Their journey, your responsibility

If driving on company business, any vehicle is deemed to be an extension of the workplace. As a consequence you need to demonstrate that your duty of care has been fulfilled:

1. That the vehicle is road worthy
2. That the operation of the vehicle is fully understood by them
3. That they are fit to drive
4. That they have chosen the most appropriate route

If your employee has an accident whilst driving on behalf of your business, both you and your business could be at risk.

Recent changes in legislation will have a huge impact upon all employers who operate any type of road vehicle in connection with their business. This includes employees who use their own vehicles, and applies to all work related journeys.

The new legislation called The Corporate Manslaughter Act, will make it possible for a business organisation to be prosecuted as well as individuals within the business. It is likely to be used to prosecute organisations whose negligence or illegal acts result in fatal road traffic incidents. This will generally involve breaches of Health and Safety and Road Traffic Laws.

The consequences for employers could be devastating, and may include:

1. Criminal charges being levelled, at both the organisation and its Directors or Managers, resulting in unlimited fines or imprisonment.
2. Civil proceedings for compensation being taken by employees and anyone else who has suffered loss or damage.

If one of your drivers was involved in a serious accident - could you prove to the police (with evidence) that you have fully met your duty of care. e.g have you conducted comprehensive risk assessments and recorded your findings in writing?

What should you do?

You can’t pretend that it will go away, it won’t. The law applies to all businesses - regardless of size

Therefore you should ...

Contact ALM ManORR to discuss how we can bring you peace of mind through a cost effective solution.