The Corporate Manslaughter Act is now in force and businesses found to be negligent in their handling of health and safety face the prospect of unlimited fines and humbling publicity orders. There’s never been a more crucial time to ensure your fleet car policy would survive under scrutiny
Deaths in the workplace are less common now than in the recent past. The closure of pits and factories during the 1980s removed many of the big hazards from our working lives. These days the big killers are cars – or rather the people driving them.

According to the Department of Transport, out of the 3,173 work-related deaths that took place in 2006, around a third were caused by traffic accidents. Therefore, as an employer, it is essential that you have a clearly defined health and safety policy regarding any vehicles used for work purposes, or you could face prosecution. The new act has made it possible for entire companies to be charged with manslaughter, and the penalties are potentially onerous. Companies face unlimited fines and publicity orders, where your business could be forcibly ‘named and shamed’ in the press.

Under previous laws, employers could be held to account if, for instance, they allowed employees to use vehicles that were not fully roadworthy. However, the old legislation required there to be a single individual found responsible before charges could be brought. This meant that larger companies could often wriggle out of trouble, whereas owner-managers were more easily found to be culpable.
The new law could be said to be fairer, but it is no less tough.

Your fleet

It doesn’t matter if it is the sales rep who drives 100,000 miles a year in a company car, or the cleaning lady dropping letters off on her way home using her own vehicle, you have a responsibility to make sure they are safe and compliant. By law, all companies have a duty of care towards their employees and the public. But it is crucial that you also have a strong paper trail to back up the fact that you have ensured your fleet is compliant.

Allen Bewley, of road risk management consultancy IRC, was formerly the head of risk management at the RAC, and now advises the police on the subject.  “Businesses need to have robust procedures and processes, as well as a really strong audit trail,” he says. “You need to be clear about what your policy is and show how it has been carried out.”

Make sure you have copies of key documents, such as driving licences, MOT certificates and insurance details, as well as proof that the vehicle is regularly maintained and serviced. If you have your own fleet of cars that you lease from a third party, it is likely that much of this will already be taken care of, but, nevertheless, many firms still get tripped up on the basics.

“Businesses aren’t checking licences enough,” says Nigel Grainger of Fleet Risk Consultants, which advises firms on compliance issues. “Inadequate insurance is another area, especially if the vehicle is the employee’s private car. You need class one business insurance, but many people don’t have it because they don’t realise they need it or understand that it won’t cost them much more.” Grainger adds that ‘grey fleets’ – private cars used for work purposes – are the “biggest worry” for firms.

Danger signs

Indications that a driver is careless are often fairly obvious. For instance, if they are regularly incurring traffic offences and/or having minor collisions, then clearly they aren’t driving well.

Slightly less obvious is fuel consumption. If you have a fleet of similar vehicles and one driver is doing far fewer miles per gallon than the others, they are clearly speeding. Don’t let this go unnoticed or unremarked upon. Also, check the cars of the heaviest road users more regularly.

“If you bought a car which was brand new and has done 60,000 miles yet hasn’t been serviced, then that’s negligent,” warns Grainger.

A police visit

If one of your staff is involved in a fatal car accident during the course of their work, then be prepared to be investigated by the police. However, don’t expect it to be the transport police, as it will be the homicide squad that takes the case. “The police are required to treat all road deaths as unlawful unless there’s proof otherwise. Therefore, it is up to your systems to prove your innocence,” says Bewley ominously.

Any vehicle involved in a death could be taken away as evidence for as long as two years. Also, technically, they could seize your computer if, for instance, they wanted to look at emails relevant to your fleet management.

The latest solutions

It is little wonder many firms are now looking at ways to reduce risk. Car-sharing clubs are growing in popularity and are offering business accounts. Meanwhile, Brett Akker, founder of car rental company Streetcar, is expecting his consumer-focused operation to start catering for many more companies, which he claims could soon make up half of his business. “One of our key areas for the year is our business product, and we already have many people coming to us to replace their fleet vehicles or grey cars,” he says.

Of course, safety experts like Grainger and Bewley are also offering their services. IRC provides a software package that monitors hazard awareness and pinpoints weaknesses. If you have a larger fleet, this could offer immediate assistance, but no matter how many cars you have, there has never been a more important time to ensure your policies are compliant.

The wake-up call

10 ways to improve compliance

As an employer, you must make sure your staff know the law on company cars and your own policies. However, they shouldn’t be led to believe that it is your responsibility alone. Staff are personally accountable for their driving, but it is essential that you are covered, and this means having thorough policies and a strong paper trail.

1) Set up an account with the DVLA. This isn’t costly and means that you can make sure driving licences are valid. Check all licences every six months to be sure.

2) Take copies of insurance documents and MOT certificates. If it is the employee’s private car, then ensure they have cover for work use and update this every 12 months.

3) Make sure your fleet is roadworthy. Companies like Kwik Fit will check all the tyres in your car park for free, and it is estimated that 25% are below the legal minimum standard.

4) Develop a health and safety policy. All businesses need one in general, but there should be one specifically for driving, which has been read, understood and signed by all staff. Ideally, this should form a part of your induction policy.
5) Respond to traffic offences. You don’t need to discipline someone for speeding, but it is vital you have documentation that shows you have told them it is against company policy.

6) Ensure managers are responsible. If you send an employee out on the road who is clearly fatigued, then you could be failing in your duty of care. Your managers must be trained in safety. Also, it is against the law to offer incentives on the number of journeys made.

7) Be wary of mobile phones. Even if you provide a mobile phone and hands-free kit, protracted calls on the road aren’t advised. Also, personal phone use should be discouraged, so set a clear policy.

8) Pay for driving lessons. Especially if someone is young, inexperienced or will be using a car they are not used to.

9) Investigate crashes. If a driver keeps damaging their vehicle you must respond. Do they require more training or are they under pressure to drive fast? Investigate and document all your findings.

10) Consider outside help. Health and safety consultants can audit your business, identify hazards and suggest and implement solutions.