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Date: 20th May 2010
Under the Corporate Manslaughter law, that came into effect in April 2008, an organisation can be prosecuted for a fatal accident if the way its work is managed or organised by its senior management, causes a death and is in gross breach of its duties towards an employee or third party. In the past, unless a fatality was so serious that an individual who was a “controlling mind” of the company (usually a director) could be charged with criminal manslaughter, the company could not be pursued successfully for manslaughter and would be prosecuted for health & safety offences.
“Senior management” has a wider definition than most businesses would recognise. It involves those who make decisions about the organisation or substantial parts of it, but Ministry of Justice guidance states that it will include those carrying out headquarters functions, such as financial and strategic roles or those with central responsibility for health and safety.
Lynn Bleakley, business defence and regulatory specialist at Cartwright King Solicitors said “Companies and their directors need to take this very seriously. The risks of failing to comply with health & safety regulation are significant and it is clear there will be more prosecutions for manslaughter.”
She also added: “In the current economic climate, companies, quite understandably, are looking at ways of keeping overheads down. If, however, they are involved in any serious accident that could result in an investigation or prosecution, it is essential that expert legal advice is sought at the earliest stage to provide the guidance needed.”
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