Corporate Manslaughter and Corporate Homicide Act 2007 to be brought into force
The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No.1) Order 2008 has been made (14th February 2008) and brings into force from 6th April 2008 the Corporate Manslaughter and Corporate Homicide Act 2007 (with the exceptions of section 2(1) (d) (duty owed to a person in custody etc. to be a relevant duty of care) and section 10 (power to order conviction etc. to be publicised)).
Under The Act, companies and organisations can be found liable for a work-related death if actions at a senior level amount to gross breach of a duty of care to the deceased following a systemic failure to manage safety within the business. This new offence is to be known as corporate manslaughter in England and Wales and Northern Ireland, and corporate homicide in Scotland.
Courts will look at management systems and practices across the organisation in a new test to provide a more effective means for prosecuting the worst corporate failures in health and safety management.
The full text of the 2008 Order can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080401_en_1
The full text of the 2007 Act can be accessed from: http://www.opsi.gov.uk/acts/acts2007/ukpga_20070019_en_1
Source: www.opsi.gov.uk (accessed 03/03/08)
Relevant Training available:
http://www.jpd.co.uk/intouch/2008/05/14/new-course-corporate-manslaughter-the-new-act-and-the-practical-implications-for-strategic-safety-management/