Last year we wrote a piece on the new Corporate Manslaughter Act and its implication for businesses. As the issue is still regularly in the press, we thought we’d provide you with an excerpt –
It is systematic of a change in attitude in favour of investigating organisations for manslaughter following work-related deaths, and companies will be held responsible when gross failures by senior management result in death at work. Under the Act, convictions for such corporate negligence will bring about unlimited fines and remedial and publicity orders. As one of the most significant legislative changes to corporate responsibilities in British legal history, the new Act has far-reaching implications for a wide range of organisations and increases the pressure on all to meet their ‘duty of care’ obligations and make health and safety a high priority.
This new legislation simply makes it easier to convict culpable organisations and criminalises those companies, partnerships and associations whose gross negligence results in death. Companies that have robust health and safety policies have nothing to fear from the Act. However, red24 advises all companies to familiarise themselves with the Act and to thoroughly understand its implications for their businesses.
Moreover, red24 advises companies to review their existing health and safety procedures. They should also, if they have not already done so, appoint someone at senior level to be responsible for corporate health and safety. These individuals need to be competent and have the authority to ensure that health and safety risks are managed. They should drive awareness of both the new Corporate Manslaughter and Corporate Homicide Act and of existing health and safety legislation, throughout all levels of the company. They should ensure that the company has robust health and safety procedures and policies and they should also respond to any questions staff may have and arrange that relevant information is passed on and that a health and safety culture is promoted effectively.
Furthermore, red24 encourages companies to take this opportunity to review their employee travel policies. Although the Act’s jurisdiction only extends to the UK, companies should be aware of their legal liability under existing criminal, civil and employment law, as well as foreign law in the case of employees travelling internationally. As a consequence, companies need to implement risk assessment procedures when deploying employees overseas, carefully evaluating the safety of the destinations in question, as well as the hotels and airlines used. This information, and accompanying advice, needs to be sourced from qualified personnel or appropriate risk management companies.
If you would like information on how red24 can help you provide a duty of care to employees travelling on business, don’t hesitate to contact us on enquiries@red24.com.