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 you drive it is your responsibility to make sure your car is in the best shape possible.  Accidents usually happen due to human error, but sometimes they are caused by a malfunction in your vehicle.  It is imperative that you maintain your vehicle so that you can avoid any equipment malfunctions that could inadvertently cause an accident.  Vehicle manufacturers are obliged to make sure the automobiles they make meet at least the minimum standards set out by the law.  This is one of the reasons why they are constantly making improvements to their product to make them easy and safe to drive, including safety measures such as airbags and safety belts.

Brake systems are highly advanced dual circuit systems.  This keeps a complete brake failure from happening, but faulty brakes could keep a vehicle from slowing down or stopping properly.  Most vehicles are made with disc brakes and many have systems that keep them from the locking during an emergency.  Regardless of the type of transmission your car has, it should always hold the road.  Front wheel and rear wheel drive vehicles both handle differently on varied terrain, as does 4-wheel drive.  Know how your vehicle is supposed to handle before getting behind the wheel.

The inside of the vehicle is just as important.  Always make sure your seat is set so that you can easily reach the controls, see the road ahead, and are comfortable while driving.  Always use your safety restraints and make sure that any child that is traveling with you is also properly restrained, in a child safety seat if applicable, and away from air bags.  If your air bags do deploy due to an accident, make sure you have it replaced by a licensed technician.

Many people drive for a living, whether they are a courier for a firm or the driver of a large truck.  It has been estimated that close to one third of the traffic accidents that occur on the roads in the United Kingdom involve someone who is driving as part of their job.  With close to eight hundred collisions a year, and up to one thousand deaths because of it, job related driving is one of the riskiest activities a person could engage in while in employment.  In 2003, the Health and Safety Executive (HSE) announced that all companies with five or more employees will be heavily investigated if any of their workers are involved in a motor accident.  Employers who cannot provide proof of adequate procedures and polices that are put in place by the company could risk prosecution and imprisonment.

According to information released by the HSE, employers, managers, or supervisors that have staff that drive a vehicle for their job are responsible for ensuring that their employees understand road safety as it pertains to their job.  The employers must make sure the vehicles are in a safe working condition and complying with all laws.  They are also required to make sure their employees’ safety and the safety of others are not put at risk.  They must manage all health and safety issues effectively, and review, monitor, and assess how the policies and procedures are being followed.

The law is designed to protect any staff member who needs to drive as part of their everyday job.  This would include driving short distances for off-site meetings, site visits, and business travel, say to another city.  Both company and privately owned vehicles are covered.  By having an occupational road-risk management program in place, companies can do their part to reduce the number of serious accidents and fatalities.

It has never been more important than now to ensure that all employees within a company who has either, access to, or drives company vehicles are full trained and aware of the legislation now in place that affects them and their employers. This also includes those drivers who use their own vehicles for company use, either as part of the job, or on a temporary basis.

The consequences for the company can be very serious in the event that the employee is involved in an accident, or the vehicle is defective, or not correctly insured. At Bill Plant Fleetcraft Ltd., as one of the UK’s leading Occupational Road Risk Management and Driver Training specialists, we provide an extensive range of 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. Contact us, the Corporate Manslaughter Bill became law on the 6th April 2008!