Corporate Manslaughter - Keep death off the roads

Research published in 2003 by the Health and Safety Executive found that 20 people were killed and 250 people seriously injured every week in road accidents involving individuals driving on company business. The Department of Transport also estimates that 300 people are killed every year as a result of drivers falling asleep at the wheel and about 40% of collisions involving tired drivers are, again, those driving for work purposes.

Previously, police investigating a serious or fatal accident have been concerned primarily with the action of the individual behind the steering wheel. The focus of enquiries is shifting towards identifying the reason for that motorist being on the road and, if on company business, whether or not a manager was pressurising that individual to fulfil too many appointments in a day or undertake business journeys while unfit to do so as a result of fatigue.

The Corporate Manslaughter Act provides a mechanism for companies to be held liable for their employees' negligent acts. Directors will have a six-month period after April in which to ensure that company policies are in place: a conviction under the Act could mean an unlimited fine and tremendously damaging media coverage, should a fatal collision occur involving an at-work employee.

As a start, employers should check that all staff hold valid driving licences and verify prospective new employees' licences against the DVLA database before making a job offer. Companies can then use the information to implement additional risk assessments and driver training, particularly for employees with endorsements on their licences.

They should also nominate a director to be responsible for the company's corporate health and safety, which includes at-work driving. The HSE publication, Driving at Work - Managing Work-Related Road Safety, is available in.pdf format from the HSE's website; it details the steps directors and senior managers should take to manage these risks effectively.

If a serious or fatal accident occurs, the director or manager responsible is likely to have to provide police with an audit trail of drivers, vehicles and journey schedules to show that a risk management strategy is in place and is being adhered to actively.

As well as criminal proceedings arising for at-work accidents, it is likely that companies will also face civil claims from injured employees and third parties if they have failed to pay sufficient attention to the risks involving at-work drivers. With these threats hanging over their heads, directors and senior managers cannot afford to ignore the changes afoot and must put company policies in place to deal with these risks as soon as possible.

- Kate Archer, associate, injury risk group, Beachcroft.