Following news of the first prosecution under the 2007 Corporate Manslaughter Act, leading risk management solutions and driver training provider Cardinus has warned that companies need to have the appropriate risk management systems in place to ensure it doesn’t happen to them.

Cotswold Geotechnical Holdings is accused over the death of employee Alexander Wright, 27, who was killed when a pit collapsed in September 2008. The junior geologist was taking soil samples at a site near Stroud in Gloucestershire at the time.

Company director Peter Eaton is charged with gross negligence manslaughter and could be jailed for life if convicted. The maximum sentence for the firm is an unlimited fine. The case is due before magistrates in Stroud on 17 June. Both he and the company are also reported to be facing health and safety charges.

The 2007 Corporate Manslaughter Act was brought in last year to make it easier to bring companies to justice over the death of employees.

More work-related fatalities which occurred after April 2008 are reportedly under investigation for corporate manslaughter, say legal experts.

Keith Vincent, marketing director at Cardinus, said:”This first prosecution, regardless of the verdict, sounds as a warning to companies to ensure they have their houses in order.”

Cardinus feels that companies could be most vulnerable from a Corporate Manslaughter ruling through the actions of their ‘grey fleet’, which comprises of those employees who use their own vehicles on company business, but may not insure, service or maintain them as appropriately or thoroughly as company owned vehicles.

Keith Vincent said that companies and their fleet managers needed to be more vigilant and exercise greater control over ‘grey fleet’ vehicles if they were not to be left exposed.

“’Grey fleet’ vehicles should always be carefully considered within any overall fleet risk assessment programme as they could prove to be a company’s Achilles’ heel,” he said. “It is incumbent on companies to show that their employees are using equipment that is fit for purpose to comply with all current legislation.

“For employees that drive for business, the employer will still be liable for the employee’s negligence in the event of a serious accident by virtue of vicarious liability, regardless of who owns the vehicle.

“So checking the condition of ‘grey fleet’ vehicles, especially as they may be physically seen by the company less often than company owned vehicles, is of vital importance if a company is to remain compliant with the law,” he said.

Cardinus offers a service aimed at helping companies tackle issues around their ‘grey fleet’, that includes the checking and validation of driving licences, vehicle condition, business insurance, Road Fund Licence and MOT to ensure that companies fully meet their duty of care obligations. Click for more details.

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