Employers warned: Corporate Manslaughter Bill will impart a duty of care to drivers

Published: 22nd February 2007

Employers are being urged to prepare for new corporate manslaughter legislation which will make employers responsible for deaths caused by unroadworthy cars used by their employees undertaking work related journeys.

Law firm Mace & Jones said the introduction of the Corporate Manslaughter and Homicide Bill will have far reaching implications for the UK's four million small firms. In total there are some three million company car drivers and a further five million employees who use their own cars on work-related business.

Commercial Dispute Resolution partner Craig Blakemore said that it is vital that employers fulfill their obligations by ensuring that all vehicles, whether company-owned or employee-owned, are roadworthy.

"Whether an employee is driving a company car, a vehicle purchased through a cash-for-car scheme, or using their own car for business purposes, the new legislation will make it the employer's responsibility to ensure that the vehicle is roadworthy,' he said. "The new legislation will mean that the organisation, or a senior individual within the organisation, can be prosecuted for management failures that lead to the deaths of employees."

Mr Blakemore said that it is particularly important that the safety of all vehicles is monitored by employers.

"Employers should regularly check private cars used for work related journeys, as well as company cars, for roadworthiness and safety,' he said. "A significant amount of corporate mileage is undertaken each year in private cars. It is likely that the private cars will be significantly older and have been serviced less frequently than the company owned cars. Employers affected by this bill should look to act sooner rather than later and seek advice if they are unsure about any of their duties or obligations regarding vehicle usage".

"In addition, it is vital that employers ensure that private vehicles being used for company business are adequately insured for 'business' use" he said.

Checks that employers should undertake might include ensuring that:

1. The employee holds a valid license to drive the vehicle.

2. The car is roadworthy and has a current MOT, (if more than three years old).

3. The vehicle is insured for 'business use'.

4. The car is regularly serviced.

5. The employee is carrying out basic maintenance checks on oil, water, washer fluid, tyre pressures and tyre tread depths on a regular basis.