Corporate Manslaughter - new Act, new responsibility
The new Corporate Manslaughter Act comes into force on 6th April 2008. Just what does this mean for employers? Who does it apply to exactly? Can you be individually prosecuted under the Act? And what can your organisation do to ensure it complies?
The new law applies to any organisation - from businesses, charities, and government departments to universities police forces or NHS Trusts. This means that all organisations from large suppliers to small contractor business could be prosecuted, where someone dies through gross failure in the management of health and safety.
This legislation is aimed at cases where management failures lie across an organisation and it is the organisation itself that will face prosecution and not directors, senior managers or other individuals. However, any employee can still be prosecuted as an individual, fined or sent to prison, under the law relating to gross negligence manslaughter and for health and safety offences.
All employers must already comply with health and safety legislation and the Act does not affect those requirements. However, now is a good time to review your health and safety policies and procedures.
Guidance to help companies and organisations prepare for the Act can be found at:
http://www.justice.gov.uk/publications/corporatemanslaughter2007.htm