The Chief Fire Officers’ Association Fire Service Fleet Management Seminar David Faithful Solicitor MAIRSO Consultant Lyons Davidson And Essential Risk Consultancy

Corporate Manslaughter Corporate responsibilities and outcomes Corporate Responsibility Breach of Duty of Care Corporate responsibilities and compliance Corporate Manslaughter Vehicle usage Maintenance

Corporate Responsibilities and Outcomes Are blue light users corporations What responsibility do you owe To employees The duty of care Health and Safety factors Training Maintaining Vehicles Employment law issues

Corporate Responsibilities and Outcomes To the public The duty of care Training Maintenance

Corporate Responsibilities and Outcomes What can happen when you breach the Duty of Care Criminal prosecution of Driver and Employer Health and Safety prosecution of Employer Civil Liability claims Road Traffic Accident liability claims Employers liability claims Public liability claims

Corporate Responsibilities and Outcomes Fatal Accidents are now treated as unlawful killings but what does this mean The investigation of Road Death Manual The HSE Guide to Managing Work Related Road Safety A subjective test applied by police/HSE of your health and safety policies and how they are being implemented

Corporate Responsibilities and Outcomes Corporate responsibility is it really a threat Who believes they are at risk More chance of winning the lottery But only if you have purchased a ticket In your case the `ticket` is your buy –in to a health and safety culture

Corporate Responsibilities and Outcomes The Hatfield lesson Little prospect of prosecution of `managers` Must be evidence of `Gross Negligence Manslaughter` Corporations will be prosecuted as a matter of choice

Corporate Responsibilities and Compliance Corporate Manslaughter Bill 2005: Removal of the Guilty Mind test Who will be prosecuted, individual or organisation The Key Elements Management failures Duty of care to victim Evidence of gross breach of duty

Corporate Responsibilities and Compliance Vehicle usage is the most likely area to result in prosecution or a claim The traditional work provided vehicle Cash for car schemes Employees own vehicle Basic checks Insurance cover Licence checks Employees maintenance obligation

Corporate Responsibilities and Compliance Maintenance and daily checks HSE Guidance requirements upon employers/operators Drivers manuals Training both Blue light and generally Own vehicle use

Corporate Responsibilities and Compliance Conclusions You are more likely to be liable if your health and safety procedures are deficient Audit trails of your activities are vital You are more likely to face a civil rather than criminal claim The law applies equally to all Unless you are test driving a police car in Telford