The upshot of this is that many companies and their directors remain unsure of the exact risks and liabilities. More importantly, most are also unclear of precisely what they should be doing to fulfil their legal obligations and ensure the safety and well-being of their employees.

The arrival of the Corporate Manslaughter Act in 2008 was greeted with a fanfare of publicity about the legal consequences if car and van operators did not implement effective risk management controls. Without a clear 'audit trail' we were warned that enormous fines and naming and shaming would deal with the worst offenders.

Since then what has happened?

Well - not very much. There have been no fleet related prosecutions and potential corporate manslaughter charges in some incidents have been ignored in favour of other road traffic act offences. The huge number of (largely uncontrolled) employees who drive privately owned vehicles for business remain one of the greatest risks - yet no prosecutions have been reported.

So what does this mean for companies?

Have the resource and financial investments on driving licence checks, risk assessment and driver training been wasted?

The answer to these questions is an unequivocal no. Those who were just implementing policies and procedures to avoid prosecution were missing the key points. The new Act has not set any new "tests" but has relied on the long standing health and safety legislation underpinned by clear guidelines from the Health and Safety Executive (HSE). Managing occupational road risk is primarily about responsible employers having a duty of care to their employees and other road users.

Does the company and its directors hold all the responsibility or is it shared with the employee?

How should an employer inform its employees of their roles and responsibilities under health and safety and duty of care law?

In managing and mitigating liability, is it really possible to provide indemnity for the company by outsourcing to third party risk management 'experts'?

Now, a clear understanding of the topic, the legislation and the ultimate responsibilities of employers and employees is critical.

This paper aims to provide a clear and objective view of the subject, enabling a better understanding of what is required for companies to fulfil their moral and legal obligations, and minimise their risks.