Health and safety legislation

Corporate Manslaughter Act

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force in April 2008 and introduced for the first time the ability to prosecute companies and organisations for a gross breach of duty of care.

A fact sheet on the act is available in the quick links section

For example, if an employer allowed his employees to drive on company business without any type of company car policy in place and an accident occurred it is possible that the company could be prosecuted under the Act.

An employer should ensure they have robust health and safety policies in place for all aspects of their business.  This would include all aspects of the service members' offer their customers, which can range from vehicle safety to fleet management services. Such policies should be comprehensive and in line with all existing health and safety legislation which is in place today.   The BVRLA's Driving at Work Guide offers advice that will be helpful in putting together company policy on corporate social responsibility in terms of driving at work, a policy which should be robust, demonstrable and auditable to show that an employer has taken all reasonable steps to protect their employee’s and other road users.  The guide is available from the quick links section.

Health and Safety Offences Act

The Health and Safety Offences Act 2008 increases the penalties and provides courts with greater sentencing powers for those who break health and safety law. It does not impose any new duties on employers or businesses. The effect of the Act is to:

• raise the maximum fine which may be imposed in the lower courts from £5,000 to £20,000 for most health and safety offences;
• make imprisonment an option for more health and safety offences in both the lower and higher courts.

For proceedings to be brought against a company or individual there are two tests which a regulatory authority will need to ensure any prosecution can pass:

• evidential test - This is the first stage. The prosecution cannot go ahead, no matter how strong the public interest is in favour of prosecution, if the evidence is not sufficient. Providing there is enough evidence to secure a realistic prospect of conviction, the authority must then satisfy itself that it is in the public interest to bring the prosecution.
• public interest test - There are a number of factors to consider when determining whether the prosecution is in the public interest. One common public interest factor is the more serious the offence, the more likely it is that a prosecution will be required, especially if a conviction is likely to result in a significant sentence.

The Sentencing Guidelines Council has published their proposed guidelines on the likely penalties for breaches of the Corporate Manslaughter and Corporate Homicide Act 2007. These guidelines are currently being consulted on and further development is likely throughout 2010 in this area. For further information please click on the following external link Sentencing Guidelines Council