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

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

3. 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

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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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