CULTURE SHOCK

Businesses are being warned by Masterlease to make health and safety a part of their culture and not just a box to be ticked, as the long-awaited Corporate Manslaughter Act comes into force on 6 April 2008.
April 2008

For the first time in legislative history, juries will be asked to consider the “attitude” of an organisation towards risk if it is investigated for Corporate Manslaughter.  Masterlease says that with this in mind, fleet and HR managers must review practice and policy as they can no longer take a reactive approach to health and safety. 

Gavin Jones, accident and rental service manager at Masterlease, comments:
“It is more important than ever that health and safety moves up the priority lists of all employers and becomes a part of the company culture.  The jury on Corporate Manslaughter cases will be shown evidence such as emails, figures on company accident rates, letters from health and safety inspectors, attendance on driving courses and course content, and asked to decide from this if the fleet or HR manager had a good attitude towards the safety of its business drivers.

“Companies that have a less stringent approach to fleet safety could find themselves facing serious charges if a driver is involved in a fatal road accident.”

Recent figures by RoSPA, revealed that the accident rates of business drivers in Britain is 35 to 50 per cent higher than private drivers and between 800 to 1,000 deaths each year are linked to drivers on the road for work purposes, making it the country’s biggest occupational health and safety problem. 

Gavin Jones continues: “These figures are clearly at an unacceptable level.  Bad driving is falling under increased scrutiny and this is reflected in the recent Crown Prosecution Service (CPS) consultation on charges and prosecutions for driving offences, which is likely to recommend a more aggressive approach to corporate liability. 

“In the unfortunate event that a business has a work related road fatality from 6 April they could face Corporate Manslaughter charges. The media interest of the first few cases under the Corporate Manslaughter Act will almost certainly be high and businesses could see a real impact on the company’s recruitment, retention, customer relationships and reputation.  Businesses with a strong commitment to health and safety should have nothing to fear, however it is vital that fleet and HR managers are up-to-date with the new laws and ensure their policies comply in order to limit the number of prosecutions.”

Ends.