Stansted Airport Chamber of Commerce

Following a recent high-profile inquest into the death of a workman who suffered a heart attack days after 15 floors of scaffolding collapsed around him, businesses are being urged to review their procedures ahead of a change in the law which could make it easier to prosecute them for manslaughter.

According to Sara Young of leading law firm Hewitsons, the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 should encourage companies to assess the adequacy of their systems and procedures as a matter of urgency.

The new act, which is set to come into force on April 6, is intended to address the current difficulties in successfully prosecuting companies for manslaughter, as the present system relies on finding an individual manager legally responsible for the death.

Sara said: "While the act is now on the statute books, it is not yet in force. It is expected to come into effect on April 6 this year, so there is ample time for organisations to review their management policies and systems for any sources of concern. You can be sure that insurers will be keen to see companies carrying out the necessary assessments and making changes where required. It is crucial that companies are well prepared for this change in the law."

Her comments come after an inquest jury returned a verdict of accidental death in the case of John Robinson who died following the collapse of 15 storeys of scaffolding at the Jurys Inn Hotel site in Milton Keynes. The 49-year-old carpenter suffered a heart attack caused by a blood clot attributed to his injuries sustained in the accident in April 2006.

During the inquest safety experts had identified a number of problems with the scaffolding, including missing facade bracing, poles too far apart and overloading. A Health and Safety Executive investigation continues.

The new act will apply where a duty of care is owed by an organisation to its employees, contractors or occupiers of its premises, where that duty has been breached as a result of the way in which its activities were managed or organised by its senior management, and where the breach has been a cause of a death.

In order for a case to be made out, the breach of duty must be serious and the conduct involved must fall below the standard that could reasonably be expected of the organisation in the circumstances.

In assessing the contribution of management to the death, the court will look closely at adherence to Health and Safety legislation and guidance, and more generally the attitudes, policies, systems or practices of the company.

Sara said: "As well as the possibility of an unlimited fine, the court could make remedial orders requiring correction of the management and system failures, and could also direct that the conviction and any remedial order be publicised by the company.

"While this represents a change in the law as applied to the organisation itself, individual managers remain subject to potential prosecution and liability under the general criminal law and health and safety legislation in respect of any involvement they may have had in the death."

The new act applies not just to companies, but to partnerships, trades unions and employers' associations. It also allows prosecutions against Government departments, which previously enjoyed Crown immunity.

To find out more about the act, visit www.hewitsons.com where you can download a free Guidance Note from the Knowledge Centre section of their website.