What is Duty of Care?
A landmark in UK law, the Corporate Manslaughter and Corporate Homicide Act came into force in 2008.
Informally known as the "Kill Bill", this legislation means that a company or organisation commits an offence if, in the way in which its activities are managed or organised causes a) a persons death, and b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.
What does duty of care mean for business fleets?
Your business has a duty of care obligation to any vehicle or driver who is engaged on company business.
If a death is caused or the company is found to have breached its duty of care obligations, substantial fines can be imposed and are unlimited but often sit between 2.5% and 10% of a companies annual turnover.
In addition to unlimited fines, the act also allows courts to impose a publicity order, requiring the organisation to publicise the details of its conviction and any fines imposed. A business' brand can be damaged beyond repair as well as staff recruitment, retention taking a knock. Needless to say, competitors would take advantage.
How do I ensure that I am compliant?
Covase offers a service called risk management. Typically this includes a collection of driver-related activities such as regular driving licence checks, online driver assessments, online training and one-to-one driver training.