The impact of the Corporate Manslaughter and Corporate Homicide Act 
(12/12/2007)
The introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 represents a substantial change in the management of health and safety. Coming into force on 6 April 2008, the new legislation will make it possible for companies and government bodies to face prosecution should gross management failure result in the death of a person – be they an employee, a member of the public or any other individual.
Under existing legislation, a company’s guilt is associated with the gross negligence of an individual considered to be the embodiment of the company. While this is straightforward with regards to small companies, it has posed a problem in prosecutions against larger employers. The new Act will effectively remedy the current situation by making it possible for an organisation’s senior management team to be held accountable.
The penalties are potentially steep – organisations found guilty can face unlimited fines, remedial and publicity orders. Not only does this pose financial repercussions, but companies also run the risk of damage to their corporate reputation. As a result, the Act is vitally important and must be factored into all aspects of health and safety management – including that of your lone workers.
Lone worker safety is already subject to stringent health and safety legislation, calling for thorough risk assessments, robust lone worker policies and effective safety systems. Corporate Manslaughter adds a further incentive to put these pieces in place – if a company can demonstrate efficient health and safety management, this can stand as a solid defence should they face a Corporate Manslaughter prosecution. All organisations should evaluate their health and safety policies in light of the Corporate Manslaughter and Corporate Homicide Act.
With nearly 10 years’ experience in the field of lone worker safety and monitoring in excess of 17,000 lone workers, Argyll is a market leader in lone worker safety monitoring.
Related topics: Health & Safety legislation Lone worker protection
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