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UK Corporate Manslaughter

7 Comments 14 April 2010

UK Corporate Manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007 was put into law in the UK and does resemble in some ways H.R. 2067: Protecting America’s Workers Act.  Here are some details from the leaflet titled Understanding the Corporate Manslaughter and Corporate Homicide Act 2007.

Understanding the offence

An organisation will be guilty of the new offence if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the deceased.

Penalties

An organisation guilty of the offence will be liable to an unlimited fine. The Act also provides for courts to impose a publicity order, requiring the organisation to publicise details of its conviction and fine. This will be commenced at a later date when sentencing guidelines are available (expected in autumn 2008). Courts may also require an organisation to take steps to address the failures behind the death (a remedial order).

Who is covered by the new offence?

The offence applies to all companies and other corporate bodies, operating in the UK, in the private, public and third sectors. It also applies to partnerships (and to trade unions and employers’ associations) if they are an employer, as well as to Government departments and police forces.

Can directors, senior managers or other individuals be prosecuted for the offence?

No. The offence is aimed at cases where management failures lie across an organisation and it is the organisation itself that will face prosecution.
However, individuals can already be prosecuted for gross negligence manslaughter/culpable homicide and for health and safety offences. The Act does not change this and prosecutions against individuals will continue to be taken where there is sufficient evidence and it is in the public interest to do so”

Frustration had mounted in the UK with the lack of prosecutions of company leaders relating to workplace fatalities.  This law tries to hold an organization, not just one person, accountable.  I think the penalties are what makes this law intriguing, especially the publicity order.  A court can order a company to publicize their prosecution in a manor determined by the court.  Would you choose to still buy a product from a company who is publicizing they killed someone in their workplace due to their gross breach of a duty of care?  I know I would be looking at a competitor who provides a safe and healthful workplace.

More Information if you are interested.

Hope you enjoyed this 3 Part Series discussing OSHA and legislation.

Let me reiterate my belief – In my opinion and through my experience companies with safety as a value do not have a problem with a strong OSHA.  In fact companies with safety as a value partner with OSHA, share best practices, mentor other facilities, and join OSHA in the mission to assure safe and healthful working conditions for working men and women.

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7 Comments so far

  1. Ben Ford says:

    Nice article and useful video link – thanks!


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