As we reported earlier this year, the Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.

The Act, which will come into force on 6 April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality.  The legislation should make it easier to prosecute organisations when their gross negligence causes a death. Under the current proposals, organisations convicted of corporate manslaughter are likely to be fined between 2.5% and 10% of their annual turnover and subjected to a publicity and/or remedial order.
Although the new offence is not part of health and safety law, it will introduce an important new element in the corporate management of health and safety.

Prosecutions will be of the corporate body and not individuals, but the liability of Directors, board members or other individuals under health and safety law or general criminal law, will be unaffected. The corporate body itself and individuals can still be prosecuted for separate health and safety offences.

The Act also largely removes the Crown immunity that applies to the existing common law corporate manslaughter offence. This is welcome, and consistent with Government and Health and Safety Commission policy to secure the eventual removal of Crown immunity for health and safety offences.

It is essential that senior managers are prepared, by reviewing current health and safety management systems and by devising and instituting adequate and effective policies into overall corporate strategy.  Particular emphasis should be paid on how senior management manage or organise their activities. Employers should now be ensuring that risk assessments and health and safety procedures are not only up to date and in place throughout the work place, but that employees are aware of and fully understand Company requirements and policy.

Companies and organisations must do all that is reasonably practicable to protect people from risks that may cause injury or death as a result of their operation. As an employer you not only have to make your workplace and activities safe, but you must also ensure that the safe working practices are met and adhered to at all times.

It is your responsibility to enforce your company policy.  As we constantly point out authorities adopt the rule 'If it's not written down, it's not been said or done'. This is where company policy documents and risk assessments must be clear, concise and circulated; the important information should be recorded as read and understood by employees.  Much of this information can be passed on in an 'induction session' or by starting this new financial year circulating your Company Health and Safety Policy and findings of any risk assessments you may have made.

The Ministry of Justice leads on the Act and more information is available on its Corporate Manslaughter and Corporate Homicide Act 2007 webpage. You can view this information 'Here'