NOW IS THE TIME TO ACT The Corporate Manslaughter Act (England, Wales and Northern Ireland) and Corporate Homicide Act (Scotland) set out a new offence where gross failure in the way activities are managed or organised results in the death of a person. Interestingly, there are no new regulations to comply with. Using a different approach, the police will investigate management systems and processes across the organisation and prosecute companies that fail to manage health and safety properly. The Act is designed to give employers an opportunity to look at how they manage risks and make sure they are taking the proper steps to meet current legal duties. Those who disregard the safety of others at work, with fatal consequences, are likely to face very serious charges. However, it is not designed to encourage companies to become risk averse. An organisation will be guilty of the new offence if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the deceased. WHO IS RESPONSIBLE? The offence applies to all companies and corporate bodies operating in the UK in the private, public and third sectors. It also applies to partnerships, trade unions, employer organisations if they are an employer, as well as Government departments and police forces. The Act will be used if a substantial part of the failure within an organisation is at senior level: these are the people who make significant decisions about the organisation or substantial parts of it. Delegating responsibility for health and safety is not a sufficient excuse. However, managers themselves may not necessarily be prosecuted under this Act. They can already be charged with gross negligence, manslaughter, culpable homicide and health and safety breaches under current legislation, primarily the Health and Safety at Work etc Act 1974. Under the new regulations, it is the company that will face charges. There are a number of exemptions to the Act including: * spending of public money * military operations * policing * the response of the emergency services * child protection * statutory inspection However, organisations can still be prosecuted under the relevant health and safety regulations if they fail in their responsibilities to ensure the safety of their employees or the premises they occupy. WHAT ARE THE PENALTIES? Conviction under this Act can lead to an unlimited fine and it is likely that the tariffs will be high. There is also a facility for courts to impose a publicity order, requiring the company to publicise details of the conviction and fine. Finally the courts may also issue a remedial order, requiring an organisation to take steps to address the failures behind the death. HOW WILL IT OPERATE? Employers have a legal duty to report certain incidents at work, including deaths which may be work related. The police will lead an investigation if a criminal offence, other than under health and safety law, is suspected. The Government expects that prosecutions will be rare as the new Act is designed to cover only the most serious of failures in health and safety management. Health and safety charges may be brought at the same time as a prosecution for the new offence. WHAT CAN YOU DO? Now is a good time to take a long, hard look at health and safety management within your company and tighten up your procedures. If you already conduct your business with safety in mind then you probably need do nothing more but if you adopt a tomorrow will do attitude to health and safety then you could fall victim to this new legislation. If you need help with your policies or procedures then call David Associates Limited. An explanation of the new Corporate Manslaughter and Corporate Homicide Act 2007 can be found on the Ministry of Justice website at the link below. If you have any doubts about the Act and how it might affect your business call in an expert, such as David Associates Limited, to advise you. ****** Understanding the new Act

MYTH OF THE MONTH Myth: Myth: If a pupil is hurt, the teacher is likely to be sued The reality The main legal duties lie with the employer, not the teacher or even the head teacher, unless they own the school and employ the staff. We cannot find a single instance in the past five years of a teacher being personally sued for compensation. Over the years a handful of teachers have been prosecuted following very serious incidents, but only where they failed to follow direct instructions and departed from common sense. Teachers who act responsibly will be on the right side of the law. Cartoon courtesy of HSE website ****** Myth of the month