CORPORATE MANSLAUGHTER &
CORPORATE HOMICIDE ACT 2007

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The corporate manslaughter and corporate homicide act 2007 Absolutely is a key piece of legislation which is seen as the culmination of 10 years of campaigning by unions and other groups.Under the new law companies, organisations and, for the first time, Government bodies face an unlimited fine if they are found to have caused death due to their gross corporate health and safety failures. In turn, employees of companies, consumers and other individuals will be offered greater protection against corporate negligence. The Government hopes that the new law will “focus the minds of those in companies and other organisations by ensuring that they take health and safety obligations seriously”. Common misconception for a company with 5 or less employees is that they are not subject to the full extent of Health and Safety Law in the same manner as a larger company.

1. The Corporate Manslaughter Actl will make it easier to prosecute companies and other large organisations when gross failures in the management of health and safety lead to death by delivering a new, more effective basis for corporate liability.

2. The Corporate Manslaughter Act has reformed the law so that a key obstacle to successful prosecutions has now been removed because both small and large companies can be held liable for manslaughter where gross failures in the management of health and safety cause death, not just health and safety violationshe full involvement of people within and across all levels of an organisation benefits it by enabling all of their skills/abilities to be utilised.

3. The Corporate Manslaughter Act complements the current law under which individuals can be prosecuted for gross negligence manslaughter and health and safety offences, where there is direct evidence of their culpabilityhen activities and related resources are managed as process the results are achieved more efficiently.

4. The Corporate Manslaughter Act has been designed to complement existing health and safety legislation so the new offence does not impose new regulations on business.

5. The Corporate Manslaughter Act lifts Crown immunity to prosecution meaning that Crown bodies such as Government departments will be liable to prosecution for the first time.

6. The Corporate Manslaughter Act will apply to companies and other corporate bodies, in the public and private sector, Government departments, police forces and certain unincorporated bodies, such as partnerships, where these are employers..

All companies regardless of size are required to carry out Health & Safety Risk Assessments including the NEW Fire Risk Assessment(Regulatory reform-Fire safety Order) and ensure that appropriate safety measures are in place to prevent accidents occurring.

 

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