Corporate Manslaugter
| Published: 21st April 2008 10:31 |
CORPORATE MANSLAUGHTER - MANAGEMENT ACCOUNTABILITY
The law governing workplace fatalities changes on 6th April after more than a decade of deliberation. It is envisaged that the introduction of The Corporate Manslaughter and Corporate Homicide Act 2007 will result in a higher number of successful prosecutions of organisations than previously.
Under the new law, an organisation will be found guilty of corporate manslaughter (or "corporate homicide" in Scotland) if there has been a fatality as a result of gross health and safety failings of the company's senior management. This is a significant change to the previous legislation under which it had to be shown that the death was due to the negligence of an individual acting as the "directing mind" of the company, making it very difficult in the past to successfully prosecute large organisations.
In addition, workplace deaths will now be investigated by the police instead of the Health and Safety Executive, with more focus on how health and safety has been managed from top level down, holding senior management responsible for any gross breach of the duty of care owed to employees, the public or other individuals. Such failings could amount to actions, omissions and other behaviour, including inappropriate delegation.
For organisations which do not already have effective systems in place, now is the time to put health and safety on the business agenda to ensure that obligations are being met under the new law. This means introducing a clear health and safety policy, delivering appropriate staff training programmes, and providing safe environment and working practices. All breaches of health and safety must be handled as disciplinary matters and action taken where justified.
Crucially, employment contracts for senior managers should emphasise their duties in relation to health and safety, and lines of responsibility made clear in job descriptions and other company documents. To foster a safety culture, management must always lead by example and encourage open employee communication, with a formal whistle-blowing policy to allow confidential reporting of health and safety shortcomings.
©2008 hancocks solicitors|15 Wheeler Gate| Nottingham | NG1 2NA |
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