7 in 10 Employers are unprepared for Corporate Manslaughter Bill

A recent survey by employment law firm, Peninsula, shows that 79% of bosses are unaware and unprepared for the Corporate Manslaughter and Corporate Homicide Act 2007. Whilst 82% of employers questioned admit to experiencing a workplace accident in the last 12 months.

Noel Pilling, Health and Safety Director for Peninsula said today, ìThe new act, which will come into force 6th April 2008, clarifies the criminal liabilities of companies, including large organisations, where serious failures in management of health and safety results in fatality. Businesses everywhere will need to ensure that health and safety procedures are up to date, reviewed on a regular basis and are strictly enforced.î

Noel Pilling continues, ìBusinesses need to ensure that they are prepared for all eventualities when it comes to employee health and safety. A lapse in company health and safety policies, leading to fatalities, could see businesses fined, and in serious cases members of senior management could face imprisonment. If a health and safety offence is committed with the consent, connivance or neglect of an individual in a senior management position then they can be prosecuted under the Health and Safety at Work etc Act 1974.î



ìThe health and safety of company employees is paramount and should be treated as a priority and for the majority of employers this is the case; however safety needs to be taken even more seriously now. Management need to make sure they set good examples to the rest of staff regarding this. Documents should be backed up, such as memos, organisation charts, faxes, and minutes of safety related meetings to provide proof that poor management standards did not cause a breach of the duty of care to staff should a person(s) be killed.î

Mr Pilling concludes, ìThe best advice we can offer company owners is to act responsibly and legally. Appoint someone at a senior level, who will act responsibly and reasonably for corporate health and safety then, should a disaster occur, neither they nor the company will be prosecutable for manslaughter. The Act makes it plain that there is no liability where the management of an activity includes reasonable safeguards but a death nonetheless occurs. This can add pressure to the individual of course, to be responsible for the safety of all staff, however at the end of the day, if procedures are correctly in place and carried out correctly the issue is less likely to arise.î