Corporate manslaughter - Small staff is still big risk

Any employer that has not reviewed its health and safety policies already should do so now. The Corporate Manslaughter and Corporate Homicide Act (2007) was introduced on 6 April and applies to employers of all sizes. A company is guilty of the new offence if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the deceased.

You should conduct thorough risk assessments to identify any potential difficulties, as it is better to tackle any problems before accidents occur. The assessments should be conducted on a regular basis, or when changes in the law occur, or whenever there is a significant change in the working culture within your business.

If you do not have sufficient time then you should delegate the responsibility of ensuring health and safety compliance to someone else. Make sure the person that you nominate is trained adequately and is aware of not just the recent changes but also health and safety legislation that is forthcoming.

Your workers play an important role in safety compliance; they should take responsibility in ensuring the safety of themselves and fellow workers. If staff members have any areas of concern then the issues should be reported immediately to the firm's management. A potential workplace accident may be prevented if acted upon as soon as the problem becomes known and so you must investigate all areas of concern raised by workers.

A new offence has been set out by the Act for convicting an organisation where a gross failure in the way activities were managed or organised results in somebody's death. Courts now look at management systems and practices across organisations, providing a more effective means for prosecuting the worst corporate failures to manage health and safety properly.

The Act means that those who disregard the safety of others at work with fatal consequences, are more vulnerable to very serious criminal charges. There are grave penalties involved; if your business is found guilty then you could be liable to an unlimited fine. Should knowing the extent of the court's power to impose punishment not be alarming enough, then consider the publicity that fatal workplace accidents attract. If you have any machinery, photocopiers, laminating machines or any other equipment then ensure that risk assessments are carried out and safe operating practices are in place.

Health and safety policies should be communicated to staff, followed in full, reviewed and updated on a regular basis; remember also that faculties such as staff canteens and toilets are included when reviewing your policies and conducting risk assessments. It is critical that you have appropriate insurance in place in the event of a fatal accident and if you are unsure then you should obtain expert advice.

Health and safety should be a priority. The Health & Safety Executive provides a useful 10-point list illustrating the key actions required by law that apply to nearly every business.

Peter Done, managing director, Peninsula.