Safe Workplace and Safety News

The United Kingdom's Corporate Manslaughter and Corporate Homicide Act 2007 takes effect next month on April 6th. This new law states:

"An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised causes a person’s death, and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased."

In other words, under this law if there is a fatal accident there will be a police investigation and a corporation can be prosecuted for homicide. The U.K. Ministry of Justice puts it this way:

"The Corporate Manslaughter and Corporate Homicide Act introduces a new offence, across the UK, for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health and safety with fatal consequences."

The U.K. Health and Safety Commission (HSC) states:

"Prosecutions will be of the corporate body and not individuals, but the liability of directors, board members or other individuals under health and safety law or general criminal law, will be unaffected. And the corporate body itself and individuals can still be prosecuted for separate health and safety offences."

"The Act also largely removes the Crown immunity that applies to the existing common law corporate manslaughter offence. This is welcome, and consistent with Government and HSC policy to secure the eventual removal of Crown immunity for health and safety offences. The Act provides a number of specific exemptions that cover public policy decisions and the exercise of core public functions."

Safety and Health Practitioner magazine had an article covering this new law in last week's edition. You can read about the background and this new law at: http://www.shponline.co.uk/article.asp?pagename=features&article_id=7232

The conclusion of this article is that "the new Corporate Manslaughter and Corporate Homicide Act 2007 is a long-awaited piece of legislation. It takes its context from well established legal principles, and targets corporate failure at senior level within an organisation, which led to the death of persons where there was an established duty of care."

"In order to deliver the duty of care, and thereby prevent a charge of corporate manslaughter, organisations should ensure the effectiveness of the own health and safety management system, proactively identify and rectify shortcomings, remain up to date with developments in health and safety legislation, good practice and guidance, and seek competent specialist advice where necessary."

What do you think? Do you think similar legislation will be enacted in the U.S.?

Labels: Industrial Health, Industrial Safety

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