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New corporate manslaughter laws from April 2008

New corporate manslaughter laws from April 2008

Lawyers are warning...


...that firms up and down the country are failing to grasp the implication of a forthcoming new Act of Parliament.

New laws will come into force from April as part of the corporate manslaughter Act which means firms could end up in court facing charges of causing death by negligence.

There are no new duties or obligations under the Act, but it does require companies and organisations to comply with existing Health and Safety law or be exposed to liability to prosecution under the new offence of corporate manslaughter.

Firms which fail to ensure staff drive safely in their company car are likely to be a prime target for new corporate manslaughter legislation.  Police will check that staff are properly insured, have an MoT test for their vehicles and have a valid driving license. They will also check that managers are not making excessive demands on employees by forcing them to drive when tired.

The Metropolitan Police is one of several forces who are seriously investigating the safety of driving in company cars.  Superintendent Mark Bird, from the Metropolitan Police's Traffic Unit said: "More and more we carry out follow-up investigations with companies after collision to ensure that work-related road safety is embedded within company policy."

Act affects all vehicles used for work - under Health and Safety Law employers must make sure that work equipment is suitable for its intended use, so far as Health and Safety is concerned, and that it is properly maintained and used.

This means that organisations are negligent if they don't ensure that both employees and vehicles (including private ones) are fit to be on the road.

Does your Health and Safety policy statement cover work-related road safety?
Your policy should be written down if you employ five or more people.