New legislation came into force on 16 January 2009.

The Health and Safety (Offences) Act 2008.

It targets directors and managers of any size business. But only those managers that turn a blind eye to managing the risks of driving for business.

Those business owners found guilty of not managing road risk could find themselves jailed for up to two years.

What’s meant by this? Not maintaining you company’s business cars regularly, for example. Or knowing that a car’s tyres were illegal – but not replacing them to save on costs.

The new Act amends the sentencing provisions contained in the Health and Safety at Work Act 1974.

The Health and Safety (Offences) Act 2008 is aimed at punishing individuals. It runs parallel to the Corporate Manslaughter Act, which targets rogue enterprises.

However, a health and safety breach will not have to result in a death for action to be taken – unlike the Corporate Manslaughter Act.

It’s a crucial difference. It makes it more important than ever that companies take health and safety seriously.

The new Act broadens the range of offences for which an individual can be imprisoned. And increases the maximum penalties that can be imposed from £5,000 to £20,000 in the lower courts.

Prior to the new Act, penalty options were limited. However for particularly blameworthy offences committed by individuals, jail sentences can now be imposed reflecting the severity of the crimes.

The Health and Safety Executive (HSE) has made it clear that its enforcement policy will target “those who cut corners, gain commercial advantage over competitors by failing to comply with health and safety law and put workers and the public at risk.”

Companies that act responsibly have nothing to fear.

Now is a good time to review your risk processes. And be sure that your company is legally compliant. The following will give you a head start:

• Follow HSE guidance in assessing risks, including those associated with business driving – see HSE guidance Driving for Work
• Implement measures to manage and minimise the risk
• Devise an audit trail capable of legal scrutiny to demonstrate that the company is actually implementing health and safety; and not simply paying lip service to the issues
• Develop a culture that ensures demonstration and encouragement of health and safety issues from the top down

Further information

See the news story Jail or £20k fine for health and safety law breakers

Visit www.fleetcheck.co.uk to find out more about managing your business cars safely and legally

For further comment, see the Editor’s Blog New H&S law: should you take it seriously?