New law means jail for managers who ignore health and safety rules

Company directors and managers turning a blind eye to the management of their employees who drive for work could face two years in jail following the introduction of the Health and Safety (Offences) Act 2008.

The new Act will be implemented on January 16, 2009. It is aimed at punishing individuals who breach health and safety rules however, unlike the Corporate Manslaughter and Homicide Act implemented in April last year, the breach does not have to result in a death.

Neil Cunliffe, Lancashire County Council’s Road Safety Group manager said:
“Businesses must be able to demonstrate how they manage road risk and that someone is responsible for managing that risk however large or small the business is. The law applies to all employees whether they are driving one mile to the bank or one hundred miles to a meeting.

“We are offering all businesses in Lancashire a FREE consultation to discuss occupational road risk management to ensure they will be covered under the new Act.”

The new legislation could be used to prosecute an employee – including fleet operators – whose management failings resulted in a car crash that was caused by, for example: illegal or unsafe tyres, a poorly maintained vehicle or an employee being forced to work long hours without sufficient breaks.

Presently a director/manager would have to be charged with gross negligent manslaughter to be sent to prison where the sentence would typically be 18-24 months. This Act changes that and crucially, a death does not have to occur. Prosecutors will only have to prove a breach of health and safety.

For more information or to book your FREE consultation please call 0800 328 1635, email roadsafety@lancashire.gov.uk or visit www.lancashire.gov.uk/roadsafety

This article originates from the East Lancs Chamber of Commerce website…