FULL ARTICLE


Article Date: 08/04/2008
Article Title:Corporate Manslaughter Act In Force

 
The Corporate Manslaughter Act 2007 came into force in England Northern Ireland & Wales on April 6th and in Scotland the Coroporate Homicide Act came into force.It allows for unlimited fines if entities are found to have caused death by gross failings in the corporate management of their duties of care.


The new act extends the scope of liability to include the corporate entity as well as the directors. It also extends the place of work to include the vehicle employees are travelling in as part of their job.

Under the new Act an organisation commits an offence if the way in which its activities are managed or organised causes a person's death and amounts to a gross breach of a relevant duty of care.

Organisations are advised to ensure their policies and procedures include relevant postitive management of duty of care. For mobile workers this includes ensuring employees do not use handsets whilst driving and do not drive dangerously or for excessive periods.


The organisation is only guilty of an offence if the way in which its activities are managed or organised by its senior management is a substantial element of the breach.

The legislation does not impose any new obligations and is only intended to be used in the most serious cases of corporate mismanagement.



Click here to view all news articles