2009-04-01

By Editor, CIR

The year-old Corporate Manslaughter Act, introduced on April 1 2008, may shortly begin showing its teeth predicts Aon.

The legislation, designed to make prosecutions for deaths at work more successful by prosecuting the company rather than specific individuals, has yet to result in significant prosecutions.

"But with 217 deaths at work in the nine months since April 2008, it is likely investigations are underway that intend to take advantage of the new powers to prosecute the entire company rather than pinpoint individuals, which had proved more challenging,'' comments Tom Sheffield, a technical director at Aon.

"Given the political energy behind the initiative, we would expect the act to gain more momentum if there is a notably tragic event causing significant loss of life."

Sheffield says that similar legislation elsewhere in Europe has begun to result in prosecutions and could "have a knock on effect in the UK".

"Even though the new act targets companies, we're advising directors to extend their liability insurance cover for investigations and legal costs in those cases as the directors' actions that may have led to the death are at the heart of the prosecution," he adds.

Colleague Cameron Little, consultant for Aon Global Risk Consulting, says fanfare surrounding the Act has diverted attention from the recent Health and Safety (Offences) Act 2008

"This is worrying as the act raises the maximum fine which may be imposed for health and safety offences while making imprisonment of individuals an option for more health and safety offences," he comments.

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