Businesses unaware of corporate manslaughter offence

31/01/2008

The majority of employers are unaware of an impending law which could leave them open to prosecution in the event of an employee’s death.

For the first time, businesses will be liable for prosecution if poor management is thought to have resulted in someone’s death under the Corporate Manslaughter and Corporate Homicide Act.

The Act, which comes into force on April 2008, introduces a new offence for prosecuting companies and other organisation where a gross failing in the management of health and safety has led to a fatality.

A recent survey by employment law firm Peninsula has found that almost 80% of employers are unaware and unprepared for the change in the law. This is in spite of the fact that over 80% of employers admitted to dealing with a workplace accident in the past 12 months.

Noel Pilling, health and safety director for Peninsula, commented: “A lapse in company health and safety policies, leading to fatalities, could see businesses fined, and in serious cases members of senior management could face imprisonment. Management need to make sure they set good examples to the rest of staff regarding this.”

Taking actions such as backing up documents relating to health and safety policies, faxes, memos and minutes of safety-related meetings could provide proof that poor management was not to blame in the event of a tragedy, Peninsula said.

Pilling added: “Appoint someone at a senior level, who will act responsibly and reasonably for corporate health and safety then, should a disaster occur, neither they nor the company will be prosecutable for manslaughter.

“The Act makes it plain that there is no liability where the management of an activity includes reasonable safeguards but a death nonetheless occurs.”