Source: XpertHR Q&A Date: 08/04/2008 Publisher: XpertHR

Q1068: What is the basis for the prosecution of an organisation under the Corporate Manslaughter and Corporate Homicide Act 2007?

TOPICS:
health and safety  law and codes of practice
health and safety management


Following the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, corporate liability is now based on the ways in which an organisation's activities are managed and organised, meaning that it is easier for the authorities to prosecute companies and large organisations. An organisation will be guilty of an offence if the way in which its activities are managed or organised causes a person's death, and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

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