Skip to main content

  Reminder: Corporate Manslaughter and Corporate Homicide Act Back to results

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force in April 2008 and the Director of Public Prosecutions (DPP) is bringing the first legal actions against private Companies through the legal system.

The Act has made it simpler for actions to be brought against organisations and their senior management for breaches of the “duty of care” they have to their employees, customers and contractors.  The new legislation creates a liability to “unlimited damages”.

“Organisations” include Companies, Charities, NGOs, Police forces and many but not all organisations of Government. The Act applies to all organisations operating in the UK (excluding Scotland, which has its own Act) and also UK Companies with UK staff operating anywhere in the world.

Although the Act affects all activities, it specifically refers to motoring incidents which make up 20% of all accidents at work.  Using a Company owned vehicle is particularly relevant although the Act also applies to any other vehicle used to conduct the Company’s business.

Where Fleet vehicles include 4x4s and, even more so, where the vehicles are expected to be used in semi-graded and off road situations, there are special hazards for any Company or organisation.  “I believe driver training and roll over protection are essential requirements in these situations” says Safety Devices International Managing Director, Gavin Davidson. “Without that, you are exposing your staff to unnecessary risks and your Company to litigation.  It is only a matter of time before the DPP pursue their first motoring case in this area”.

If you want a simple guide to whether you need ROPS for your particular application, try our ROPS decider.  If you have a special project that needs a bespoke design, call us on +44 1638 560524 or email us at fleet@safetydevices.com.