The Corporate Manslaughter Act - 45% of Businesses Are Unaware Of It

Despite coming into force in April 2008 a study by AXA Business Insurance has revealed a shocking 45% of businesses were completely unaware of the Corporate Manslaughter Act.

AXA surveyed 300 businesses running one or more vans and found that as well as a general lack of awareness of the CMA many had "poor admin in relation to the paperwork for drivers and vehicles", "unchecked damage to van bodywork and windscreens", and a "casual attitude to core maintenance required to keep vehicles safe".

But with the Department of Transport estimating that one in three crashes on our roads involves a driver on business, and potential fines for your company of up to 10% of turnover, this is an extremely dangerous attitude for companies to adopt.

Darrell Sansom, managing director at AXA Business Insurance said: "Corporate manslaughter is a very serious charge that carries an unlimited fine.

"While the number of businesses who are simply unaware of its existence is alarming, our research shows that negligence is apparent among those who are both aware and unaware.

"We want to warn businesses that keeping on top of relevant HSE legislation is vital to avoid leaving themselves exposed."

Here's an overview of AXA's key findings:

Poor Admin

• Three in ten companies have not checked the insurance details for those driving their company vans.
• 8% of companies have failed to check whether those driving the company van hold a valid driver's licence.
• 85% of those interviewed were confident that their company van(s)' MOTs are up to date leaving 15% who weren't.
• 6% "don't know" who is responsible for the servicing of the company van(s).

 

Vehicle Damage

• 46% of company vans carry minor, and probably insignificant scratches/dents, but a further 25% have medium sized dents and 14% have large and unassessed areas of damage that could potentially affect the safety of the van.
• 22% have unrepaired damage to exhausts bumpers or mirrors.
• 55% have chips in their windscreen - something that is easily fixed but left unattended can lead to serious issues with driver visibility.

Attitude to Maintenance

• 9% of those questioned serviced their vehicles less than once a year and a further 6% never do so.
• More than one in ten (12%) checked tyre pressure and tread just once a year or even less. And 5% never do it.
• Fluid levels (oil and water) are left unchecked for a year or more by 15% with another 6% never checking. Only one in three will top up the anti-freeze when winter weather sets in.
• One in four test the brake function/fluid of their van just once a year or less.

How to Remain Compliant

Having robust "duty of care" procedures in place is essential for all fleet managers and here's where technology can help them remain compliant.

Technology like our Duty of Care module, provide an effective, foolproof way of ensuring your employees comply with your company's health and safety policies each time they use their vehicles.

Via their in-cab head up display, the driver must confirm whether their vehicle is safe to drive before they set off for the day. By compelling your drivers to carry out this initial vehicle check each day they drive, the technology safeguards your drivers from risks and you from prosecution.

And the vehicle maintenance log that's included with our vehicle tracking system gives you all the administration functionality you need to keep on top of MOT's and general vehicle maintenance of your entire fleet.

So while the lack of awareness of the Corporate Manslaughter Act and the attitudes towards maintenance highlighted by this study remain shocking, by implementing a complete vehicle telematics system companies can remain compliant with the act even if they don't know it!