On 6 April 2008, the Corporate Manslaughter and Corporate Homicide Act 2007 came into force across the UK

The Act sets out a new offence for convicting an organisation where a gross failure in the management or organisation of activities results in a person’s death. An organisation will be 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 duty of care to the deceased.

In England and Wales and Northern Ireland, the new offence is called corporate manslaughter – in Scotland, corporate homicide. The offence applies to all companies and other corporate bodies, operating in the UK, in the private, public and third sectors. It also applies, if they are employers, to partnerships, trade unions and employers’ associations – and to Government departments and police forces. It does not, however, apply to certain public and government functions whose management involves wider issues of public policy and are already subject to other forms of accountability.

Following an alleged offence under the Act, juries will consider how a fatal activity was managed or organised throughout the organisation – including the operation of any systems and processes for managing safety. The organisation’s conduct must have fallen far below what could have been reasonably expected – and a substantial part of the failure must have occurred at the level of senior management. Senior managers and other individuals cannot be prosecuted under the Act – the offence is aimed at those cases where management failures lie across an organisation. It is therefore the organisation, rather than individuals within it, that will face prosecution. However, individuals can already be prosecuted for gross negligence manslaughter/culpable homicide and for health & safety offences – and the Act does not change this.

The Health & Safety Commission is urging companies and organisations to keep their H&S management systems under review – particularly any activities which are organised and managed by senior managers or directors. BHI ®, an interactive risk management software tool developed and owned by RPS, will help managers and directors control areas of potential risk exposure and track compliance and remedial actions.

The Act presents an opportunity for employers to re-examine how risks in their organisations are managed – and to satisfy themselves that systems and processes for managing health & safety are adequate.

To assist employers in this task, RPS will be chairing two lunchtime seminars in its London Park Street Office on the 10th and 17th of June. Both seminars will be free of charge.

Health,Safety & Environment Website

For more information please contact:
RPS Health Safety and Environment
185 Park Street London, SE1 9DY
T: 08000 85 83 84
E: rpslo@rpsgroup.com