Employment Law Cases

A cartoon in Private Eye magazine a few years ago, which was titled ‘Director with responsibility for going to jail’ would have raised a few eyebrows then. It illustrated the serious point that pressure was being brought on organisations to improve health and safety from a variety of sources, not least legal.The latest piece of health and safety legislation with potential for a substantial effect on the way businesses manage health and safety comes in the shape of the new offence of corporate manslaughter, came into force from 6 April 2008. it will necessitate even greater scrutiny of health and safety, meaning organisations need to take careful stock of existing arrangements.

What is Corporate Manslaughter Act?

Under the Corporate Manslaughter and Corporate Homicide Act 2007 (1), companies face unlimited fines and other penalties if found guilty of corporate manslaughter. It is currently possible to prosecute companies for the existing offence of manslaughter, but it will be far easier to convict under the Act. For a successful manslaughter conviction under the current law, the prosecution must prove that a director or senior manager - a ‘controlling mind’ - is guilty of manslaughter. The offence applies to all companies, corporate bodies, partnerships (if employers), government departments and police forces.If found guilty of corporate manslaughter, an organisation can face an unlimited fine. This is likely to be high, as Ministry of Justice guidance (2) on the act suggests; it refers to the record £15m fine Transco received in 2005 following a fatal explosion.

For instance, two businessmen were sentenced to nine and 12 months imprisonment respectively in July 2007 following the death of a 28-year-old man in a concrete manufacturing machine. Unusually, the company employing them was also found guilty of manslaughter and ordered to pay a £75,000 fine.

Avoiding Prosecution

The key to avoiding prosecution is simply to ensure that your organisation is following the relevant health and safety legislation and good practice guidance. Justice Minister Maria Eagle MP made this clear speaking at the CBI Corporate Manslaughter Conference in October.

Employers are required to manage risks under section 2(1) of the Health and Safety at Work Act 1974. This requires employers ‘to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees’. Regulation 3 of the Management of Health and Safety at Work Regulations 1999 requires employers to make ’suitable and sufficient assessment’ of risks. While these are not new requirements, the new Act is an opportunity to take a fresh look at how risk is being managed in the organisation.

Safety Media Products for Corporate Manslaughter Compliance

Organisations which ignore the new offense of corporate manslaughter will have to face the music for sure - the powers it affords the courts are monumental. It definitely is a great way of attracting the attention of senior management by flagging the detail of the offence. Safety managers should use the change in law as an opportunity to review the way they manage health and safety within their organisations. For details see Safety Media’s corporate manslaughter act training products to do a complete Audit find FREE corporate manslaughter act audit here you can also request a comprehensive corporate manslaughter act information pack delivered to you.