Companies could find themselves on the receiving end of a string of new prosecutions and unlimited fines for fatal accidents that occur in the work place as a result of the new Corporate Manslaughter Act 2007 which came into effect on 6th April.

The Act introduces an offence that prosecutes companies and other organisations where there has been a gross failing in the management of health and safety with fatal consequences. In other words, the involuntary killing of an individual due to the negligence of an organisation.

But who will be liable under the Act? Under the old laws a company could be convicted only if the “directing mind” or senior individual could be identified as responsible for gross failings leading to a death. However, the focus of the new Act is on senior management, enabling the collective actions of a company’s senior management to be examined. Although individuals cannot be jailed, companies face unlimited fines.

So what can you do to strengthen your businesses health and safety strategy to avoid becoming liable under the new Act? Check out our tips below:

1. Companies should review all their health-and-safety procedures to ensure that they are complying with the latest laws and that individuals managing health and safety are properly trained
2. Risk assessments should be conducted to identify potential problems before accidents occur
3. Your employees also have a responsibility to take care of their safety and that of fellow workers and should report anything of concern immediately
4. Consult with staff because they can identify potential problems that you may not be aware of.
5. If someone raises a safety concern, don't dismiss it – investigate and act on it. If you operate machinery, make sure safe working practices are in place and communicated to all staff.
6. It’s vital that you have the right insurance for the business so check policies to see if they are covered in relation to the new laws. If you are unsure, get expert advice.

For more information on the legislation, please refer to the following website:

http://www.justice.gov.uk/guidance/manslaughteractguidance.htm

A 10-point list by the Health & Safety Executive illustrating the key actions required by law can also be viewed at:

http://www.hse.gov.uk/business/must-do.htm