Any vehicle used in the pursuit of any type of business, including employees travelling from one location to another as part of their work comes under the legislation.

Companies that employ a small number of workers or are own traders are required by law to have in place an on-road risk assessment policy. A crash involving a worker driving for a business could effectively close down the business.

The view of the Institution of Occupational Safety and Health is that directors, and in some cases the entire board, could be suspended when companies are convicted under new corporate manslaughter legislation.

This was in response to a Sentencing Advisory Council consultation on corporate manslaughter. The Corporate Manslaughter and Corporate Homicide Act came into effect on 6 April 2008.

Fewer than half of companies (47 per cent) have implemented occupational road risk management policies and procedures to meet their duty of care responsibilities since the introduction of the Corporate Manslaughter and Corporate Homicide Act. According to the Lex Corporate Manslaughter Report, a third of the 229 financial directors, controllers and chief financial officers quizzed from medium and large business did not know whether or not such procedures were in place.

This probably means that a great many small or one-man companies are leaving themselves open to prosecution in the event of a road crash.

Norwich Union Risk Services have highlighted research carried out by the Health and Safety Laboratory which showed that more than a quarter (28 per cent) of firms had never carried out a risk assessment of their workplace transport operations.

The study also revealed that 26 per cent had failed to provide any training for their workplace transport operators.

There have been numerous prosecutions brought by the HSE recently which could have easily been avoided if proper training had been given and adequate risk assessments carried out.

Health and safety on the road is the responsibility of everyone and in the future could affect everyone working for that company.

n Do you need advice about driving matters or do you have a burning question to ask?

Write to Driving Forward, Diss Express, Norfolk & Suffolk House, Mere Street, Diss, Norfolk, IP22 4AE or email editorial@dissexpress.co.uk

Terry Plummer runs Drive Train – Driver Development Training.

He can be contacted on 01379 740729