Source: XpertHR Q&A Date: 09/04/2008 Publisher: XpertHR

Q1069: Following a fatality, can directors and senior managers be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007?

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


No, although individuals can be prosecuted for common law manslaughter by gross negligence. The introduction of the Act is, however, likely to lead to greater focus on management failures in fatality investigations involving organisations, and this focus may result in more prosecutions involving individuals (particularly directors and managers) under the statutory provisions within the Health and Safety at Work etc Act 1974.

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