption. Driving at work is a high risk activity and the time to act is now.