Duty of Care Legislation
The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on April 6, 2008. The law introduces an offence of corporate manslaughter in England, Wales and Northern Ireland and corporate homicide in Scotland. Full Wording of the Act can be found on the Office of Public Sector Information Website.
Senior Management Accountable
Prior to April 6, 2008 it was very difficult
to pin-point senior management, especially in large organisations, who directly
contributed by way of management failure to the death of an employee. The
effect was that while an individual crane operator, for example, could find him
or herself liable for manslaughter, senior management who were aware of
shortcomings within their safety systems escaped prosecution. The Corporate
Manslaughter and Corporate Homicide Act 2007 has changed this.
Duty of Care to Employees
Senior management of organisations now owe a relevant duty of care to employees or persons performing services for it. Where a corporate culture exists that allows dangerous practices to go unchallenged and a death or deaths result, these organisations and it's senior management will find themselves liable.
Heavy Penalties
Companies can be fined a minimum of 5% of
annual turnover for any gross breach that leads to the death of an employee.
Find out more by visiting The Crown
Prosecution Service Website.
Road Angel Fleet Can Help
A Road Angel Fleet system is a cost effective way of managing your mobile assets, with automated data capture providing information on vehicle usage, servicing schedules, driver behaviour, journey reporting, incident reporting, and other information required ensuring you are compliant.
Download our information paper about Duty of Care for employees and how it effects organisations of all sizes.
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