New corporate killing charge

The prospect of companies being found liable for the deaths of workers has moved one step closer this week after MPs heard the new Corporate Homicide Bill. This would create a new offence of corporate killing, replacing the offence of corporate manslaughter. The new Bill is an attempt to close a loophole by which large companies escape prosecution.

Under the current law of corporate manslaughter, only two firms have ever been successfully prosecuted. The prosecution must be able to prove that an individual representing a company (normally a director) showed a reckless disregard for safety that led to the death. The law is weighted in favour of large firms, because if no individual can be found to be guilty then the company cannot be prosecuted.

The new Bill is right in line with recent HSE push to increase punishments for health and safety offences. In 1996 the Law Commission proposed that a new offence of corporate killing be introduced. Under the proposals a company could be found guilty if a management failure - conduct falling far below what would be expected - resulted in the death of a worker or a member of public. The chairman and managing director of a company would have overall responsibility for the health and safety of their employees.

The Bill will only become law if it can win support from the government, but would increase the number of companies prosecuted.
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