Corporate manslaughter and corporate homicide act
Corporate Manslaughter - submitted by Kate Russell, Author of 101 Tips for Employers
On 6th April 2008 the Corporate Manslaughter and Corporate Homicide Act 2007 came into force. The prosecution of companies for gross negligence, manslaughter or culpable homicide has been notoriously difficult because the law requires proof that a “directing mind” (i.e. an individual at the top of the organisation who can be said to embody its decisions or actions) was guilty of the offence.
Prosecutions will be brought against the organisation itself, not specific individuals. An organisation can be guilty of the offence if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care to the deceased. A substantial part of the breach must have been in the way activities were managed by senior management. The courts will look at management systems and practices across the organisation, and decide whether an adequate standard of care was applied to the fatal activity.
In determining liability, juries will consider the extent to which an organisation was in breach of safety requirements, and the severity of those failings. The way in which activities were managed or organised must have fallen far below what could reasonably have been expected. The Act covers companies operating in all sectors, provided protection for employees, customers, visitors and where appropriate, members of the public.
Organisations found guilty will be ordered to take remedial measures to ensure they put in place adequate safety systems and procedures. They may also be ordered to make public what went wrong and what is being done to repair the situation.
The new Act is intended to complement, not replace, other forms of accountability such as prosecutions under health and safety legislation and is specifically linked to existing health and safety requirements.
Actions for employers
- Consider who constitutes a ’senior manager’ and ensure they have appropriate training for their role.
- Provide update training for senior managers on their health and safety responsibilities.
- Review all health and safety policies to ensure that statements made and standards set are achievable.
- Check that your insurance cover includes legal protection in the event of criminal charges for corporate manslaughter.
- Review your health and safety culture to promote a safer environment for your employees, visitors and, where relevant, the public.
- Revisit your disaster management plan and ensure there is a protocol for dealing with the authorities and working with legal advisers if a fatality occurs.
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Safety experts are predicting that it will be someone driving for work that triggers the first court case. A safe bet as more people die at work in a vehicle than in any other work area. It occurs to me that employees of automotive retailers are at risk. Sales staff demonstrate vehicles and Technical staff maintain and test them.
Dealerships must conduct risk assessments on all drivers, and have policies in place to demonstrate duty of care if they are to strengthen their legal position in the sad event of fatal collision. Additionally, the positive effect on Company culture from this road safety stance will return a reduction in operating costs and an appreciative work force. There’s a lot to gain. If you would like help with this please feel free to contact me from our web site, where you will also find more information on the subject.