A new law which came into force on January 16 gives courts more
powers to punish employers for breaches in health and safety – with
imprisonment now a sentencing option.
The Health and Safety (Offences) Act 2008 extends the £20,000
maximum Magistrates’ Court fine to cover a wider range of health
and safety offences – and fleet managers and fleet decision-makers,
including directors, could find themselves in the firing line, and
faced with a fine or to up to two years in a prison, if convicted
in a Crown Court.
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Car accidents caused by unsafe tyres, a faulty vehicle or driver
tiredness after working long hours could lead to a
prosecution.
Steffan Groch, head of regulatory at law firm DWF, said: “It’s
now more important than ever that businesses operating vehicle
fleets have proper health and safety procedures in place, including
suitable and sufficient risk assessments, driver competence and
training, a reputable supply chain, a sound driving policy, vehicle
maintenance and pre-use checks, a post-accident procedure and of
course a means of monitoring to ensure that the system remains
adequate.
“Employers which do not have their own fleets but whose workers
use their own vehicles still need to ensure that they are
adequately managing health and safety. Because employees may be
using their vehicles in connection with the business, the company
should have a vehicle use policy to ensure they remain fit for
purpose.”
The new Act could work as a wake-up call for companies which do
not yet lease their vehicles, as leased vehicles tend to be younger
and better-maintained than the average car on UK roads, with a wide
range of driver risk management tools available from lessors to
help companies reduce their accident rates.
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By GlobalData
