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Corporate Manslaughter - latest legislation in Legislation of the Political, Social, Environmental forum: NEW CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007 Many of you will have heard about this. There is really helpful information that I would advise all business owners to look ...

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Old 17th April 2008, 18:15
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Exclamation Corporate Manslaughter - latest legislation

NEW CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007

Many of you will have heard about this. There is really helpful information that I would advise all business owners to look at on the following link:

Leading health and safety at work

and also the IOD (Institute of Directors) have helpful advice here:

IoD - Regulation, Health & Safety

Please discuss if you are not sure of the implications or what you need to do.

kind regards

Stephanie
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Old 5th May 2008, 19:15
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3members Re: Corporate Manslaughter - latest legislation

SAFETY TIP OF THE MONTH
How confident are you in your Management Systems
Can your company face a fine of 10% of its turnover!

Corporate manslaughter law has had a lot of media publicity about this new act, but the reality is nothing has really changed in the way businesses must manage health & safety.

The main purpose of the Act is to make it easier to prosecute companies if their gross negligence leads to a death (!)

CORPORATE MANSLAUGHTER
Companies will be exposed to police investigations, higher fines and a wider range of possible offences, under the new corporate manslaughter law that came into force on 6th April.

They could face fines of 10% of turnover and may dwarf the biggest penalties imposed to date under health and safety legislation, along with further potential penalty if convicted of imposition of an “adverse publicity order”, requiring them to announce findings in advertisements or letters to suppliers and shareholders.

HOW MAY IT AFFECT YOU?
It is expected investigators and prosecutors to widen their scope into new areas of inquiry, such as driving or dangerous activities where reasonably systems expected in companies’ activities.

The offence will be clearly linked to existing health and safety requirements and those who already take their obligations under health and safety law seriously have nothing to fear.

Some far-reaching and unusual provisions in the legislation should put even the most safety-conscious public bodies and industries at risk to review and not be complacent in their actions.

In this context it is worth noting that if your business may be more vulnerable because prosecutors no longer have to demonstrate who the “controlling mind” was accountable for a death and requires instead that all senior management plays an active leadership role.

DOES IT APPLY TO YOU?
Most likely yes! If you have any hazardous operations, then these requirements apply to you. How confident are you in your Management System can you afford to loose 10% of turnover.

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