Error parsing XSLT file: \xslt\FacebookOpenGraph.xslt Fleets in denial over corporate manslaughter act
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Fleets in denial over corporate manslaughter act

Date: 30 July 2012   |   Author: Hugh Hunston

Leading fleet risk management consultants have united in warning that major firms and fleet operators are in denial about the inevitability of business drivers and their firms facing corporate manslaughter prosecution.

Speaking at Total Accident Management's risk management seminar that took place earlier this month, fleet risk consultant Nigel Grainger said: "The Crown Prosecution Service has yet to have a motor-related case, which is the reason for this lack of urgency and companies, both major and smaller, being in denial.

"This is a time bomb ticking under the sector, and a high-profile company will get done under this law, which is now around five years old."

Motor law expert Ross Burrows endorsed Grainger's comments: "It is just a matter of time before there is a fleet- or company-related motor charge under the legislation.

"The warning lights are flashing but firms appear happy to shut their eyes to it, in the hope that it happens to someone else.

"The potential for individuals involved and the implications for companies is huge, with devastating effects all round if they don't start taking appropriate measures."

Total Accident Management's strategic accounts manager Lena Ashton said proposing a structured policy on health and safety and duty of care, with the resulting "statement of truth" in the event of prosecution, often met with management resistance.

She said: "Too many managers relate it to a process that is too complicated and costly to put in place the right training, guidance and checks on insurance, licences and health."

Ashton said the potentially drastic consequences of not having a scheme with straightforward accountability added more weight to moving back to conventional company cars and away from grey company car use, which was more difficult to police internally.

Burrows added: "Once there is a death, media exposure will not be pretty for anyone involved, with a drastic effect on the employer and criminal and civil legal implications."

Grainger said ignorance was no defence with "life-changing and traumatic consequences, including prison sentences and large fines levied on the basis of corporate means testing".

He added: "The health and safety manager for an NHS trust, who claimed checking drivers' licences was not their problem, recently dismayed me. This is a huge elephant in the fleet sector's room."

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