Help for Employers to Deal with the Corporate Manslaughter Act

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A special duty of care tool safeguarding companies operating fleets against prosecution under the new Corporate Manslaughter Act has been launched.

 

Navman Wireless's Duty of Care Module compels drivers to carry out a vehicle check in line with their company's health and safety policy, every day, before they start work.

 

Employers are responsible in law for their employees' welfare when they are on the road for business purposes. From April 2008, they may be prosecuted for Corporate Manslaughter if it can be proved that negligence in their duty of care obligations caused a death.

 

The introduction of this module, with Navman Wireless vehicle tracking, forces drivers to confirm they've carried out a vehicle check with one touch of a button on their in-cab mobile data or integrated sat nav unit.

 

The driver must then confirm, before they can drive the vehicle for business use, if "no vehicle faults were found" or if "vehicle faults were found and reported to company management". When this simple procedure has been carried out, the in-cab unit is enabled for use.

 

"With more than 3,000 people dying in road collisions every year and estimates suggesting that a third of all accidents involve at-work drivers, companies and their fleet managers need to take resolute steps now to minimise occupational road risk," said Tony Neill, Navman Wireless's Vice President Europe, Middle East and Africa.

 

"This module provides an effective and fool proof way of ensuring that a mobile workforce is compliant with its company's health and safety policies."

 

Further duty of care functions of the Navman Wireless system includes full Working Time Directive compliance facilities. These provide detailed reports of driver working hours and send email alerts to managers and drivers when they haven't taken rest breaks.

 

Driver ID technology allows fleet managers to meet additional legal responsibilities by identifying exactly who is driving a vehicle, where and at what time.

 

Stationary vehicle alerts will bring managers' attention to potential driver safety issues when a vehicle has been at a standstill during a working day for more than a predetermined time period (one hour for example). Furthermore, integrated panic buttons will help protect drivers who might be transporting high-value goods.

 

Managers can also assess risks by running off speed analysis reports which inform them how much time individual drivers have spent travelling within specified speed parameters.

 

"Under the new legislation, failings by senior managers that lead to a death could result in fines of up to 10 per cent of their annual turnover," Tony added.

 

"The stigma that results from a corporate manslaughter conviction under the new law could prove even more damaging."