The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
The Act, which came into force on 6 April 2008, clarifies the criminal liabilities of companies, including large organisations, where serious failures in the management of health and safety result in a fatality.
Major companies with an annual turnover of more than £50m face higher fines.
Frequently asked questions
What is the Corporate Manslaughter Act?
The Act sets out an offence for which an organisation may be prosecuted where a gross failure in the way activities were managed or organised results in a person’s death. This will apply to a wide range of organisations across the public and private sectors. In England, Wales and Northern Ireland, the offence is called corporate manslaughter. It is called corporate homicide in Scotland.
The Corporate Manslaughter Act is a stand alone piece of criminal legislation and is not part of health and safety law. However, although the new Act does not contain provision for personal prosecution this already exists under current legislation, (section 36 and 37 of the Health and safety at Work Act 1974).
Where gross negligence is suspected by the police under the Act, files may be passed onto the Health and Safety Executive for prosecution under section 36 and 37 of the Health and safety at Work Act etc. 1974.
The Act will apply where there have been serious failures in the management of health and safety which results in a fatality. There could be an increased likelihood of personal prosecutions of directors and senior managers where it can be proven that health and safety procedures were grossly inadequate.
What counts as manslaughter under the Act?
The organisation will be guilty of an offence if the way in which its activities are managed or organised:
- cause a person’s death
- amount to a gross breach of a relevant duty of care owed by the organisation to the deceased
How does it affect me? (as both an employer and an employee)
Responsibility under the Act for correct administration of health and safety procedure lies with directors and senior managers. They represent the guiding will and mind of an organisation and play a significant role in how the whole, or a significant part, of their organisation's activities are managed or organised.
Companies and organisations should keep their health and safety management systems under review, in particular, the way in which their activities are managed and organised by senior management. The Institute of Directors and HSE have published guidance for directors on their responsibilities for health and safety: ‘Leading health and safety at work: leadership actions for directors and board members’.
Have a lot of people been fined or sent to jail because of this?
A number of companies have been issued with substantial fines under the Corporate Manslaughter Act. Details are available from the Crown Prosecution Service.
The threshold for activation of the new Act is high because the prosecution has to prove “gross negligence”.
The Magistrates’ guide states; “In order to convict a company of manslaughter it must be seen that a causal link existed between a grossly negligent act, or omission by a person who is the “controlling mind” of the company, and the immediate cause of death”.
How does the act affect the provision of first aid?
The provision of first aid is one of the many elements you need to have in place. Health and safety in the workplace and first aid courses are two separate things and we recommend that the Fire marshal and First aider are separate people within your organisation. Having one person undertake both roles could lead to injuries being untreated during a fire or fire practice, for example.
You must regularly review all your health and safety procedures and assessments of risks and risk management in your organisation. If training is needed then St John Ambulance will be able to provide expert help in all aspects of health and safety and first aid training for employees and management.
Where can I go for more information?
- Ministry of Justice
- The Health and Safety Executive
Can charges be brought historically?
Offences under the act only become effective when the Act became law on April 6 2008.
Can I be held accountable for higher management decisions?
A person can only be culpable for a failing within their sphere of responsibility. Failings of higher management are the responsibility of higher managers. However, it’s a good idea to make sure you have an audit trail of your own activities as a safeguard should a prosecution ever be made against you or your company.
What is St John Ambulance doing to help?
We have a range of health and safety courses which are approved by recognised industry bodies including:
- IOSH (Institution of Occupational Safety and Health)
- British Safety Council
- Institution of Fire Engineers
Attendance on these courses is supporting evidence that your organisation takes the health and safety of its employees and customers very seriously.
Ensure your business is compliant, browse our health and safety courses today.
