Understanding the Corporate Manslaughter and Corporate Homicide Act 2007
What the government says:
…companies have a legal duty to look after the health, safety and welfare of their workers and the driving element of the job is no exception in this respect.
I can assure you that cutting the number of deaths and injuries on our roads is right at the top of our agenda. Wherever possible, my colleagues and I will be doing whatever we can to provide the leadership, encouragement and - where necessary - the powers of enforcement to tackle this issue.
Jim Fitzpatrick, Parliamentary Under Secretary, Department for Transport, 2007
As a result of the new law, all companies, organisations and Government bodies will be affected. All will face unlimited fines if they are found to have caused death due to their gross corporate health and safety failures.
An individual cannot be prosecuted under the Act and no one can be imprisoned – it should however be noted individuals still fall under the Gross Negligence Manslaughter Act. The Government predict the Act will make it easier to prosecute large companies whose failures in management of Health and Safety lead to deaths. For legal reasons the law will be known as Corporate Homicide in Scotland, the principles remain the same.
What do organisations need to do to comply with the law?
All employers must already comply with health and safety legislation and the Act does not affect those requirements. However, the introduction of the new offence is an opportunity for employers to satisfy themselves that systems and processes for managing health and safety are adequate.
The new law will focus the attention of companies and organisations by ensuring that they take their health and safety obligations seriously
For guidance on health and safety duties and how to meet them, employers should contact the relevant regulatory authority or US…….?
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