The Proposed New Test

An organisation will be guilty of corporate manslaughter if a gross management or organisational failing causes a person's death. The new offence will apply to management failings by an organisation's senior managers - either individually or collectively. The focus has therefore moved from the culpable individual to the aggregation of senior managerial responsibility.

Going Forward

The Bill will inevitably lead to greater consideration of corporate manslaughter charges following work related deaths. Certainly, most work related deaths will be investigated as corporate manslaughter cases. Prosecutors will be eager to establish the parameters of the new offence. As such, care will need to be exercised and it is more than ever important to get legal advice from the outset when dealing with the authorities following a work related fatality.

In light of the significance of this legislation it would be sensible for organisations to review their health and safety policies, arrangements and systems in advance of the Bill becoming law.

Recommended Steps

• Determine who could be considered are "Senior Manager" and assess their competency
• Review health and safety policies to ensure the standards set are achievable
• Review job titles to ensure they accurately reflect the seniority of the role
• Increase health and safety training for senior management
• Increase board scrutiny of health and safety compliance and consider health and safety being on the agenda of every board meeting
• Review procedures to ensure compliance with existing health and safety laws, the CDM Regulations, and consider steps to promote a health and safety culture
• Put in place an accident management protocol for dealing with the authorities
• Check your insurance cover

Ensure individuals receive the right advice before any police or HSE interviews. Take specialist legal advice from the outset in the event of a serious incident, so that legal privilege can apply to your incident investigation. I will be happy to help.