The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on April 6 and applies to all companies in the private, public and third sectors. A company is guilty of the new offence if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care. Courts will look at management systems, working practices and procedures throughout the organisation to see if there was a corporate-management failure. Senior managers and directors who fail to take health and safety seriously could face criminal charges if there is a fatal accident. If found guilty, unlimited fines and remedial orders may result, possibly affecting the viability of an organisation. Companies should review all their health-and-safety procedures to ensure that they are complying with the latest laws and that individuals managing health and safety are properly trained. Risk assessments should be conducted to identify potential problems before accidents occur.
The Times