Corporate Manslaughter one year on

It has been a year since the UK Government introduced new powers designed to make prosecutions for death at work more successful by charging the company rather than individuals.

The UK’s Corporate Manslaughter Act became law on April 1, 2008. Aon’s technical director Tom Sheffield issued the following comment:

‘It is still too early in the statutory lifecycle to see significant prosecution under the new legislation. But with 217 deaths at work in the nine months since April 2008, it is likely investigations are underway that intend to take advantage of the new powers to prosecute the entire company rather than pinpoint individuals, which had proved more challenging. Given the political energy behind the initiative, we would expect the act to gain more momentum if there is a notably tragic event causing significant loss of life.’

“We are advising directors to extend their liability insurance cover for investigations and legal costs.

Aon's technical director Tom Sheffield

‘In Europe, we’re beginning to see prosecutions under similar legislation and this publicity may have a knock on effect in the UK by rekindling the need to see successful prosecutions under the new act. Even though the new act targets companies, we’re advising directors to extend their liability insurance cover for investigations and legal costs in those cases as the directors’ actions that may have led to the death are at the heart of the prosecution.’

Cameron Little, consultant for Aon Global Risk Consulting, added: ‘The Corporate Manslaughter Act has not changed the health and safety duties that companies should have been implementing in the first place. However we have been conducting more health and safety audits for motor fleets in 2008/9, partly triggered by the fear of prosecution for driver deaths at work.’

‘Interestingly, amidst the fanfare of the Corporate Manslaughter Act introduction, the recent Health and Safety (Offences) Act 2008 has failed to achieve equal recognition. This is worrying as the act raises the maximum fine which may be imposed for health and safety offences while making imprisonment of individuals an option for more health and safety offences. We’re working with directors to ensure they deliver and monitor health and safety to provide a safe environment for employees.’