Companies and organisations of any type must proactively manage their responsibilities regarding legislation surrounding HSE Health & Safety and Duty of Care, especially in light of the Corporate Manslaughter & Corporate Homicide Act 2007.
Section 1(1) of the Act states that if “the way in which its activities are managed” amounts to a gross breach of duty of care owed by an organisation to a person who dies as a result, the test will be one of senior management failure.
Section 8(3) of the Act states that among other factors the jury may “consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure (to comply with Health & Safety Legislation) or to have produced tolerance of it.”
The Sentencing Advisory Panel has stated that:
- First time offenders
- Not guilty plea but convicted
- Fine equivalent to 2.5% to 10% of the average turnover for the proceeding three years.
Faamco offers Compliance Management as a ‘stand alone’ service designed to provide proactive systems, processes and procedures to ensure compliance. Essentially Compliance Management ensures that individuals driving company vehicles (whatever the category), their own vehicles on company business or indeed sub-contractors and hauliers moving your goods from A to B are checked regularly to ensure they can legally entitled to do so with all documents being scanned and held on-line for inspection etc.
Faamco believe that there isn’t a one size fits all and can tailor its Compliance Management service to each customers individual requirements. This can include the development of a ‘Permit to Drive’ for its own employees or sub-contractors.