Health and safety compliance … corporate manslaughter

Earlier this year the first company was found guilty of corporate manslaughter under the changed law. It was subsequently fined £385,000. The Crown Prosecution Service has recently announced a second prosecution and have charged a company with corporate manslaughter following the death of an individual who feel through a fragile roof panel. The CPS has decided also that three of the Company Directors should be charged individually with gross negligence manslaughter. The company is also charged with breaching s2 of the Health & Safety at Work etc. Act 1974 for failing to ensure the safety at work of its employees. The three Directors are also charged under s37 of the same Act for allegedly allowing the company to commit the offence with their consent or connivance or neglect. 

This is likely to prove a protracted case. It remains to be seen whether the case will shed more light on how the Corporate Manslaughter and Corporate Homicide Act 2007 should be interpreted some three years after this became law. 

Posted on: 22/07/2011

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.

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