6th April 2008 - The Corporate Manslaughter and Corporate Homicide Act.
Globally, more people are killed each year at work than are killed in wars (www.business.timesonline.co.uk).
The corporate manslaughter and corporate homicide act sets out a new statutory offence in England, Wales and Northern Ireland. This will be known as corporate manslaughter and in Scotland corporate homicide.
The act builds on existing duties of care rather than imposing new obligations, where individuals can be prosecuted for gross negligence, manslaughter and health and safety offences.
The new legislation means that individuals cannot be prosecuted for the offence of corporate manslaughter/homicide. However, as the offence is aimed at cases where management failures lie across an organisation, it is the organisation that faces prosecution.
If an organisation is found guilty of corporate manslaughter they can face a fine, which can be up to 10% of their annual turnover, a remedial order to address failures, and to publicise details of the offence.
It is advisable to ensure that you have regular reviews in place, which examine the organisations strategic approach, responsibilities, reporting structures and policies in relation to health and safety requirements.
Advice on legal compliance can obtained through a fleet management solution from Northgate.
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