news

January 25, 2008

THE CORPORATE MANSLAUGHTER BILL

The Corporate Manslaughter Bill (Corporate Homicide in Scotland) received Royal Assent on the 27th July 2007, and will come into force on the 6^th April 2008.

"Corporate Manslaughter" is a topical issue with which directors and senior managers must be fully conversant. The emergence of new corporate manslaughter legislation emphasises the Governments determination to reduce the hundreds of unnecessary deaths that occur each year as a result of commercial activity.

It is essential that senior managers prepare now, by reviewing current health and safety management systems, by devising and instituting adequate and effective policies into overall corporate strategy, with particular emphasis on how senior management manage or organise their activities. Employers should now be ensuring that risk assessments and health and safety procedures are not only up to date and in place throughout the work place, but that employees are aware of and fully understand Company requirements and policy.

Companies and Organisations must do all that is reasonably practicable to protect people from risks that may cause injury or death as a result of their operation. As an employer you not only have to make your workplace and activities safe, but you must also ensure that the safe working practices are met and adhered too at all times. It is your responsibility to enforce your company policy. We constantly remind our members of the 'If it's not written down, its not been said' rule. This is where company policy documents and risk assessments must be clear, concise and circulated; the important information should be recorded as read and understood by employees. Much of this information can be passed on in an 'Induction Session' or by starting this year circulating your Company Health and Safety Policy and findings of any Risk Assessments you may have made.

It is inevitable that reckless disregard of the new legislation will not be treated lightly and the result for the individual, whose negligence can be linked to the death, is prosecution for manslaughter and on conviction the likelihood of imprisonment. In the event that individual liability can not be proved, it is agreed that justice requires that corporations be punished where death or serious injury results, where the conduct of a corporation has been seriously blameworthy in the circumstances. This is the notion of retribution - the vindication of the victim in recognition of the violation of their rights.

Whilst we accept that corporations do not intend to cause death, their intentional acts, such as failing to put into place a system to ensure the safety of people in their care, may lead to death. A conviction and severe fine might have such severe consequences from which there may be no recovery.

MANSLAUGHTER LEGISLATION AND DRIVING AT WORK

Driving at Work is an area that needs particular attention with regards to the implementation in April 2008 of the 'The Corporate Manslaughter Bill' (Corporate Homicide in Scotland), due to the amount of accidents and resulting prosecutions that occur.

Most companies now have employees who drive as part of their job. Many companies have opted out of the company car scheme, and allow employees to use their personal vehicles for business, or on occasions staff may be required to run short trips or travel to meetings on behalf of the company, although driving for work is not a regular and daily part of their duties. Risk management will still apply in this case and you should therefore take all your employees into consideration in your risk management for driving at work.
You will need to check employees' licenses', insurance cover and the condition and safety of the vehicle as you would a company provided car.

Should a fatal road accident occur, and when the Police check mobile phone records, if they show that the employee was on the phone at the time of the accident, whether hand-held or even hands-free, not only can the employee be prosecuted with criminal Manslaughter charges, but, the company too. Should investigation prove reckless disregard of the new legislation, companies will not be treated lightly and the result for the individual whose negligence can be linked to the death, is prosecution for manslaughter and on conviction the likelihood of imprisonment.

The Company can also be prosecuted for Corporate Manslaughter due to lack of proper management procedures. A civil case would inevitably follow a successful criminal prosecution; the largest successful civil claim to date against an organisation for this offence is £9.25M (as the hands-free kit was provided by the employer).