Latest Legislation
What are your Legal Requirements?
The law requires an employer to ensure, as far as is reasonably practicable, the health and safety of employees whilst at work and this includes driving at work. There are many complex regulations and guidelines related to this subject so we have put together some information and links to help you through the complexities.
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.
Follow this link to download a PDF booklet provided by The Health and safety Executive. The Driving at Work booklet contains a wide range of useful information.
Health and Safety Road Risk Requirements
Health and Safety at Work Act 1974
This requires you to ensure as far as is reasonably practicable, the health and safety of employees whilst at work. Employees driving on company business are considered to be undertaking a work related activity, and the vehicle they are driving is regarded as a place of work. You also have a legal responsibility to ensure that others are not put at risk by your organisation's work related activities.
Management of Health and Safety at Work Regulations 1999
This requires you to carry out an assessment of the risks to the health and safety of your employees whilst at work, and to others who may be affected by their work related activities. Remedial and ongoing training should be implemented. You are required to review this risk assessment periodically.
The Corporate Manslaughter and Corporate Homicide Act 2007
Changes to the corporate manslaughter laws on April 6th 2008 now mean that companies whose staff are involved in serious accidents could be liable for gross negligence. 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.
- More detailed information is available at http://www.hse.gov.uk/corpmanslaughter/index.htm
- The Ministry of Justice leads on the Act and more information is available on its Corporate Manslaughter and Corporate Homicide Act 2007 webpage[1].