Corporate Manslaughter Act Comes Into Effect
Jan 1, 2010
The Corporate Manslaughter and Corporate Homicide Act 2007 finally came into effect in the UK on 6 April 2008. The Act should make it easier for an organisation to be prosecuted when a fatality results from a gross management failure. The penalties will include fines that could be between 2.5 to 10% of the organisation’s annual turnover.
The Act does not include measures for individuals to be prosecuted, but it does not prevent individuals from being prosecuted under the Health & Safety at Work Act section 37 or for gross negligence manslaughter. Fatal accident investigations will focus on organisations’ policies and procedures and importantly on the actions of senior individuals.
Organisations that are currently fully legally compliant with health & safety legislative requirements should have no additional worries from this Act, as it does not introduce new health & safety duties. The Forum for Private Businesses has urged small businesses to be prepared for the Act’s implementation following a survey that found 50% of employers were not ready.
Typical areas where organisations fail to meet legislative requirements include:
- Failing to have an up to date health & safety policy in place Failing to actually implement the health & safety policy
- A lack of reviews and audits of workplace health & safety practice
- Poor training of employees involved in safety critical areas and tasks
- Poor communication of the health & safety policy to employees and contractors
Now is an ideal time to review an organisation’s health & safety management arrangements. Wilby Ltd consultants can assist in this review process, or can give briefings to senior management on the implications of the Corporate Manslaughter and Corporate Homicide Act.
