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Driver objections

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An overhaul of the existing Duty of Care legislation came into play in April 2008 and proved significant for anyone employing people who drive in the course of their working day. But far from the headache some are predicting, for businesses committed to good health & safety practices, the changes could actually prove a blessing in disguise.

The law may be tougher, but it is certainly true that the changes will add to the liabilities companies face under current legislation. Under the new criminal offence of Corporate Manslaughter, for example, senior management of a company can be prosecuted if it is felt someone has been killed due to their gross breach of health and safety laws. Moreover, the legislation also extends to safety failures concerning passengers, other motorists and pedestrians put at risk by an employee's work-related driving activities.

However, companies able to demonstrate that they have implemented and monitor an effective and appropriate safety risk management system, will have nothing to fear under the new legislation. And for those wanting reassurance that they are doing enough, according to experts the important phrase to remember is "If you can't measure it, you can't manage it."

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