If you employ drivers then this Act applies to you. All your drivers need to be adequately trained and covered in terms of your business applying and maintaining the appropriate duty of care and health and safety regulations checks.
You should take reasonable steps to ensure your staff are adequately trained in the use of their vehicle, checking they have an appropriate driving license is the first step but this may not be enough.
The conviction sends out a message to all companies with a hands-on senior management structure, that they are vulnerable to prosecution if their health and safety systems are inadequate or not enforced.
Roadwork firm Mobile Sweepers is the first company to be given a publicity order following a corporate manslaughter conviction.
The company and company director Mervyn Owens were sentenced on 26th February 2014 over the death of employee Malcolm Hinton who was killed while working at the company premises in Headley, North Hampshire.
Following investigation by the HSE and Hampshire Police, it was found that the poor condition of a vehicle he was using was the cause of his death
Mobile Sweepers was fined just £8,000 with £4,000 costs. They also became the first company to be subjected to a publicity order. This means the company has been ordered to advertise their wrongdoing in two local newspapers. The fine was based on the total assets held by the company which stood at £12,000.
Mervyn Owens, as the company director also received a fine of £183,000 for the incident.
Contact Licence Bureau for information on licence checking and risk assessing your drivers and fleet.