Hot Topics
The Corporate Manslaughter and Corporate Homicide Act
Globally, more people are killed each year at work than are killed in
wars
(www.business.timesonline.co.uk).
The corporate manslaughter and corporate homicide act sets out
a new statutory offence in
England, Wales and Northern Island. This will be known as corporate
manslaughter in England
and in Scotland corporate homicide.
In terms of work related road safety, the corporate manslaughter
and homicide act will make it
easier to prosecute an organisation when the gross failure of
senior management leads to a
fatality. The act builds on existing duties of care rather than
imposing new obligations, where
individuals can be prosecuted for gross negligence, manslaughter
and health and safety
offences.
Under the new legislation, an organisation commits an offence
if the way in which its activities
are managed or organised, such as:
· Causing a person’s death
· Amounting to gross breach of a relevant duty of care owed by
the organisation to the
deceased.
Gross Breach Of Duty of Care
Organisations will face charges
of corporate manslaughter if death is caused by a gross breach
of duty of care. A breach is ‘gross’ if their conduct falls
below what can reasonably be expected
of the organisation. When considering whether the breach was
gross, the jury will assess
whether the organisation has failed to comply with any health
and safety legislation relating to
the breach, how serious that failing was and the level of
risk of death it posed.
Can Individuals be prosecuted for
the offence?
The new legislation means that individuals cannot be prosecuted
for the offence of corporate manslaughter/homicide. The legislation
aims to prosecute management failures and the organisation as a
whole. A new definition of senior management has been developed
into the act with the objective of making it easier to prosecute,
as individuals are often difficult to identify. The new legislation
does not change the fact that individuals can be prosecuted for
gross negligence manslaughter/culpable homicide and for health and
safety offences.
Penalties
If found guilty an organisation can face:
- Unlimited fine
Convicted businesses and organisations can
expect heavy fines, which can be up to 10%
of their
annual turnover.
- Remedial order
Organisations may be required to take steps
to address the failures behind the death.
- Publicity order
Organisations may have to publicise that they
have been convicted of the offence, the terms
of any
remedial order, the specified particulars of
the offence, and the fine imposed.
The offence does not apply to certain public
and government functions whose management involve
wider questions of public policy and are already
subject to other forms of accountability
What should you do to comply with the act?
Organisations
who already have a well-organised structure and manage their duty of care obligations
should not be unduly concerned by the new legislation.
It is advisable to:
- Understand your duty of care obligations at senior management level.
- Ensure that you have regular reviews in place, which examine the organisations
strategic
approach, responsibilities, reporting structures and policies in relation to
health and safety requirements.
- Implement any necessary changes, which has resulted from reviews and set
a date for the next
review.
Further Information
The Corporate Manslaughter and Corporate
Homicide Act 2007
www.opsi.gov.uk/acts/acts2007/pdf/ukpga_20070019_en.pdf
ROSPA
http://www.rospa.com/roadsafety/resources/employers.htm
Driving at work: Managing work related safety - www.hse.gov.uk/pubns/indg382.pdf
