Corporate Manslaughter
The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on the 6th April 2008. The Act introduces a new statutory offence of corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland.
It means that a Company, whose gross negligence results in death, will face criminal prosecution for manslaughter.
Penalties will include unlimited fines, remedial orders and publicity orders. A remedial order will require an Employer to take steps to remedy any management failure that led to a death. The court can also impose an order requiring the Company to publicise that it has been convicted of the offence, giving the details, the amount of any fine imposed and the terms of any remedial order made.
Employers should consider the impact of their current procedures and put safeguards in place to ensure that their employees are informed of safe practices.
Practical steps an employer can take to minimise the risk of prosecution include:
- ensuring compliance with its general health and safety obligations and any industry or sector-specific obligations
- ensuring that, where responsibility for health and safety is delegated, everyone is fully aware of their responsibilities and there are no loopholes
- appointing a health and safety director and/or committee responsible for health and safety at board level
- ensuring that adequate records of compliance with health and safety obligations are kept, monitored and reported
Further information is available by contacting Louise on 07949 552403 or by email Louise@indigohr.com
Disclaimer – Indigo HR provides these details as help and support however, we do not assume legal responsibility for the accuracy of any particular statement. If you have specific views or situations which you wish to discuss we would be pleased to assist you.
Correct at April 2008