Legal Responsibilities

Legal 3

All companies and organisations, whether they are a small family concern or a large organisation  are directly responsible for the safety of all their employees. This includes employees using company vehicles while carrying out company business.

Legal pic

How does this affect you?

Remember Jack, your star salesman, the crash statistic…………

Well, Jack isn’t just a statistic. You attended his funeral last week. A sad affair; Jack’s wife and young daughter were there along with most of the company staff. You spoke warmly about Jack and how important he had been to the success of your company and how he was the life and soul of the office. You thought you knew Jack well; but there is something you didn’t know about Jack.

It is Monday morning. You need to try and sort out the contracts that Jack had been working on but you can’t because you are being interviewed by the police and an official from the Health and Safety Executive. You have just been handed a copy of Jack’s driving licence, a document you have never seen. You are being asked if you were aware that Jack had been fined on three occasions for speeding and before he joined your company he had been banned for dangerous driving. You had no idea that Jack was a high risk driver. Unfortunately ignorance is no excuse.

Your legal responsibilities

Employers must manage road risk in the same way that they manage other occupational Health and Safety risks throughout the rest of their business operations.

The Health and Safety at Work Act 1974 requires employers to ensure as far as reasonably practicable, the health and safety of employees whilst at work. Employees driving while carrying out company business are considered to be undertaking a work related activity with the vehicle they are driving regarded as a place of work. The legal responsibility extends to cover other persons put at risk by the organisations work related activities.

The Management of Health and Safety at Work Regulations 1999 requires employers to carry out assessments of the risk to the health and safety of your employees whilst at work, and to others who may be affected by their work related activities. Such assessments must be reviewed periodically.

In April 2008, The Corporate Manslaughter Act (England and Wales) and The Corporate Homicide Act (Scotland) were introduced in the UK. This legislation means that all companies and organisations will be prosecuted and found guilty of corporate manslaughter where there has been a gross failing throughout the organisation in the management of Health and Safety with fatal consequences.

Since 2004 police road accident investigators are specifically instructed to consider corporate liability when investigating road accidents. This is in response to the governments rigorous targets on reducing road traffic accidents.

An organisation found guilty will face unlimited fines which could be millions of pounds. The courts will also require the organisation to publicise details of it’s conviction and fine.

Base line

Ensure your company or organisation complies with current legislation. Contact us.

Contact numbers

  • Testimonials

    PATIENT, REASSURING AND EXTREMELY PROFESSIONAL

    Having not driven for ten years, I had completely lost my confidence. I found Sandy to be patient, reassuring and extremely professional and he supported me to get driving again far more quickly than I would have ever imagined. I also liked the fact that he left it up to me to decide how many lessons I felt I needed: there was no pressure to have any more lessons than was strictly necessary, unlike with some other companies.

    I wouldn’t hesitate to recommend Sandy and, in fact, I already have!

    Alison Moore : Drive confident pupil

    IRONING OUT MY DRIVING PROBLEMS

    Sandy is an excellent instructor I passed with only 23 hours behind the wheel with no former experience. He is laid back and I felt at ease straight away, instead of being critical he really helps iron out driving problems. I have recommended him to everybody that I have heard is having driving lessons. I think he’s great!

    Simon Lawless : Student

    I’VE PASSED WITHIN 3 MONTHS

    I had been through a couple of driving schools and had been very unhappy with their service as I felt they were just interested in the money. When I registered with Sandy he was very upfront with me and told me what to do and what not to do. He took me straight through what was needed in a friendly and very helpful way and within three months I had both passed my theory and practical test. My exact words to Sandy were “I would recommend you to all my family and friends”. And that is exactly what I intend to do.

    Gloria Wilson-Andoh