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Keep clear of flu Id ling zone 1
Page 38
Page 39
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CM'S upcoming conference on the new
Corporate Manslaughter Bill is the ideal chance to wise up on this law before it's too late. Brian Weatherley reports.
Many operators are no doubt vaguely aware that the government is preparing legislation on corporate manslaughter, which will affect the way companies are dealt with when an employee or member of the public is killed as a result of their operation. But it's a fair bet that few of them could give you details of the new law — or its potential impact on road transport.
Unfortunately, when it comes to the law ignorance is no defence.
When the new bill is enshrined in law (and rest assured it's a matter of 'when', not 'if). transport companies could find themselves in the firing line following a fatal accident. In particular the new law will make it easier to prosecute companies who have failed in their responsibilities towards their workforce or the public.
So how can you find out about the new law? And equally importantly, do you know what your responsibilities are as a senior manager under existing manslaughter law? This is important because the proposed Corporate Manslaughter Bill is in addition to existing legislation— it won't replace it.
The quickest way to get the knowledge and stay out of the killing zone is to attend Commercial Motor's Corporate Manslaughter Conference on 19 October. We've assembled a top-notch line-up of expert speakers from the legal profession, police, trade associations, risk-management and drink/drugs-testing organisations.They'll be offering an invaluable briefing on the new bill and how you need to prepare your business to avoid falling foul of it
Setting the scene
Stephen Kirkbright, from leading transport solicitors Ford & Warren, will kick off our conference by explaining exactly what constitutes corporate manslaughter, who could be charged with it and what the new law will mean to operators. He'll also be spelling out the kind of scenario that would trigger a prosecution, either from the police or the HSE.
Dealing with disaster
Kirkbright will be followed by his partner at Ford & Warren, Chris Charlesworth, who will explain what happens when a fatality occurs and how you should handle those vital first 24 hours when the investigating authorities come knocking on your door. Do you have a disaster action plan in place?
When accidents happen
How do the police approach corporate manslaughter cases and what procedures do they apply when a truck has been involved in a fatal road accident? What 'best-practice' tools are there to avoid prosecution? Chief Inspector Ian Brooks from the Metropolitan Police will have the answers.
Protecting your business
The Road Haulage Association's ICON insurance scheme could help pay for your legal defence in the event of a corporate manslaughter prosecution.But what must you do to get ICON cover? RHA chief executive Roger King and Graham Cook from RI-IA Insurance Services will explain how the scheme works.
Controlling your subcontractors
It's all very well having strict rules for you own workforce, but what about your subcontractors? Leading risk-management expert Dr Will Murray will tell you how to make sure you are not left exposed to prosecution by their actions, and how your 'occupational roadrisk-management' policy should be set up.
Drink/drugs testing
How exposed are UK operators to drink and drugs in the workplace? How can you create a drink/drug-free culture throughout your entire workforce? Mat Kutub from Gredonstar will explain how to check for and manage drink/ drug problems before they cause an accident.
Putting it all into action
Commercial Motor editor-in-chief and conference chairman Brian Weatherlev and Roadsafe Consultancy's Dr Will Murray will put together a bullet-point action plan for delegates, drawing together the key points from each of the day's speakers, before concluding with a O&A forum. Are you a transport company director, company secretary or proprietor? Or a senior manager with responsibility for health and safety, risk management or controlling transport workers?
Then its about time you found out exactly what the existing law and the proposed Corporate Manslaughter Bill means to you.
Join Commercial Motor on 19 October at the National Motorcycle Museum in Birmingham and remove that knowledge deficit for good. •