On 6 April 2008, the implementation of the Corporate Manslaughter and Corporate Homicide Bills come into force, yet research suggests businesses are still not prepared.
When the new laws come into play, companies, regardless of size, are at risk of prosecution and conviction if a fatality is found to be caused by a gross breach of a relevant duty of care, and where the conduct of senior management is a substantial cause of that breach.
The Health and Safety Executive (HSE) is calling on employers to shake up their first aid to prevent accidents escalating. They report that as many as 241 employees were killed at work during 2006/07 with a further 240,000 staff suffering reportable injuries.
Currently, the HSE requires all employers to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be given to workers should they suffer an injury or fall ill. It does not matter if the accident or illness is caused by the work they do or not, the employer has a duty of care towards their employees to provide first aid assistance. Under the new laws, a company will face action where a serious breach in health and safety management procedures means that the duty of care is not met and a fatality occurs.
If your company lacks the correct number or appropriate category of first aider you are leaving your business at serious risk, warned the HSE: “Should a fatality in the workplace occur, the onus will now be placed on the individual organisation to prove that an effective health and safety policy exists, is clearly communicated and competently implemented. Any gaps in training records would be considered a serious breach in the duty of care, yet without a hard and fast rule from the HSE, many businesses can become confused about what is ‘adequate and appropriate’ personnel for their business.”
The HSE urges employers to look at their first aid training and highlight the two main types of first aid course available: the basic one-day course for the ‘appointed person’ and the four-day first aid at work course (for people who want to be recognised as a qualified first aider in the workplace).
In both cases, certificates are awarded which are valid for three years, after which employees are required to attend further training to refresh their skills and renew their certification, says the HSE.
HRZone.co.uk recently published its special report on the responsibilities as laid down by the new Acts. See Corporate Manslaughter: Ignorance is no excuse
