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Keep on the Right Side of the Law
Written by Neil Hopkins
, Tuesday, 12 February 2008
Sussex businesses could face charges of causing death by negligence and unlimited fines if they fail to comply with new laws.
From 6 April 2008, the Corporate Manslaughter and Corporate Homicide Act, which is linked to existing health and safety requirements, will come into force and will affect business of all sizes, with a particular emphasis on issues relating to transport, food and the workplace.
Business Link’s Laurence Thomas said: “Although the new law may sound a little alarming, organisations that comply with the current health and safety laws should not be liable to prosecution under the new offence of corporate manslaughter. However, companies that fail to ensure that staff are driving safely are the most likely to fall foul of the new legislation.”
Under the new Act, employers must ensure that staff are insured for business use, have an MoT certificate for their vehicles and have a valid driving licence. Managers must not make excessive demands on employees by forcing them to drive when tired. Organisations will be negligent if they do not ensure that employees and vehicles, belonging to both the company and employees, are fit to be on the road.
If prosecuted under the new Act, companies could face unlimited fines, remedial orders - requiring a company to take steps to remedy any management failure that led to a death - and publicity orders which means the organisation must publicise the fact that it has been convicted of the offence.
Laurence Thomas continued: “Business Link provides information and access to extensive advice and support on managing health and safety in the workplace including creating and implementing a policy, carrying out risk assessments and recording and reporting accidents. We also operate an interactive tool that gives an indication of how well a company is handling health and safety and provides targeted guidance on how to improve.”
To receive the latest information on managing health and safety in the workplace, or to request a free copy of the guide ‘Driving at Work – Guide to Managing Work-Related Road Safety’, call Business Link on 0845 600 9 006 or visit the website www.businesslink.gov.uk/southeast
Business Link’s Laurence Thomas said: “Although the new law may sound a little alarming, organisations that comply with the current health and safety laws should not be liable to prosecution under the new offence of corporate manslaughter. However, companies that fail to ensure that staff are driving safely are the most likely to fall foul of the new legislation.”
Under the new Act, employers must ensure that staff are insured for business use, have an MoT certificate for their vehicles and have a valid driving licence. Managers must not make excessive demands on employees by forcing them to drive when tired. Organisations will be negligent if they do not ensure that employees and vehicles, belonging to both the company and employees, are fit to be on the road.
If prosecuted under the new Act, companies could face unlimited fines, remedial orders - requiring a company to take steps to remedy any management failure that led to a death - and publicity orders which means the organisation must publicise the fact that it has been convicted of the offence.
Laurence Thomas continued: “Business Link provides information and access to extensive advice and support on managing health and safety in the workplace including creating and implementing a policy, carrying out risk assessments and recording and reporting accidents. We also operate an interactive tool that gives an indication of how well a company is handling health and safety and provides targeted guidance on how to improve.”
To receive the latest information on managing health and safety in the workplace, or to request a free copy of the guide ‘Driving at Work – Guide to Managing Work-Related Road Safety’, call Business Link on 0845 600 9 006 or visit the website www.businesslink.gov.uk/southeast
