Corporate Manslaughter – The final bell!
WITH the increase in work related deaths over the last decade the government has long debated the issue of how to raise accountability and responsibility for employers to protect the needs of their workforce in terms of health and safety.
What has been delivered is an act which seeks to do just that and one which no doubt will see many a boardroom discussion over the coming months. So what does it mean for your company and what do you need to do to ensure compliance.
From 6 April 2008 the new Corporate Manslaughter and Corporate Homicide Act 2007 took effect.
This act will allow prosecution against corporations who are proved to have been criminally negligent in their operation focusing on the delivery of health and safety and working practices.
It is an attempt by Government to reduce the number of work-related deaths. The courts will look at the management systems and practices across the organisation to understand if the organisation failed in its duty of care to the employee.
The employer will be prosecuted if there were serious failures in the management of health and safety which lead to the fatality.
This will mean it is imperative that directors and senior managers review their health and safety policies over the coming months to ensure the adoption of best practice throughout their organisation.
The offence applies to all employer organisations, including companies and partnerships. Individuals cannot be prosecuted under the new Act, but they can still be prosecuted under the common law offence of manslaughter where it can be proved that personal gross negligence amounted to the offence.
Directors and partners therefore must be aware of these issues within their Companies to give protection to themselves. Simply not knowing is simply not enough.
So what should you do?
- Review your health and safety policy
- Ensure that all staff are correctly trained in health and safety procedures and are competent in the same
- Monitor your policies and procedures, with regular risk-assessment checks on management systems and controls
- Consult with your legal team to ensure the best legal protection possible.
- Take responsibility
For more information on this Act and its implication speak to your legal advisor or contact Aeveen Daly, Partner, CavanaghKelly on 02887752990 or aeveen.daly@cavanaghkelly.com
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Saturday 04 February 2012
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