On the 6th April the Corporate Manslaughter and Corporate Homicide Act 2007 came into force creating a new offence of corporate manslaughter in England, Wales and Northern Ireland and in Scotland
the offence of corporate homicide.

The Act will have a major impact on the health and safety needs of companies. It is now possible for employers to be prosecuted if someone has been killed at or by work because of a failure in how the company’s activities are managed or organised amounting to a gross breach of duty. The Act not only applies to employees but also to the customers and clients of the business where they visit premises or use the employer’s facilities.

What you need to do

Employers need to ensure that they undertake certain precautionary steps to provide a defence to any claims as well as ensuring the safety of the company’s employees and clients.

• Ensure that employees are properly made aware of their responsibility
• Ensure that they receive proper and adequate training
• Review all health and safety policies as well as car user policies and procedures
• Review insurance policies
• Ensure that Directors and senior management have access to indemnity insurance to cover them in the event of needing legal help or assistance
• It is crucial that senior management are empowered with knowledge so that they can dispel any prospect of a gross breach claim
• Identify senior management who might be at risk

Free advice

Liverpool Chamber supports your business by including Chamber Heath & Safety free, as part of your membership. You have access to a 24 hour advice line and website which will give you all the information you need to ensure that your business is compliant with the law. You can access this service at www.chamberhs.co.uk or on 0870 220 8515.

Insurance & Protection

For your insurance needs, local broker Jardine Lloyd Thompson provides the Liverpool Chamber Risk Insurance service, they will review your insurance needs and ensure you have the correct level of indemnity in place. Just give them a call on 0845 347 1517.