Companies can face prosecution for any fatality within the workplace
Where there is a fatality of an employee an organisation can be found guilty of a new offence under the new Corporate Manslaughter legislation that came into force on 6th April 2008.
Fines are set to be far in excess of any penalties which have ever been imposed in previous such cases. The Courts will also be able to make publicity orders requiring convicted companies to advertise their failings with the obvious intention of exacting further punishment beyond the burden of the financial penalty.
The Act doesn't change the fundamental duties that are placed upon operators, as these already exist under food safety, fire safety and workplace safety legislation. The new Act simply makes it easier for corporate bodies to be prosecuted in the event of a fatality within their workplace.
If you have any queries please contact Graeme Cushion.
In conjunction with the BII, we have created an exam compiled from past paper questions.