THE CORPORATE MANSLAUGHTER ACT

[k979aaa]

For will is act stop the abuse of the (goodwill/stupidity) of our member's?. For now is the time for us all to remind all our member's that it is NOT a get out clause for their noncompliance and indeed if one is found to be breaking the law of the land it would speed up their dismissal!. For as i understand it we all must undertake a D.R.A. Driver Risk Assessment and in turn will be given a rateing of HIGH/MEDIUM/LOW and training must be given to those deemed at most risk!. AND THIS APPLY'S TO PRIVATE CAR'S AND DRIVER'S ON ROYALMAIL BUSINESS AS MUCH ROYALMAIL VAN DRIVER'S THEMSELF'S!. FOR IT IS MY UNDERSTANDING IT COME'S INTO FORCE ON THE 6 APRIL 2008!. IN LESS THAN ONE MONTH ARE WE TO EXPECT A WTL ( TEAM BRIEF ) ANY TIME SOON!!!.

[norbert]

For will is act stop the abuse of the (goodwill/stupidity) of our member's?. For now is the time for us all to remind all our member's that it is NOT a get out clause for their noncompliance and indeed if one is found to be breaking the law of the land it would speed up their dismissal!. For as i understand it we all must undertake a D.R.A. Driver Risk Assessment and in turn will be given a rateing of HIGH/MEDIUM/LOW and training must be given to those deemed at most risk!. AND THIS APPLY'S TO PRIVATE CAR'S AND DRIVER'S ON ROYALMAIL BUSINESS AS MUCH ROYALMAIL VAN DRIVER'S THEMSELF'S!. FOR IT IS MY UNDERSTANDING IT COME'S INTO FORCE ON THE 6 APRIL 2008!. IN LESS THAN ONE MONTH ARE WE TO EXPECT A WTL ( TEAM BRIEF ) ANY TIME SOON!!!.

from my experience of an ex nationalized industry , you'd have the book thrown at you in court and RM will wash their hands of you & won't back up you up . The Managers made no bones about it ,

Since when have RM done responsibility and it's got a lot worse with L&C's style , fear & blame culture .I believe RM will come down on people from a great height if there's the remotest possibility of anyone giving them problems .

There'll be excuses to get rid of people , it will initially, get silly & over zealous with opportunities to impress earn /brownie points and RM will use it as a tool against reps like with B&H .

[POSTMAN]

http://www.england-legislation.hmso.gov ... 70019_en_1

[peterloo]

come on then postman english and how it will affect us day 2 day basis would be nice

[k979aaa]

come on then postman english and how it will affect us day 2 day basis would be nice

IF YOU USE YOUR CAR FOR WORK IT WILL BE SUBJECT TO THE SAME STANDARD'S AS THE ROYALMAIL FLEET IN FUTURE NOT AS IT ONCE WAS!. IE CRACKDOWN ON ROYALMAIL DRIVER'S AND VEHICLE CHECK'S!.

[peterloo]

but i know there is more than that. duty of care or lack of it aspect alone could be huge to our industry. management may have to do there jobs properly

[k979aaa]

but i know there is more than that. duty of care or lack of it aspect alone could be huge to our industry. management may have to do there jobs properly

Like in my first post their is assessment's and knowingly allowing use of private car's on delivery!. BUT IT WILL NOT SHIFT THE BLAME TO MANAGEMENT ALONE ONLY THEIR IGNORANCE TO THE FACT'S THAT POSTIE'S USE THEIR CAR'S ILLEGALLY!.

[TrueBlueTerrier]

come on then postman english and how it will affect us day 2 day basis would be nice

Depends on how RM react to it:

http://www.justice.gov.uk/docs/manslaug ... eact07.pdf Understanding the Corporate Manslaughter and Corporate Homicide Act 2007

http://www.justice.gov.uk/docs/guidetom ... cide07.pdf A guide to the Corporate Manslaughter and Corporate Homicide Act 2007 - More in depth.

Looking at it it does depend on how RM are going to interpret the new law and their responsibilities vis a vee PMVs and we all suspect from experience how that will go.

[brothermagrew]

New manslaughter offence unlikely to apply to large companies for many years, says safety charity.

Large companies are unlikely to be prosecuted for the new offence of Corporate Manslaughter for many years – even though deaths will have resulted from their serious management failures and will have met the new legal test.

This is because the new Corporate Manslaughter and Corporate Homicide Act 2007 - which technically comes into effect after 6 April 2008 - contains strict retrospective clauses that mean not only must the death take place after 6 April 2008, but all the evidence supporting the allegation must also taken place after that date.

David Bergman, Executive Director of the CCA said:

“People have failed to recognise the significance of these clauses – and how they will delay this offence applying to deaths, even those which they are result of very serious management failings.

This will have a particular impact upon deaths involving large organisations which often involve evidence that goes back a number of years - relating to decisions taken long ago, or long-standing but poor systems of maintenance, training, or communication of information. It is ironic that it is these very organisations that were virtually immune from prosecution under the old law, and that the new law is designed to encompass. The new offence will only probably start applying to large organisation in relation to deaths that take place quite sometime after 2010.â€