Homicide: Life on the site

With the latest health and safety figures showing that 77 workers were fatally injured in the UK construction industry during 2006/07, the sector should be more aware than most of the upcoming Corporate Manslaughter and Corporate Homicide Act 2007. This new law comes into force on 6 April 2008 and creates a new offence of corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland.

The Act makes it possible for organisations to be prosecuted if someone who is owed a duty of care has been killed at, or by, work because of a failure in how that organisation's activities are managed. Not only are employees covered under this duty, but also customers. For example, train passengers, members of the public, people living near a major construction site or pedestrians walking under scaffolding.

No individual can be reprimanded under the new law, but it will be possible for organisations to be prosecuted if it is found that any death occurred due to failures at senior level, such as directors or senior managers, to put in place adequate health and safety systems and procedures.

If this Act is going to apply to you, it may be worth considering the following:

• update training for senior managers on their health and safety responsibilities;
• include any senior managers who may not previously have been involved in health and safety training;
• review all health and safety policies;
• review your health and safety culture to promote a safer environment for employees and the public;
• make sure contractors are aware of their health and safety responsibilities and have adequate procedures in place, for each new project;
• provide extra health and safety focus towards non-English speaking workers;
• make sure your insurance covers legal protection in the event of criminal charges for corporate manslaughter.