Act now to avoid the threat of Corporate Manslaughter legislation
April 2009 saw the UK's first prosecution to be brought under the Corporate Manslaughter and Corporate Homicide Act 2007. A Gloucester-based company is accused of gross negligence after their junior geologist employee, Alexander Wright, died on 5 September 2008 after a pit collapsed whilst he was taking soil samples.
The new law, which came into force in April 2008, could result in many more prosecutions of businesses suspected of serious managerial failings that lead to the death of an employee.
"This legislation has been in force for just over a year," says Tony Forster of Metcalfes in Bristol. "It was brought in to improve health and safety standards by introducing tougher penalties, particularly focusing on medium-sized and large companies. But the fact that the first prosecution has been brought against a small business with a 2008 turnover of just £333,000 shows that every business is at risk."
The big difference between the new legislation and its predecessor, which was widely regarded as "ineffective", is that a company can now be found liable if it fails to take reasonable care for an employee's safety. "In the past, the prosecution needed to pin the blame on one director to get a conviction," says Tony Forster. "Now it needs to show that the failure was mostly the fault of senior management, which is much easier to demonstrate.
"The penalties are stringent. Fines for those found guilty of Corporate Manslaughter are unlimited, and under a judicial publicity order such companies are also required to publish a statement that draws attention to their offence. In addition, individuals found to be responsible for a death can face a heavy prison sentence."
Any business that is unsure about the quality and completeness of its health and safety policies and practices is well advised to take professional legal advice.
"This may be the first prosecution, but it certainly won't be the last. Our health and safety specialists would be very happy to advise any business on their current standards and the actions necessary to bring them fully in line with legislative requirements," Tony Forster continues.
"Call us on 0117 9290451 or email tforster@metcalfes.co.uk to arrange a meeting - most important of all, it may prove to be a vital step in ensuring the safety of all your employees."
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published