The Corporate Manslaughter and Corporate Homicide Act 2007 was made law on 26 July 2007.

The Act deals not only with private companies but also partnerships, trade unions, government bodies and other non-commercial organisations.

It deals with gross negligence by an organisation leading to a person's death. Organisations have a duty to take reasonable care for a person's safety.

In order to be found guilty methods in which activities are organised must constitute a gross breach of this duty and lead to a death. It must then be shown that the failure was substantially the fault of senior management.

The gross breach of duty would be a failure to comply with Health & Safety regulations and would also involve the severity of this failure and the likelihood of the risk of death from the failure.

The organisation could then be given an umlimited fine and specific tasks to remedy their faults.

it should be noted that there is no penalty specifically against directors or other individuals.

The law is aimed at those who ignore Health & Safety regulations and should not affect those who take reasonable care.

MCP is able to advise on Health & Safety regulations and make sure that you are not putting your employees, visitors or business at risk.

For more information please contact Richard Carlson.