1. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter & Health & Safety Considerations in Driver/Rider Offender Retraining Schemes Stuart Gemmel Driving Services/Drivetech

2. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Objectives Highlight relevant content of new Corporate Manslaughter & Corporate Homicide Act 2007 Consider suitable risk identification, assessment & control measures for Driver/Rider Offender retraining schemes

3. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 Effective April 2008 Changes requirement to prove individual gross negligence by the ‘controlling mind’ Most prosecutions failed due to inability to identify the ‘controlling mind’ – only 7 successful prosecutions were achieved under the old legislation – all small companies

4. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 New legislation prosecutes the organisation Reflects changes in society’s attitudes toward corporate accountability

5. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 Key features – the offence: (1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised - (a) causes a person’s death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

6. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 Key features – the offence: The organisation will only be guilty if the way in which its activities are managed or organised by senior management is a substantial element in the breach of D.O.C.

7. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 What does ‘senior management’ mean? Significant role in decision making or Plays a substantial part in how the organisations activities are managed or organised or Plays a significant role in the actual managing or organising of the whole or a substantial part of those activities.

8. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 Gross Breach of Duty of Care: Conduct falls far below what can reasonably be expected of an organisation in the circumstances

9. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 Relevant duty of care (applicable key considerations re WRRS) A duty owed to employees or other persons working for the organisation A duty owed as occupier of premises A duty owed in connection with supply of goods or services The use or keeping by the organisation of any plant, vehicle or other thing A duty owed to a person for whose safety the organisation is responsible

10. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Corporate Manslaughter and Corporate Homicide Act 2007 Factors the jury must consider - Failure to comply with H&S legislation The jury may also consider – Extent to which evidence shows; attitudes, policies, systems or accepted practices that may have encouraged failure/produced tolerance Have regard to H&S guidance re the breach – guidance means code, guidance, manual or similar publication issued by relevant authority

11. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Health & Safety at Work & Driving Applicable Primary Legislation: Health & Safety at Work Etc Act 1974 Management of Health & Safety at Work Regs 1999 Provision & Use of Work Equipment Regs 1998 Of course other legislation may apply as well depending upon activities, it’s the provider’s & sub-contractors joint responsibility to identify this and ensure compliance, seeking qualified advice where necessary

12. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Health & Safety at Work & Driving Risk Identification & Assessment By sub-contracting delivery providers cannot transfer responsibility Providers (and their sub-contractors) must be able to demonstrate suitable & sufficient risk evaluation and management processes for their activities This should consider: Equipment (vehicles, electrical equipment etc) Environment (premises, location, changeover points) People (competence evaluation, disabilities, interaction with others) It should not be assumed that sub-contractors have the knowledge regarding HaSaW law as it applies to their activities re delivery of courses

13. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Risk Assessment & Control – Suitable & Sufficient? Management: Has a risk assessment process been applied to cover all activities? Has it been recorded? Have controls been implemented where necessary? Are collisions reported and investigated? Are reviews carried out regularly? Are the above recorded and demonstrable?

14. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Risk Assessment & Control – Suitable & Sufficient? Sub-Contractors (inc Trainers): Is competency relevant to activity assessed? Are trainers aware of duty of care and HaSaW responsibilities re delivery of the service on your behalf? Is sufficient guidance provided to sub-contractors re providers expectations and policies? Are compliance reviews carried out regularly on sub-contractors? Are the above recorded and demonstrable?

15. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Risk Assessment & Control – Suitable & Sufficient? Vehicles: Can you demonstrate: Vehicles assessed re suitability for purpose? Maintenance and condition monitored? Records maintained re above?

16. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Risk Assessment & Control – Suitable & Sufficient? Journey: Policy re driver management including changeovers? Policy re conducting training in adverse weather conditions? Personal safety matters? Defined procedures in the event of a collision?

17. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 Health & Safety at Work & Driving Enforcement: No active policing/enforcement policy by the HSE! HSE look to the Police to inform them of any identified corporate contributory factors that may have contributed to a crash (guidance in RDIM) Road Traffic related legislation takes precedence Experience has shown that most cases referred to the HSE by Police are not acted upon with the HSE referring the case back to Police The above would suggest the risk of prosecution is low, but should not be discounted.

18. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500 To Summarise Are you comfortable that you would stand scrutiny against the legal issues highlighted? How easy would it be for you to demonstrate your Health & Safety law compliance including risk management procedures to the enforcement authorities? If in doubt, consult your organisation’s Health & Safety practitioner/s Thank you

19. Driving Services UK Limited. The Old Barn, Ledsham Village, Cheshire, CH66 ONE. Tel : 0151 347 4500