Businesses advised to prepare for Corporate Manslaughter Act

Businesses are being urged to review their health and safety policies ahead of changes to the law on corporate manslaughter.

On 6 April the Corporate Manslaughter and Homicide Act will come into force, placing greater responsibility on UK firms to ensure they have sufficient health and safety practices in place.

Under the Act senior officials can be held responsible for fatal accidents that occur as a result of defective management practices.

To secure a conviction the prosecution must prove that the management failure amounted to a ‘gross breach’ of the duty of care owed to the deceased. The jury will also need to ascertain whether ‘reasonable steps’ were taken to protect the health and safety of those at risk.

Those firms deemed liable may incur an unlimited fine, along with a possible publicity order which permits the exposure of the offence details to the wider public. A court may also instruct an organisation to make changes to remedy the failures behind the death.

‘This new legislation means that failure to manage and monitor their procedures could lead to a heavy fine and public humiliation,’ said Phil Orford, Chief Executive of the Forum of Private Business.

‘It is vital that smaller firms undertake a full review of their systems and processes to create and enforce strict health and safety procedures.’