As such, a high level appreciation for these areas of law helps to understand the action that is required. The key areas where the law has a direct reference to driving at work are as follows:

Health and Safety at Work Act 1974

All employers have a duty to ensure, so far as is reasonably practicable, the health and safety of all employees while at work. They also have a responsibility to ensure that others (non-employees) are not put at risk by your work related driving activities.

Management of Health and Safety at Work Regulations 1999

Employers have a responsibility to manage health and safety effectively. The employer is required to carry out an assessment of the risks to the health and safety of their employees while they are at work and to other people who may be affected by their work activities. The Regulations require employers to periodically review the risk assessment so that it remains appropriate. A record must be kept of the risk assessment and any measures implemented.

Health and Safety Offences Act 2008

This law came into force in January 2009. The effect of this change is that it increases penalties and provides courts with greater sentencing powers for those who flout health and safety legislation. While car and van fleets are not specifically mentioned in the legislation it is clear that any health and safety breaches in the operation of car and van fleets will be covered.

Corporate Manslaughter Act 2008

The Corporate Manslaughter Act became law in April 2008, effectively making it easier for large companies to be prosecuted. Prior to the Act there was a need to hold a specific individual to account when a company was being prosecuted for manslaughter. This Act marks a change in this practice and enables the company as an entity to be liable for manslaughter where gross failures in the management of health and safety cause death. This complements the law under which individuals can be prosecuted for gross negligence, manslaughter and health and safety breaches where there is direct evidence of individual culpability.

The offence

An organisation to which this section applies is guilty of an offence if the way in which any of its activities are managed or organised by its senior managers;

• causes a person's death, and
• amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

In addition there are many other laws and requirements for all road users. Some of these are heavily focused towards the driver, who will typically bear the greatest burden of responsibility.

The Road Traffic Act and Construction and Use Regulations are primarily focused on the driver, although under 'cause or permit' principles the company cannot either cause or knowingly permit an employee to breach these regulations.

The major risk to companies now is the increased potential for successful civil actions against a company that is proved negligent in its health and safety obligations, with the prospect of very significant fines.

Moreover, if an injured party identifies that a company vehicle was involved inan accident, the opportunity for large payouts becomes apparent, as there will no longer be the need to identify individuals responsible.

Key to the success of the Corporate Manslaughter Act is the change in focus by the police when investigating a serious accident. We know that this has already become evident, with the scenes of serious road accidents being treated as potential crime scenes and investigations launched.

'Fact finding' at the scene of an accident includes questions relating to whether the driver was using the vehicle for private or business purposes and what their work and rest patterns have been over the period prior to the incident.

Questions relating to the condition of the vehicle and the condition or concentration levels of the driver can also have a business implication. For instance, has the driver been working long hours, using a mobile phone whilst driving, or driving a vehicle that has a defect affecting its safety?

Put quite simply, the option of not having a robust and rigorously applied health and safety policy is long gone if legal compliance is to be ensured.