| The Corporate Manslaughter and Corporate Homicide | | | | will require a company or organisation to take steps |
| Act 2007 is a landmark in law. For the first time, | | | | to remedy failures in management that have led to a |
| companies and organisations can be found guilty of | | | | death. |
| corporate manslaughter as a result of serious | | | | - This new law is not part of health and safety law. |
| management failures resulting in a gross breach of a | | | | breaches of health and safety legislation will have to |
| duty of care. | | | | be considered by juries in cases of corporate |
| The Act, which will come into force on 6 April 2008, | | | | manslaughter when determining the liability of |
| clarifies the criminal liabilities of companies including | | | | companies or organisations. |
| large organisations where serious failures in the | | | | - Juries may have to consider whether appropriate |
| management of health and safety result in a fatality. | | | | health and safety guidance has been taken into |
| - The new act links to existing health and safety | | | | account and if there is evidence that shows there |
| requirements regarding workplace safety. | | | | have been accepted or tolerances to practices that |
| - Currently all work-related deaths are dealt with by | | | | have led to serious failures in the management of |
| the relevant authorities such as the Police, the 'Health | | | | workplace health and safety. |
| and Safety Executive' and Local Authorities which will | | | | Example: |
| remain unchanged under the new act. | | | | Take an example where a place at work is a |
| - The new law does not place liability onto directors, | | | | mandatory hard hat area, but this has not been |
| board members or senior managers but it does place | | | | enforced. Should an employee be killed due to |
| the liability onto the corporation. However, if gross | | | | receiving a blow to the head from a falling object and |
| negligence in the case of work related manslaughter | | | | it could have been prevented by wearing a hard hat, |
| is proven individuals may still face prosecution. | | | | it would show failures in management of workplace |
| - Penalties may include fines, remedial orders and | | | | health and safety. |
| publicity orders. Should a remedial order be imposed it | | | | |