What is the impact of this new legislation?
The change will address problems with the current legislation which requires identification of ‘a single controlling mind’ within an organisation before a prosecution for corporate manslaughter can be brought.
This is known as the ‘identification doctrine’ and has limited successful prosecutions for corporate manslaughter to just a few cases involving small companies. The new legislation will introduce different legal definitions and tests, which it is hoped, will make it easier to hold to account those truly culpable in the case of workplace fatalities.
Why is this happening now?
The majority of the Bill was accepted early in the Parliamentary process. However, for several months the House of Commons and the House of Lords have been unable to reach agreement over whether the legislation should apply to deaths in custody. Agreement has now finally been reached and the Legislation can move forward.
Will it apply to my business?
The new Corporate Manslaughter and Corporate Homicide Bill should pose no significant threat to businesses which already take a responsible and proactive approach to managing health and safety in the workplace. The aim is to facilitate prosecution of those which show a truly negligent attitude to health and safety, leading to a fatality.
The new offence will apply only to corporations, or organisations incorporated by charter etc. There is no provision for individual liability. This means that no individual can be prosecuted for this offence, although the existing offence of Gross Negligence Manslaughter still exists and may be used where it is clear that the actions or inactions of a particular individual have directly lead to a fatality. The sanction on conviction of Corporate Manslaughter under the new legislation will be by way of an unlimited fine.
What assistance can EEF offer?
EEF will be arranging for briefing sessions on the new legislation across the country in the coming months. More details will be posted here once they are available. To register your interest please contact Louise Ward.