Dealing With Fatalities – Advice For Businesses
The arrival of the Corporate Manslaughter and Corporate Homicide Act 2007 on 6th April 2008 affects a wide range of organisations in both the public and private sectors. If your organisation has been involved in a fatality, it is important to seek legal advice at an early stage.
An organisation can now be convicted of corporate manslaughter in England or corporate homicide in Scotland if gross failure in the way in which its activities are managed or organised results in a person’s death. A substantial part of the failure in the organisation must be at senior management level.
Organisations found guilty of this offence will face an unlimited fine, Remedial Order and/or Publicity Order. A separate fatal accident inquiry could also be ordered.
Our Health and Safety team is experienced in assisting organisations in these circumstances and can advise you every step of the way through what can be a very difficult and stressful time for your business.
The new law does not require organisations to comply with new health and safety standards, but they must take appropriate steps to meet existing duties under health and safety law. Businesses must make sure that their health and safety policies are up to date, regularly reviewed and enforced.
Businesses have a duty to report work related deaths to the Health and Safety Executive (HSE). The police will carry out investigations if it is thought that a criminal offence has been committed. The HSE will be involved in the investigations given its expertise in investigating work related deaths. The authorities will want to gather evidence regarding the employer’s health and safety procedures and to interview witnesses.
During such an investigation it is wise to make sure that the process is carefully managed with legal input and we can provide assistance with that. If charges are brought against your organisation following an investigation, we can guide you through the legal procedures that will follow and represent your interests in Court.
If you would like to find out more about how our team can assist your organisation, please contact David Stevenson on 0141 228 8000.
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