The recent bolstering of the Health and Safety at Work Act and its increased powers of punishment have sounded the death knell for the more complex Corporate Manslaughter Act, according to a leading solicitor.

David Faithful, a consultant solicitor with Lyons Davidson and prominent expert in the field of fleet risk management, said corporate manslaughter was ‘dead on the statute books the day it became law’ because of its complexity.

He cited a lack of prosecutions under the law and said that the revisions to the Health and Safety (Offences) Act introduced in January (Fleet News, April 2) would now be the authorites’ preferred route of prosecution for breaches of the Health and Safety at Work Act.

This gives magistrates the power to impose a fine of up to £25,000 and impose a custodial sentence of up to six months.

But it appears fleets are unaware of the new laws, with a Fleet News poll showing 74% of respondents having no knowledge of amendments to the Health and Safety at Work Act (April 2).

However, awareness of the Corporate Manslaughter Act is equally scarce.

Speaking at the Fleet News Managing Risk in Fleet Conference, sponsored by Zurich, Faithful said: “Six months in prison is a sufficient wake-up call for directors and makes it more of a threat than the Corporate Manslaughter Act.

“This will lead to an increased number of Health and Safety Executive prosecutions which will target the person in the company responsible for health and safety issues.

“Corporate Manslaughter is quite a daunting thing to bring before the courts, but the Health and Safety at Work Act makes it easier and quicker for prosecutions, whether they are brought by the police, Health and Safety Executive or local authorities.”

Faithful added that prosecutors in these cases would become ‘more imaginative’ in the way they approach cases, adding: “Prosecutors are looking for gaps in risk management and implementation policies, and if they can drive a coach and horses through that gap, they will.”

Health and safety specialist lawyer Michael Appleby, of Housemans in London, agreed that more attention was now being paid to individuals in investigations in view of the Health and Safety (Offences) Act, but stopped short of sounding the death knell for Corporate Manslaughter.

He said: “It is too early to say it is dead in the water. It’s naïve to be saying something like that at this stage. If three years had passed since it was introduced, instead if only a year, and there had been no prosecutions, then that would be different.”

Faithful stressed the importance of every fleet having undertaken a corporate risk assessment, describing it as the ‘cornerstone of health and safety obligations’ as far as the law is concerned.

He added: “If you haven’t done this, you have no defence in the eyes of the law – it’s as simple as that.”

Confusion over legislation

Almost a year after the Corporate Manslaughter Act came into force, one in every two small businesses are unaware they could end up in court if one of their employees is involved in a road traffic accident.

Research from Roadsafe and Mercedes-Benz World has revealed 49% of 105 small business fleets questioned are oblivious their business, a director or a manager could be prosecuted for not properly managing at-work drivers.

“With about one in three of all crashes involving a driver who is working, it is imperative that businesses implement sound management policies involving risk assessment, to make sure their employees are safe when driving,” said Adrian Walsh, director of RoadSafe.

“Regular driving licence and MOT checks, vehicle safety checks and policies on journey times and mobile phone use all play an important part in helping to guard against crashes while also providing financial and reputational benefits.”

The survey, which questioned businesses with 50 cars or less, also revealed that 42% of respondents did not have any policy in place to manage road safety and 50% did not think that one was required.