Corporate Manslaughter – one year on
May 1st 2009

The landmark Corporate Manslaughter Act 2007 has now been in effect for one year. Julian Roberts considers the Act's impact so far

The offence of corporate manslaughter, which came into effect in April 2008, means that companies and organisations can be found guilty of corporate manslaughter as a result of a gross failure by senior management to manage health and safety that results in a fatality. The offence applies to all companies, corporate bodies, partnerships, and for the first time Government departments and police forces in most cases, but not individuals, who are already covered by existing law. Businesses found guilty of corporate manslaughter are liable to an unlimited fine and a remedial order, not to mention public humiliation.

The new Act has caused many organisations to sit up and pay more attention to their increased responsibilities, reviewing their health and safety policies and making sure they are enforced. It has also encouraged them to keep an eye on the way in which health and safety is handled by senior management, directors and board members, particularly in larger organisations, where directors are more likely to be remote from the company's everyday activities.

No prosecutions to date There have yet to be any prosecutions or even charges under the new Act, and indeed there may not be any for a few years, as not only must a death have taken place after 6 April 2008, but all the evidence supporting an allegation must also have occurred after that date.

However, it is obviously being taken seriously by businesses. Health and safety lawyers are reporting an increase in requests for information about the Act from their clients, as businesses take a closer look at their current health and safety systems and cultures.

Safety Media introduced a new website, www.corporatemanslaughter.net in March 2008 to provide help and clarification on the implications of the Corporate Manslaughter Act. The website offers a free corporate manslaughter audit tool, to help organisations assess their health and safety culture, including training and their conduct of risk assessments, to see how it could be improved. The site also offers free corporate manslaughter information packs to visitors.

The statistics from Safety Media's website paint an interesting picture of how organisations are responding to the Act – they seem to be taking it to heart. As at 5 March 2009, the site has received over 27,000 visitors. At least 1,849 audits have been completed and the results emailed back to the organisation, while more than 2,800 information packs have been requested.

SMEs taking notice Even one year on, the site is still receiving an average of 100 visitors each week. So who are they? The vast majority (approximately 80 per cent) of those requesting an information pack were small to medium-sized enterprises (SMEs) with fewer than 50 employees.

This fact bears out previous anecdotal evidence showing that many SMEs did not understand the Act and wrongly thought that making health and safety policies and systems as robust as possible would have a detrimental effect on their businesses, or that the Act did not apply to them as they were too small. Research by the British Safety Council before the Act came into force found the smaller the company, the greater the confusion and lack of awareness. Only one third of companies with five or fewer employees

On the forum So what are the main concerns of those using the website? According to Safety Media's Corporate Manslaughter forum, common questions being posed include:

What are the main reforms to the law and why they were considered necessary? Does our health and safety policy have to change to accommodate the Act? Does the Act apply to operational staff who visit patients or clients in their own homes? Does the original common law corporate manslaughter legislation still apply now the new Act is in force? How should we educate company directors on the importance of the legislation?

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