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New Corporate Manslaughter and Corporate Homicide Act 2007 received Royal Assent in July 2007 and will come into force this year on the 6 April.

As an organisation what will I need to do to ensure both the safety those who either work for me or could come into contact with my work activities are kept safe from death?
The act considers for an organisation to be guilty of an offence “ if the way in which activities are managed and organised:

causes a person’s death, and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.”

Individuals must also understand that the health and Safety Executive (HSE) will still have the option to prosecute Directors or Senior Managers where evidence of gross negligence is evident.

It is therefore of paramount importance that all organisations have legally compliant health and safety management systems in place, competent persons to run them and ensure such systems are regularly audited and documented.

How do we ensure our systems are legally compliant and suitable and sufficient?
Chartered Safety and Health Practitioners are subjected to a stringent Code of Conduct and are required by their chartered status to both deliver and maintain the highest up to date standards for their clients.

They will endeavour to:

Obtain and consider all relevant health and safety guidance applicable to your organisation;
Consider and advice on what industry standards apply to your significant risks;
Ensure all your risk assessments are up to date and reviewed;
Ensure you have in place a consistent and documented up to date management system for health and safety;
Advise on what element of the organisations budget should be spent on health and safety;
Consider the organisation’s structure and advise who would be considered “senior management” for the purposes of the Act;
Consider and advise on the state of the Organisation’s safety culture – irrespective of documents and arrangements’ in place;
Consider the adequacy and effectiveness of procedures in place for the reporting of near misses, incidents, accidents and failings by employees;
Advise on appropriate insurance cover for criminal costs in both Magistrates’ and Crown Courts for both the Organisation and Senior Managers of the Company.*

*Organisation cannot insure against criminal fines.
If you are concerned whether you have in place a health and management system that is both legally compliant and working as it should to adequately protect you against criminal action from an enforcing authority you should contact your local Chartered Practitioners now for advice.
Remember always ask for evidence of their Chartered Status and that it is current.

Other Resources on Corporate Manslaughter

10 conditions for a prosecution
CCA's assessment of the Act

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