Corporate manslaughter

Course Overview

The new law on corporate manslaughter will have an impact on organisations, those who manage them and those who are employed or affected by the activities. This course will enable you to understand the concept of corporate manslaughter and corporate homicide as well as individual gross negligence manslaughter. It will show the implications for organisations and individuals in the event of death at work where there is management failure.

Audience

• Directors
• Senior managers
• Managers
• Management consultants
• H&S managers/professionals and consultants
• HR managers and those with management/supervisory responsibility in an organisation

Skills Gained

Attending this course will enable you to:

• Gain an understanding of the new law
• Know the implications of individual gross negligence manslaughter
• Understand senior management responsibilities
• Identify if you and your organisation is safeguarded against the offence
• Advise others in organisation on the impact of the new law

Course Outline

An introduction to Corporate Manslaughter and Corporate Homicide

• The foundation of the offence
• The Law Commissions proposal
• Parliamentary developments
• The Corporate Manslaughter and Corporate Homicide Act 2007
• The offence
• Who is 'senior management' and what are the implications for managers who are not senior
• Meaning of 'Relevant duty of care'
• What is 'management failure'
• What is meant by a 'significant role' in making decisions and what is a 'substantial part' of the activities.
• Factors for a jury
• Power to order breach to be remedied
• Procedures, evidence and sentencing
• No individual liability

Individual gross negligence manslaughter

• Individual gross negligence manslaughter
• What are the implications for Gross Negligence Manslaughter and what are the individual safeguards against the offence
• Alternative s.37 and s.7 Health and Safety at Work Act offences

The investigation and legal process

• A death at work and the investigation process involving the police, HSE and CPS.
• The Protocol for Liaison; joined up investigations
• The court system and process
• The prosecution case
• The defence case
• The trial
• Sentences - fines, remedial and public notification

Case studies

• Two case studies
• The issues involved
• Findings and actions
• Significant findings and their implications
• Possible liabilities under the new law

Management factors

• What are the implications for your company and what are the corporate safeguards against the offence?
• Why your organisation, no matter its size needs to develop an effective health and safety management system
• Evidence of management leadership and ownership.
• Effective corporate procedures and processes
• Control, competence and co-operation
• Monitor and audit - record findings and actions
• IoD/HSC Leading Health and Safety at Work guidance 2007

Plenary session

• Discussion on day's topics
• Questions from delegates
• Clarification of issues raised
• Confirmation of learning outcomes

Corporate manslaughter / CM028611