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PREPARE FOR A NEW BURDEN OF PROOF
Page 3
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"One day you're running an efficient operation; the next you're in the maelstrom"
There are times when paranoia is your friend, and the advent of the Corporate Manslaughter Bill is one of those times. Our operator panel (see page 36) was not against the law coming into force, or indeed against any law which makes life safer, But they are deeply concerned, It used to be enough to follow the law. Then you had to document that compliance with statutory records. And now you must document even those things which no external inspector will ever need to see in the normal running of your business. Things which appear irrelevantuntil you need to defend yourself.
It is no longer going to be enough to tell drivers company policies verbally; they must be written down and each driver must sign for his copy. It will no longer be enough to have a quiet word with someone who takes chances; you will have to minute the meeting. In fact doing everything perfectly will not be enough unless you can wave pieces of paper and computer discs to prove you're on the right side of the law.
The Corporate Manslaughter Bill might well put the fear of justice in those murky corners of the industry we would all like illuminated. But the fact is that accidents happen, even to the best of us. Some members of our panel have had vehicles involved in serious incidents. It happens and it's not always someone's fault.
But at that point, scared, shocked and appalled as you may be, you will find yourself facing a rigorous inspection of everything you do. How do you implement the Working Time Directive? How often are your trucks inspected? Where are the nil defect reporting sheets? Where are your written policies on drivers' hours, disciplinary procedures, health and safety...?
One day you 're running an efficient operation, the next you're in the middle of the maelstrom, trying to snatch pieces of paper from the wind. The overriding message from our operator panel is to think about all of this now. Because when you need it, there will be no time to think.