| Are you ready for 'Corporate Manslaughter'? |

The Corporate Manslaughter and Corporate Homicide Act 2007 will come into force on 6 April 2008, across the UK.

It sets out a new criminal offence for convicting an organisation (like yours) where a gross failure in the way activities were managed or organised results in a person’s death.

In England and Wales and Northern Ireland, the new offence will be called corporate manslaughter.  It will be called corporate homicide in Scotland.

| So how will it effect my business? |

Your business would 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.  So, the stakes for failing to comply with existing health & safety law are raised!

The courts will consider how the fatal activity was managed or organised throughout the organisation, including any systems and processes for managing safety and how these were operated in practice.

You need to act now!  You should review the systems and processes you have in place for managing safety in your workplace.  If in doubt and/or if you need advice and assistance we would be more than happy to help.

| So who is responsible within my business? |

A substantial part of the failure within the organisation must have been at a senior level.  Senior level means the people (like you?) who make significant decisions about the organisation or substantial parts of it.  This includes both centralised head office functions as well as those in operational management roles.

A gross breach will be when the organisation’s conduct must have fallen far below what could have been reasonably expected. Juries will have to take into account any health and safety breaches by the organisation – and how serious and dangerous those failures were.

| Duty of Care |

A duty of care exists for example in respect of the systems of work and equipment used by employees, the condition of worksites and other premises occupied by an organisation and in relation to products or services supplied to customers.

The Act does not create new duties – they are already owed in the civil law of negligence and the new offence is based on these.

An organisation guilty of the offence will be liable to an unlimited fine.  The Act also provides for courts to impose a publicity order, requiring the organisation to publicise details of its conviction and fine.