Health & Safety
Corporate Manslaughter and Homicide Act
As an employer, from April 2008 you will be liable for work-related road
safety. The Department for Transport estimate that ‘up to a third of all
road traffic accidents involve somebody who is at work at the time. This
may account for over 20 fatalities and 250 serious injuries every week.’
Company vehicles require more than a MOT certificate and a driver with
a valid driving license. Health and safety law also applies to work
activities when on the road. As an employer, manager, supervisor or
self employed person you are required to ensure the health, safety and
welfare of all employees and to safeguard others who may be put at risk
from work related driving activities.
Many leasing companies provide this service but what about your staff who use their own cars?
Be prepared and act now.
Book and inspection
Corporate Manslaughter and Corporate Homicide Bill
1 The offence
- (1) An organisation to which this section applies is guilty of an offence if the way
in which any of its activities are managed or organised by its senior managers—
- a) causes a person’s death, and
- (b) amounts to a gross breach of a relevant duty of care owed by the
organisation to the deceased.
- (2) The organisations to which this section applies are—
- (a) a corporation;
- (b) a department or other body listed in Schedule 1;
- (c) a police force (as defined in section 13(1)).
In this Act “corporation” does not include a corporation sole but includes any
body corporate wherever incorporated.
- (3) For the purposes of this Act—
- (a) “senior manager” has the meaning given by section 2;
- (b) “relevant duty of care” has the meaning given by section 3, read with
sections 4 to 8;
- (c) a breach of a duty of care by an organisation is a “gross” breach if the
conduct alleged to amount to a breach of that duty falls far below what
can reasonably be expected of the organisation in the circumstances.
- (4) The offence under this section is called—
- (a) corporate manslaughter, in so far as it is an offence under the law of
England and Wales or Northern Ireland;
- (b) corporate homicide, in so far as it is an offence under the law of
Scotland.
- (5) An organisation that is guilty of corporate manslaughter or corporate homicide
is liable on conviction on indictment to a fine.
- (6) The offence of corporate homicide is indictable only in the High Court of
Justiciary.
2 Meaning of “senior manager”
- A person is a “senior manager” of an organisation if he plays a significant role
in—
- (a) the making of decisions about how the whole or a substantial part of its
activities are to be managed or organised, or
- (b) the actual managing or organising of the whole or a substantial part of
those activities.
3 Meaning of “relevant duty of care”
- (1) A “relevant duty of care”, in relation to an organisation, means any of the
following duties owed by it under the law of negligence—
- (a) a duty owed to its employees or to other persons working for the
organisation or performing services for it;
- (b) a duty owed as occupier of premises;
- (c) a duty owed in connection with—
- (i) the supply by the organisation of goods or services (whether for
consideration or not),
- (ii) the carrying on by the organisation of any construction or
maintenance operations,
- (iii) the carrying on by the organisation of any other activity on a
commercial basis, or
- (iv) the use or keeping by the organisation of any plant, vehicle or
other thing.
Further advice.
Book and inspection