Now it's the law
Let Safetyshop help you comply with the Corporate Manslaughter Act. The information below will assist you in complying with his new legislation.

Information
The long awaited Corporate Manslaughter Act is now in force. Companies or organisations whose gross negligence causes the death of an individual will face prosecution for manslaughter.

As a result of the new law, all companies, organisations and Government bodies will be affected. All will face unlimited fines if they are found to have caused death due to their gross corporate health and safety failures.

The long awaited Corporate Manslaughter Act is a landmark in law following more than 10 years of campaigning by unions and other groups. Employees of companies, consumers and other individuals will be offered greater protection against corporate negligence. The new law will focus the attention of companies and organisations by ensuring that they take their health and safety obligations seriously.

Articles
The Health and Safety Executive welcome the Corporate Manslaughter Act
http://www.hse.gov.uk

The Ministry of Justice offer guidance on the new law
http://www.justice.gov.uk

Firms to be liable for company car safety
http://www.telegraph.co.uk

Latest News
www.hse.gov.uk Click here for more information

FAQ
What difference is this going to make to me?
The Act removes the key obstacle to convicting large companies – the need to convict a directing mind. An organisation will be guilty of an offence in which its activities are managed or organised and; causes a persons death, and amounts to a gross breach of relevant duty of care.
The offence is directed at companies/organisations that are defined as being companies, partnerships, trade unions, employers’ associations, police forces and a number of government departments and public bodies.

How can companies/organisations be penalised?
The major penalty on conviction is an UNLIMITED FINE – although this is currently the case for other health and safety legislation, higher fines are anticipated. A recommendation of between 2.5-10% of a company’s annual turnover has been anticipated as the fine.
The current record of £15 million could well be substantially exceeded.
A convicted organisation can be required to adhere to specified steps in order to resolve the management failure. A court may also order the organisation to publicise its conviction, displaying the specified information of the case, the fine imposed and the terms stated.

Further useful information…
An individual cannot be prosecuted under the Act and no one can be imprisoned – it should however be noted individuals still fall under the Gross Negligence Manslaughter Act. The Government predict the Act will make it easier to prosecute large companies whose failures in management of Health and Safety lead to deaths. For legal reasons the law will be known as Corporate Homicide in Scotland, the principles remain the same.

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