Corporate Manslaughter and Corporate Homicide Act

More people killed at work than die in wars each year

In the UK about 400 people (employees, self-employed people, and members of the public) are killed in incidents through the operation of commerce each year. From 6 April 2008, companies and organisations can be prosecuted for gross failings in relation to the management of health and safety, where such failings have resulted in fatalities. The Corporate Manslaughter and Corporate Homicide Act which is due to come into effect in one month, introduces this new offence UK-wide, and is the result of a realisation that the common law principles of manslaughter (which deal with individuals) do not cover the prosecution of companies.

previous train accidents have not been prosecutable due to lack of legislationPrevious instance of transport or construction companies being implicated in fatalities include:

  • The 1997 Southall rail crash: a high-speed train passed a red signal and collided with a freight train, killing seven and injuring 151 people. The train had a faulty automatic warning system and was being operated with it switched off. In addition, the automatic train protection system was inoperative, and there was no second driver in the cab.
  • The capsizing of a P&O Ferry in 1990, resulting in the deaths of 192 people.
  • The Paddington crash of 1999, when a train went through a red light and hit another train in west London, killing 31 people. Over 400 people were injured.

All of these instances were the result of failure in Health & Safety management within each company, and could not be attributed to be the fault of any one individual. Now, with the introduction of the new Act, companies can be held accountable. This includes the UK’s 2.3 million companies, partnerships, trade unions, and some non-commercial organisations. In the wake of parliamentary debate, the new law will also apply to deaths in custody, resulting from gross negligence in the prison service or from those controlling police cells.

Cause for concern?

Companies with secure and efficient Health & Safety Policies should not be overly anxious, however. The new Act will serve only to prosecute those companies that have been shown beyond any reasonable doubt to have recklessly risked the lives of others.  

The new offence is called “corporate manslaughter” in England and Wales and Northern Ireland and “corporate homicide” in Scotland. If found guilty under this act, companies could face unlimited fines, remedial orders and publicity orders.

If you would like more information on how your company can remain compliant with existing legislation, please contact your Ceridian Consultant.

For more information on any of our services, contact us online.

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