New Law - Corporate Manslaughter
Added on 19th February 2008

The Corporate Manslaughter and Corporate Homicide Act 2007 will come into force on
6 April 2008.  Organisations will be prosecuted under this Act where there has been a gross failing in the management of health and safety resulting in a fatality.

The definition of corporate manslaughter within the act is when “management failure by senior managers of a corporation, a Crown body, a police force, a partnership, trade union or employer’s association is a substantial element in a gross breach of duty to take care causing the death of employees or others”.

In the event of a fatality, an organisation’s conduct will be assessed looking at the extent of any breach of health and safety legislation, whether

Management were aware of the risks and whether they sought to profit from the breaches.  Courts will look at attitudes, procedures and policies within the organisation.  Penalties include unlimited fines and publicity orders.

To ensure compliance with the new legislation, you may wish to review your safety management policies and procedures making sure they are being applied within your company.  Make your directors and senior management aware of their responsibilities training them where necessary.

Contact our sister company at www.fleetmonitor.org for further advice.