Where there has been a health and safety related incident, a criminal investigation could begin in a number of ways.
In the circumstances of a major incident the police are usually called to the scene immediately. This will be inevitable where a death has occurred, and investigations may begin under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH Act) which came into effect on 6 April 2008.
Most health and safety investigations begin following a report by an employer within the RIDDOR reporting scheme (see accidents). Alternatively, an enforcing authority may become involved following the receipt of a complaint, or through some initiative or drive by the HSE or local authority.
An accident involving serious injury or death must be reported to the HSE via the RIDDOR scheme and may result in an investigation by the HSE and/or the police.
Corporate Manslaughter and Corporate Homicide Act 2007
The Act covers situations in which a duty of care is owed by an organisation to others e.g.
- health and safety
- food safety
- product safety etc.
An ‘organisation’ ‘is guilty of corporate manslaughter if the way in which its activities are managed or organised,
a) causes a person’s death, and
b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.’
‘An organisation is guilty of an offence under this section only if the way in which it’s activities are managed or organised by its senior management is a substantial element in the breach referred to.’
NB. This is a corporate offence. There is no individual or secondary liability. (However, individuals can still be prosecuted for gross negligence manslaughter. The Ministry of Justice have said that prosecutions against individuals will continue to be taken where there is sufficient evidence to do so.)
Senior management are defined as:
‘persons who play significant roles in,
– the making of decisions about how the whole or a substantial part of [the organisation’s] activities are to be managed or organised, or
– the actual managing or organising of the whole or a substantial part of those activities’.
Offences can still be prosecuted under section 37 of the Health and Safety at Work Act 1974 (HSWA) against individuals and investigations under the HSW Act are likely to be carried on in parallel with those under the CMCH Act.
The Corporate Manslaughter and Corporate Homicide Act 2007 should present no significant concern to responsible organisations that demonstrate strong high level leadership for health and safety, and have an effective Health and safety management system.
For advice on leadership see ‘Leading Health and Safety at Work.’
For further advice on the Corporate Manslaughter and Corporate Homicide Act 2007 visit the Ministry of Justice website.