Business drivers and business owners could find themselves facing the threat of prosecution if they are guilty of causing death while driving, under the new Corporate Manslaughter and Corporate Homicide Act which will come into force on 6th April 2008.

The failure of manslaughter charges in many high profile cases such as the Hatfield train crash has led to this landmark change in the law. This will result in organisations and companies such as yours being prosecuted in the event of death(s) caused by gross management failings. Companies who employ drivers could find themselves facing the threat of prosecution if they are guilty of causing death by driving.

One in four crashes on the roads involves a vehicle being used for business purposes. This makes driving at work one of the riskiest work-related activities and is a contributing factor in forcing the government to pass this new legislation which will raise safety standards and awareness amongst companies where driving is part and parcel of the job.

Organisations will be prosecuted under the Corporate Manslaughter and Corporate Homicide Act. However this does not mean individual senior managers won’t be brought to book either as the current law in relation to gross negligence manslaughter will still apply.

The penalty for being found guilty of an offence under the Act is an unlimited fine and negative media coverage. The Act requires a company to publicise its conviction and all of the details of the offence. Image how devastating it would be for your company’s corporate image if found guilty.

It doesn't matter who owns the vehicle being driven on business as the health and safety responsibility rests solely with the company.  Therefore employees who drive their own cars on business also need to be included in all checks and policies.

The Corporate Manslaughter and Corporate Homicide Act requires employers to follow Occupational Road Risk requirements. Employers have a duty to ensure that the employees have a good standard of driving, that their vehicle (business or personal) is properly insured for business use, has a current MOT certificate and is regularly maintained in accordance with the manufacturer’s guidelines.

Many times in the past, companies have escaped responsibility over road deaths by laying the blame with the driver. Now companies and organisations such as yours must heed responsibility and do all they can to reduce the chance of any of its employees being involved in a fatal crash or learn to face the consequences of negligence.

Click here to read about the Corporate Manslaughter and Corporate Homicide Act.