Legislation

The main pieces of relevant legislation are:

The Health and Safety at Work etc Act 1974 (HSW Act)
Employers have a legal duty under this Act to ensure, so far as it reasonably practicable, the health, safety and welfare at work of their employees.

The Management of Health and Safety at Work Regulations 1999
Employers must consider the risks to employees (including the risk of reasonably foreseeable violence); decide how significant these risks are; decide what to do to prevent or control the risks; and develop a clear management plan to achieve this.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
Employers must notify their enforcing authority in the event of an accident at work to any employee resulting in death, major injury, on incapacity for normal work for three or more days. This includes any act of non-consensual physical violence done to a person at work.

Safety Representatives and Safety Committees Regulations 1977 (a) and The Health and Safety (Consultation with Employees) Regulations 1996 (b)
Employers must inform, and consult with, employees in good time on matters relating to their health and safety. Employee representatives, either appointed by recognised trade unions under (a) or elected under (b) may make representations to their employer on matters affecting the health and safety of those they represent.

The Corporate Manslaughter and Corporate Homicide Act 2007
From April 2008, organisations can be prosecuted if the way in which its activities are managed or organised by senior management results in a person's death or amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

The impact of the Corporate Manslaughter and Corporate Homicide Act

The introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 represents a substantial change in the management of health and safety. Coming into force on 6 April 2008, the new legislation will make it possible for companies and government bodies to face prosecution should gross management failure result in the death of a person – be they an employee, a member of the public or any other individual.

Under existing legislation, a company’s guilt is associated with the gross negligence of an individual considered to be the embodiment of the company. While this is straightforward with regards to small companies, it has posed a problem in prosecutions against larger employers. The new Act will effectively remedy the current situation by making it possible for an organisation’s senior management team to be held accountable.

The penalties are potentially steep – organisations found guilty can face unlimited fines, remedial and publicity orders. Not only does this pose financial repercussions, but companies also run the risk of damage to their corporate reputation. As a result, the Act is vitally important and must be factored into all aspects of health and safety management – including that of your lone workers.

Lone worker safety is already subject to stringent health & safety legislation, calling for thorough risk assessments, robust lone worker policies and effective safety systems. Corporate Manslaughter adds a further incentive to put these pieces in place – if a company can demonstrate efficient health and safety management, this can stand as a solid defence should they face a Corporate Manslaughter prosecution.

With nearly 10 years’ experience in the field of lone worker safety and monitoring in excess of 17,000 lone workers, Argyll is the UK market leader in lone worker safety monitoring. Drawing on our experience, we would advise all organisations to evaluate their health and safety policies in light of the Corporate Manslaughter and Corporate Homicide Act.

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