Duty of Care

On 6th April 2008, the Corporate Manslaughter (Corporate Homicide in Scotland) Act came into force. In essence, the new law makes it easier to convict organisations whose managers have breached their duty of care, ultimately causing death. This legislation directly impacts organisations of all sizes and action must be taken now to ensure employer obligations are fulfilled.

All employers have a responsibility for the Health and Safety of their employees, whilst at their place of work and they must make certain that reasonable measures are in place to ensure the protection of their employees. It is important to be aware that any vehicle which is used by an employee to conduct business on behalf of the company is regarded as a place of work, and is therefore subject to current Duty of Care legislation. Despite this fact, many companies are still turning their backs on the reality: this legislation has huge implications to their business, regardless of size or industry sector.

Employers should look beyond the initial financial outlay required to gain Duty of Care compliance, and instead consider the possible consequences in the event of something happening to a member of staff or the public, during work time.

The Penalty

The maximum penalty for a corporate manslaughter conviction will be an unlimited fine. In addition, a convicted company may be forced to publicise their offence which could be extremely damaging to the business' reputation.

Be Prepared

If an incident occurs involving an employee driving on company business and it results in a fatality, it will be the obligation of the company to demonstrate that vehicle and driver policies and procedures are in place that cover maintenance and safety legalities. CMS SupaTrak can provide solutions to support businesses in becoming compliant with this legislation, including SupaTrak vehicle tracking, which can report and monitor parameters including driving time, speed and location and mobile working solutions, such as JobTrak, LoneTrak or PDATrak which can incorporate features such as panic buttons.

By employing one of these solutions, the organisation would be able to demonstrate that they had taken reasonable steps to protect their employees and honour their duty of care.

Manage the risk

Duty of Care legislation must be applied firmly but fairly. Policies and procedures must be put in place and then managed according to fleet management best practices.

Benefits to you

As well as the legal obligations that employers must adhere to in respect of this legislation, there are business benefits that can be realised by putting in place management systems. These benefits include:

• Better control over costs, such as fuel, insurance premiums and claims and vehicle wear and tear
• More informed decisions about matters such as driver training and vehicle purchase
• Less need for investigations and paperwork
• Reduced running costs through better driving standards
• Less chance of employees losing their licences as a result of points on their licences.

In addition to these benefits, the presence of management systems that support an employer's duty of care obligations can promote sound safety