Corporate Manslaughter and Corporate Homicide Act 2007

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Corporate Manslaughter and
Corporate Homicide Act 2007

This act will concentrate the mind on assessing the risk and taking appropriate action. Our notes and information will help the Responsible Person in your organisation.

The Health and Safety laws have for many years been driving the safety culture towards assessing the risk, determining a method to address the risk and legislating in areas of high risk.

In order to identify a person to carry out these tasks the law created the position of a Responsible Person (usually the person who owns or controls the business or premises and where two or more persons share that control i.e landlord/tenant, they share the responsibility).

Effective from the 6th April 2008, how will the Corporate Manslaughter and Corporate Homicide
Act 2007 affect you? If you are ...

	A UK incorporated company or limited liability partnership;
	A public sector organisation; or
	A government department; and you
	Do not have a good strategic approach to health and safety; and
	Have never done a risk assessment as required by current safety legislation; and whilst working
	A person to whom you owe a “relevant duty of care” dies.

Your organisation could be convicted of Corporate Manslaughter
(Corporate Homicide in Scotland)
And face ...

	An unlimited fine
	A Publicity Order – where the organisation is made to publicise certain details of the offence or be subject to further fines
	A Remedial Order – where the organisation is required to address the cause of the fatality and take appropriate action to prevent it happening again or face further fines.

You, personally, could be prosecuted under current health and safety legislation
And face ...

	An unlimited fine
	Prohibition Orders or loss of Directorship
	A term of imprisonment in severe cases

YOU DON’T WANT TO BE THERE – SO!
To make sure you comply you need to

	Ensure that you carry out risk assessments on a regular basis;
	Put up a safety sign wherever there is a risk that cannot be eliminated
	Train your staff on the risks and make sure they know what to do in the event of an emergency

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