Duty of care is already an essential board issue due to current Health and Safety legislation and regulations such as the Working Time Directive, but despite this, it seems that many businesses have failed to recognise the dangers of not implementing a road risk reduction programme.

What laws should you be aware of?

Corporate Manslaughter and Corporate Homicide Act 2007

After recognising the inadequacies of common law relating to Corporate Manslaughter, the government acted and came up with this hard hitting piece of legislation.

Employers are responsible in law for their employees' welfare when they are on the road for business purposes. Since April 2008, they can now be prosecuted for Corporate Manslaughter if it can be proved that negligence in their duty of care obligations caused a death.

Health and Safety (Offences) Act 2008

This Act, which came into force in January 2009, increases the penalties against those who break health and safety law and provide courts with greater sentencing powers.

However, unlike the Corporate Manslaughter and Corporate Homicide Act a breach of health and safety rules will not have to result in a death.

The Health and Safety (Offences) Act 2008 extends the £20,000 maximum Magistrates' Court fine to a wider range of health and safety offences for which fleet managers and fleet decision-makers, including directors, could be prosecuted for, to up to two years in a prison, if convicted in a Crown Court, a fine or both.

In the wake of this, companies and their fleet managers need to take resolute steps to minimise occupational road risk.

How big is the problem?

More than 3,000 people die in road collisions every year and estimates suggest that a third of all accidents involve at-work drivers. This is a remarkable statistic when consideration is given to the fact that out of 30 million vehicles on British roads, the commercial count is only a little over three and a half million.

Future failings by senior managers that lead to a death could result in unlimited fines, and the stigma that results from a corporate manslaughter or health and safety conviction could prove even more damaging.

A number of work related fatalities that have occurred following the introduction of the Corporate Manslaughter Act are currently under investigation.

How can you minimise your risk?

Vehicle tracking technology isn't simply a means of saving money by cutting fuel bills and increasing efficiency, it can also save lives.

Companies using such systems have the information at their fingertips to successfully manage road risk; providing tangible proof of their ongoing commitment to their duty of care responsibilities.

Better training: Vehicle tracking data enables managers to identify high risk drivers who speed regularly and address such problems - ultimately stopping accidents - through driver training.   Managers can assess risks by running off speed analysis reports at the touch of a button.

More breaks: The need for companies to adhere to a strict policy on working hours and miles driven per day is vital.  Vehicle tracking ensures that drivers comply with the demands of the Working Time Directive, giving alerts when a break is needed and stopping drivers from working too many hours and falling asleep at the wheel. 

Safer driving conditions: The more advanced vehicle tracking systems can compel drivers to carry out a vehicle check in line with their company's health and safety policy, every day, before they start work. Integrating tracking with messaging technology also means that drivers are no longer tempted to answer mobile calls from the office without pulling over.

Safer working conditions:  Tracking can actively protect employees.  Panic buttons are often integrated into tracking systems, triggering an automatic email or being converted into a text message.  They are particularly valuable for lone workers in remote areas or drivers delivering high value goods. 

Less stress: With vehicle tracking, if your drivers are running late for any reason, the office team can warn the customer in advance, improving standards of customer service and making sure drivers don't have to deal with aggressive or disgruntled customers.

Fairer distribution of work: As tracking distributes jobs as efficiently as possible, it means that diligent drivers no longer have to fill in the gaps for the less committed ones.  Management can also see which drivers are working the hardest and can reallocate schedules accordingly.

Where do I get more information?

For further information on the Corporate Manslaughter and Corporate Homicide Act, click here to go the Ministry of Justice website.

For further information on Road Transport (Working Time) Regulations, click here to go to the Department for Transport.

For more information on the Health and Safety (Offences) Act 2008, click here to go to the Office of Public Sector Information (OPSI) website.