The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) came into effect on 6 April 2008. This page has details about the new Act and the key points for employers.
The CMCHA makes it easier to prosecute organisations where gross failures in the management of health and safety, leads to a death.
Trusts should analyse and address the risks associated with their activities. They should also focus on keeping their health and safety management systems under review, in particular, how their senior management team manages and organises these activities.
Trusts that meet their legal health and safety obligations are not likely to be prosecuted under the Act. We have produced a briefing for employers that summarises the key points in the Act and what senior managers should do to ensure compliance which are summarised below.
Advice for boards
Boards should consider taking the following actions. The CMCHA does not impose any new duties and NHS bodies should already be carrying out most of these actions. See the briefing for details of where trusts can get further information.
- Audit - conduct a comprehensive audit and review of your safety management system
- Health and safety procedures - ensure the procedures are all properly documented and implemented by all levels of management and staff
- Risk assessment - ensure that all activities are risk assessed by a 'competent' person as defined by the Management of Health and Safety at Work regulations (1999)
- Health and safety responsibilities - ensure that responsibilities at all levels are clear and in writing
- Senior management responsibilities - look carefully at the actions of senior management and ensure that they are compliant
- Director responsibility - appoint a 'health and safety' director at board level
- Board oversight - make sure health and safety is on the board's agenda
- Emergency action plan - ensure there is an emergency action plan in place
- Police investigations - have a process in place for dealing with the police and HSE inspectors
- The law - keep up to date with the relevant health and safety legislation
- Safety culture - constantly review and improve your safety culture to ensure continued compliance with relevant health and safety legislation
If an incident happens:
- Accident investigations - make sure these are carefully managed with legal input
- Legal advice - if an incident happens, seek legal advice at any early stage
- Constantly improve your safety culture - no culture is ever perfect
Last reviewed 13 Aug 2008
