The Corporate Manslaughter and Corporate Homicide Act 2007 is the landmark law. For the first time, businesses and organizations can guilty of corporate manslaughter because of serious management failures resulting in a gross violation of the duty of care.
Act, into force on 6 April 2008 clarifies the criminal liabilities of companies including large organizations where serious failures in the management of health and safety result in a fatality.
- new ACT links to current health and safety requirements regarding workplace safety.
- Now all work-related deaths are dealt with by the relevant authorities like the police, “Health and Safety Executive” and municipalities will remain unchanged under the new law.
- The new law does not place responsibility on, managers, directors or senior managers than it is to put the debt on the company. However, if gross negligence is the case of work-related murder is proven individuals can still face legal action.
- Penalties may include fines, remedial orders and publicity orders. Should improvements to make the necessary organization to take measures to remedy the failure of management that have led to death.
- This new law is not part of health and safety law. breaches of health and safety legislation will be considered by juries in cases of corporate manslaughter when the responsibility of the companies.
- Juries may need to consider whether the relevant health and safety guidelines have been taken into account and if there is evidence to show that it has been approved or tolerance for practices that have led to serious failures in the management of health and safety at work
Take the example where instead of at work is bound hard hat area, but it has not been enforced. Should the employee be killed due to receive a blow to the head from a falling object and it could have been prevented by wearing a hard hat, it would show mistakes in the management of health and safety in the workplace.