CMCHA

Vol. 1, Issue 42 (Dec 08) Road Risk

It has been estimated – Department for Transport (DFT) – that up to one in three road incidents involve someone at work. Lorry driver, bus driver, representatives, travelling between locations, taxi driver & service engineers etc.

Every week around two hundred road deaths and serious injuries may involve individuals who are driving whilst at work.

Have you considered driving for work or whilst at work under a risk assessment? Have you considered the potential impact to your organisation should a fatality occur whilst one is at work driving a company owned vehicle or driving whilst at work?

See our “NEWS BRIEF” issue 38 on ‘CORPORATE MANSLAUGHTER & CORPORATE HOMICIDE ACT (CMCHA)’.

The “Health and Safety Executive” and the “DFT” are clear in their messages that health and safety laws will be applied to road incidents. Therefore it is recommended that you consider the following: -

  • Ensure drivers hold licence to drive – check and confirm every twelve months as a minimum – they may have had incidents that have added point to the license, that you are not aware of.
  • Set in place a drugs and alcohol policy – not to drink on duty, before duty, inform staff that random screening is to be introduced.
  • Drivers to complete daily checks on the condition of vehicles. This should include lights
  • and other visible damage.
  • Ensure vehicles have appropriate MOT’s and are in date.
  • Ensure that vehicles have appropriate tax for the class of vehicle and is in date.
  • Ensure that eye sights are checked, by a competent person, if wearers of prescription
  • glasses ensure eyes are checked routinely. Eye sight can alter over the years. Do not allow the use of sun / tinted glasses at night.

[Download the full article News Brief Vol. 1, Issue 42 (PDF)]

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Vol. 1, Issue 38a (Dec 07) Corporate Manslaughter and Corporate Homicide Act (CMCHA)

Legislation comes into effect April 2008, it provides a new offence of Corporate Manslaughter (Corporate Homicide in Scotland) where an organisation’s gross negligence has led to the death of an employee or member of the public.

The Offence.

The CMCHA it is to be levied against an organisation to which it could be relevant, it could be guilty of an offence, if the way in which the activities are managed or organised causes a person’s death, and
amounts to a gross breach of a “relevant duty of care” owed by the organisation to the deceased. The organisations to which the CMCHA applies are a corporation, a department or other body (generally
government departments), a police force, a partnership, a trade union or employers’
association, that is an employer.

[Download the full article News Brief Vol. 1, Issue 38a (PDF)]

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