Corporate Manslaughter Act - Is your business ready?

The new Corporate Manslaughter and Corporate Homicide Act 2007 will come into force on 6 April 2008. Under the Act companies can be prosecuted for corporate manslaughter where senior management’s failure has resulted in individuals’ death.

The new law

Under the new Act companies will be convicted if their activities are carried on in a way that causes an individuals’ death and amounts to a ‘gross breach’ of the ‘relevant duty of care’. In deciding whether there has been a gross failure the jury would be able to consider whether the company has complied with health and safety legislation and guidance. In the construction context the jury would be asked to consider compliance with the Construction Design and Management Regulations 2007 and any other attitudes and polices, systems or accepted practices within the company that would have led to non compliance with health and safety law.

In addition to companies receiving high fines, they could also be subject to corporate probation orders and could be ‘named and shamed’ under the new publicity orders if their activities have caused a fatality due to their negligence.
 
Going forward

Boards of directors will need to have a role in promoting health and safety and ensuring effective risk control systems and a positive health and safety culture. An effective health and safety management system may be demonstrated by ensuring that risk assessments, systems of work and all other policies and procedures are comprehensive, workable and documented.

Cobbetts LLP can assist you with your organisation's training and briefing needs on this new legislation. We can provide your board of directors/senior managers or other staff bespoke training, briefings and presentations on what the Corporate Manslaughter and Homicide Act will mean for your organisation (and for them as individuals) in the context of their current health and safety obligations.

If you would like to discuss your training needs please contact

Kirsty Gomersal

0845 404 1683 

For further information regarding the new Corporate Manslaughter legislation follow this link to the full article...

The content of this article is for information only and should not be relied upon as a substitute for legal advice.

Copyright 2008 Cobbetts - All rights reserved - March 2008