Marsh urges UK business to review H&S

Marsh is urging UK businesses to review their health and safety procedures, risk management programmes and insurance cover in the wake of new corporate manslaughter and homicide legislation.

Marsh said in a release: “The Corporate Manslaughter and Corporate Homicide Act 2007 received Royal Assent on 26 July. Both private sector and public organisations, with prescribed exceptions, can now be prosecuted as a corporate body should a gross breach of the duty of care arising from their products or services cause a person’s death. There is no upper limit on the fines, remedial or improvement notices can be imposed and the convicted organisation can be ordered to publicise the details of the offence.”

Commenting on the new legislation, David Huxley, a managing consultant in the human capital risk management team at Marsh said: “The Corporate Manslaughter and Corporate Homicide Act 2007 is one of the most far-reaching pieces of legislation to affect UK organisations in recent times.

“Failure of an organisation to demonstrate an effective health and safety system and culture within the workplace will be key factor in any decision to prosecute

David Huxley, managing consultant in the human capital risk management team at Marsh

He added: “Failure of an organisation to demonstrate an effective health and safety system and culture within the workplace will be key factor in any decision to prosecute. Likewise, a strong health and safety culture could be instrumental in the successful defence of a prosecution.

“It is imperative that organisations, regardless of their size or nature of their business, review their health and safety, risk management and insurance programmes to ensure that they have reduced the likelihood of a claim in the first instance, and are in robust position should they need to defend a case.”