Drive Carefully!
Airmax Remote launches its ‘Duty of Care’ and ‘eco-driving module.
Fleets that have taken their duty of care to drivers seriously and regularly review their risk management systems have nothing to fear when the new Corporate Manslaughter Act becomes law on April 6. The Health and Safety Executive (HSE) says, “Companies and organisations that take their obligations under health and safety law seriously are not likely to be in breach of the new provisions.”
“Nonetheless, they should keep their health and safety management systems under review – in particular, the way in which their activities are managed or organised by their senior management.” This is especially true for fleets, where vehicles supplied to employees must be considered part of the workplace and risk assessed as such.
“With the introduction of the act and where a fleet manager has breached duty of care obligations that leads to a fatality, not only will the firm be liable for fines – as much as 10% of the firm’s annual turnover, according to the Sentencing Advisory Panel – but they could also face damaging, negative publicity and the individual responsible for the fleet could face prosecution.”
“Fleet managers should be looking at reviewing existing risk management strategies in line with current legislation in order to create effective measures ahead of the introduction of the Act to minimise risk and prevent prosecution.”
The conception of the corporate manslaughter law came about because previously an individual of the company had to be found guilty of negligence, which proved almost impossible, especially in large firms.
Now the law allows for a firm to be found guilty either through a gross breach of duty of care by a senior manager or by the company, perhaps in the case of failing to embed a health and safety culture within its management process.
Legal responsibilities:
- Provide a written health and safety policy (if you employ five or more people).
- Assess risks to employees, customers, partners and any other people who could be affected by your drivers’ activities.
- Arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures.
- Ensure your drivers have access to competent health and safety advice.
- Consult employees about their risks at work and current preventive and protective measures.
Airmax Remote™ assists UK fleet operators address concerns with launch of comprehensive new Duty of Care module and Driver Risk Index.
Airmax has launched a new duty of care module linked to their eco-driving league table to provide fleets with comprehensive risk management support for their fleet operations. Airmax’s new module is available as a value-added extension to the company’s proven internet-based remote vehicle diagnostics and vehicle management solution.
The new software will provide new reporting capabilities and will enable organisations to manage their requirements under the latest Working Time Directive legislation that came into force in 2005.
Reports from VoSPA and the Health & Safety Executive indicate that company car drivers and people who drive high annual mileages for work are up to 50 % more likely to be involved in an accident than private motorists.
Driver fatigue is a serious problem resulting in many thousands of road accidents each year. Research shows that up to 20% of accidents on monotonous roads, such as motorways, in Great Britain are fatigue related. Research in other countries also indicates that fatigue is a serious problem.
Sleepiness reduces reaction time (a critical element of safe driving). It also reduces vigilance, alertness and concentration so that the ability to perform attention-based activities (such as driving) is impaired. The speed at which information is processed is also reduced by sleepiness. The quality of decision-making may also be affected.
Drivers most at risk
Young male drivers, truck drivers, company car drivers and shift workers are most at risk of falling asleep while driving. However, any driver travelling long distances or when they are tired is at risk of a sleep related accident.
Time of Day
The early hours of the morning and the middle of the afternoon are the peak times for fatigue accidents, and long journeys on monotonous roads, particularly motorways, are the most likely to result in a driver falling asleep.
Each week, according to RoSPA, 20 people are killed and 250 seriously injured in crashes involving someone who is driving, riding, or otherwise using the road for work purposes. Airmax’s reporting suite will help companies to implement and enforce work-related road safety policies, and ensure that they proactively manage the risks associated with all their staff on work journeys – irrespective of whether they are full-time, temporary or are driving their own vehicles on company business.
Corporate Manslaughter and Corporate Homicide Act
On April 6 2008 the long awaited Corporate Manslaughter Act will come into effect. Companies or organisations whose gross negligence causes the death of an individual will face prosecution for manslaughter.
As a result of the new law, all companies, organisations and Government bodies will be affected. All will face unlimited fines if they are found to have caused death due to their gross corporate health and safety failures.
The long awaited Act is a landmark in law following more than 10 years of campaigning by unions and other groups. Employees of companies, consumers and other individuals will be offered greater protection against corporate negligence. The new law will focus the attention of companies and organisations by ensuring that they take their health and safety obligations seriously.
Current driver licence status
Lists the current status of all driver licences – this will become a more pressing concern for organisations, particularly as graduated penalties could mean a driver loses their licence after just two offences
In-depth reporting to support Duty of Care
Airmax’s software provides organisations with a broad range of reports, including:
| Excessive journey reports and KPI’s | |
|---|---|
| High risk driving hours | Vehicle engine idle report |
| High daily driving hours | Excessive rev’s |
| Driving without a break | Harsh braking and acceleration |
| High daily mileage | CO2 per journey |
| High trip mileage | Generic and specific vehicle fault report |
| Excessive speed | Fuel usage and refuel event log |
| Curfew management | Variable service alert |