Corporate Manslaughter Bill Goes live!!!

The bill, first drafted in March 2005, came into effect on 6 April 2008, the start of the new financial year. It has been ping-ponging its way between the House of Commons and the House of Lords because the two couldn’t agree on if, and how, the police and prison service would be accommodated, but that reached a resolution earlier in the year with an amendment tabled by the Government.

Although the bill won’t pin the blame for accidents on individuals, unlimited fines can be levied on companies “if the way in which any of its activities are managed or organised by its senior managers causes a person’s death and amounts to a gross breach of relevant duty of care owed by the organisation to the deceased”.

Prosecutors will need to prove mismanagement by senior managers was to blame for a fatality.

The British Vehicle Renting and Leasing Association gave the development a warm response. “The final approval of this legislation is to be welcomed since it will clarify the legal responsibilities for companies, the great majority of whom are already successfully managing their responsibility in this area,” said director general John Lewis. “It will also reinforce the duty of care that fleet managers will have to exercise particularly in the case of private cars being used for business purposes.”

“Under the Heath & Safety at Work Act there was the opportunity to prosecute individuals, this broadens the responsibility to senior managers as a whole.”

Find more info on Coporate Manslaughter

What is coporate manslaughter?

Corporate manslaughter is a crime in several jurisdictions. It enables a corporation to be punished and censured for culpable conduct that leads to a person's death. This extends beyond any compensation that might be awarded in civil litigation or any criminal prosecution of an individual.

As mentioned above The Corporate Manslaughter Act will be implemented on April 6, 2008 and will affect all companies regardless of size.

The new law will mean that, organisations can be prosecuted where a safety failure is the cause of work-related deaths. (Under the new act it no longer needs to be the sole cause of death) Such cases will not be limited to fatal accidents in the workplace, but will include cases of death out on the road.

Driving for work, is the most dangerous work-related activity performed by  employees in the UK

Evidence shows that 95% of all road accidents are caused by human error and it is estimated that a third of accidents in the UK involve someone driving for work.

The Department for Transport states that there are more than 150 crashes every day involving vehicles on company business.

What is Coporate Manslaughter?

Quick Summary..

What is the act?

It allows an organisation to be found guilty of corporate manslaughter if a senior management failure causes a breach in duty of care. Anyone driving on company business should be protected by the company's duty of care.

What makes a company guilty?

Police investigating a work-related road death would consider three elements: the vehicle, the driver and the journey. If a car isn't roadworthy, a driver isn't fit to drive, or if he/she was asked to undertake too long a trip, then a company can be held liable.

What are the penalties if a company is found guilty?

A guilty company can expect to face large fines that the Sentencing Guidelines Council aims to base on turnover rather than profit. Senior officials can still be prosecuted under existing manslaughter laws and can receive custodial sentences of around two-three years.

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