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10 September 2009
Avoiding the Risk - Corporate Manslaughter and Company Vehicle Drivers

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6 April 2008. It was brought in due to previous difficulties of prosecuting companies for manslaughter.

The Act has replaced the previous common law offence of manslaughter by gross negligence for corporations. It is interesting to note that the Crown Prosecution Service has authorised the first charge under the Act on 23 April 2009, a year after the Act was implemented.

Businesses convicted face an unlimited fine and can be subject to a Remedial Order requiring specified steps determined by the Court to be taken. The Court will have the power to make a Publicity Order requiring the organisation to publicise the fact that it has been convicted of the offence. We may see adverts in newspapers or online saying that certain businesses are "corporate killers".

Provisional figures for 2007/8 from HSE echo this suggesting those workplace transport fatalities which are reportable as detailed above amount to 54 employees, 11 self-employed persons, and nine members of the public. The provisional figures for non-fatal major injuries amount to 1,820 for employees, 67 for the self-employed and 188 for members of the public. Work-related driving accidents are the largest single cause of all reportable workplace accidents - accounting for, according to ROSPA, approximately 1,000 deaths per year. ROSPA goes on to say that failures in implementing proper health and safety procedures cost Britain's employers up to £6.5 billion every year.

Jason Stevens, Senior Solicitor with Greenwoods' nationally renowned Business Defence team said: "These figures show the extent to which work transport accidents are the cause of serious and fatal injuries. It is not unusual to hear about individuals being killed whilst being struck by a moving vehicle, people falling from a vehicle, material falling from a vehicle, the collapse or overturning of a vehicle or by being hit by a vehicle. It could be the case that a corporate manslaughter prosecution is brought as a result of one of those incidents."

So, how can organisations avoid the risk of corporate manslaughter charges when driving company vehicles forms a significant part of their business activities?

Jason has prepared a briefing note which considers how an all too familiar scenario may be treated under The Corporate Manslaughter and Corporate Homicide Act 2007. Forward your contact details to info@greenwoods.co.uk to request your copy.

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