CORPORATE MANSLAUGHTER CORPORATE SELF DEFENCE TRAINING

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Introduction to Corporate Manslaughter

The Corporate Manslaughter and Corporate Homicide Act, which came into effect in April 2008, brings new dimensions with regards to health and safety regulation in the workplace. The Act sets out a new offence for convicting an organization where a gross failure in the way activities are managed or organized results in a person's death. If the organization or company is found guilty, then they face considerable penalties and individuals within the organization may face potential imprisonment.

In the past, though it has been possible to prosecute an individual director for corporate manslaughter, criminal action against a corporate body has been almost impossible. The Corporate Manslaughter Act makes it easier to convict organizations whose senior managers are found to be in breach of their duty of care and thereby cause a death. The Act overcomes the barrier of having to identify the ‘controlling mind’ of an organization. So an organization can now be found guilty of corporate manslaughter if an organizational or gross management failing causes a fatality. This means that the actions of senior managers below director level could be deemed to be the actions of the organization.

Duty of Care

Employers already have a duty of care, of course, under the Health and Safety at Work Act 1974, to take reasonable steps to protect the health, safety and welfare of their staff. This applies to staff working remotely as well as those following more traditional work patterns. The new legislation goes further, placing the onus on businesses to ensure that health and safety guidelines are followed and that the relevant policy documents are in place. The mere existence of a safety handbook, however, will not be sufficient defence in law. Companies will have to demonstrate that their policies are enforced and be able to produce appropriate evidence of compliance.

What to do

For employees working remotely, including lone workers, this might include carrying out risk assessments on the premises to identify potential hazards, and ensuring they are trained in dealing with workplace violence (Conflict Management) and the ability to use any equipment and that it is maintained correctly. Technology (RAID Products) – such as alarms, online monitors and other tracking devices that enable managers to determine the exact location of mobile staff – can be a great help in supporting staff and demonstrating effective corporate compliance.  

Key points to remember:

• make health and safety a priority and a central part of your company culture

• ensure senior managers are aware of the implications of the new legislation and understand how it applies to lone workers.

• ensure remote workers are trained to use work equipment and that it is well maintained.

• Ensure adequate conflict management training is provided on a regular basis. 

How to contact us

If you require further information or would like details of training that would benefit your company. Contact us at info@h2hdefence.co.uk or fill out the form below to the left: