What is the Corporate Manslaughter Act?
And how does it affect you as an employer?
The Corporate Manslaughter Act came onto the statute book in July 2007 as the 'Corporate Manslaughter and Corporate Homicide Bill', and became effective 6 April 2008. The Act clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality.
How it will affect you?
The bill renders organisations proven to be aware of risks that put inadequate measures in place to diminish or negate those risks, vulnerable to prosecution.
Who is affected?
The offence applies to all businesses and corporations, partnerships, trade unions and even Police forces.
Background
Prosecutions of companies for corporate manslaughter have previously relied on the successful identification of individual managers or directors as the 'controlling mind' of the organisation. This is no longer the case. Under the new offence of Corporate Manslaughter, the company or organisation itself can be held criminally liable for the most serious incidences of management failure that result in death. An organisation will be guilty of the offence of Corporate Manslaughter if the way in which any of its activities are managed or organised by its senior managers causes a person's death, or amounts to a gross breach of the Duty of Care it owed to the deceased.
Skyguard can enable you to reduce your actual and potential vulnerability to the Corporate Manslaughter Act. We've done it for a host of organisations, and we can do it for you. Just contact us to tell us your requirements, and find out how we can help.
Useful links:
About the Corporate Manslaughter Act 2007 - HSE
Understanding the Corporate Manslaughter and Corporate Homicide Act 2007