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Under the proposed guidelines for prosecutions under the Corporate Manslaughter Act, companies can be fined between 2.5 and 10% of their average annual turnover.

Question 1

What does this mean to you?

I'm confident I won't have an accident, so am not worried about the fines.

The fines are potentially enormous and really worry me.

I have in place proper systems and procedures so that, even if I do have an accident, I will not be liable to a fine.

I can afford it.

Question 2

Which of the following makes more business sense to you?

Spend money on expensive health and safety systems that I may never need, to ensure nothing ever goes wrong.

Save the money for a potential fine - and hope for the best.

Put in place health and safety policies and procedures that don’t cost anything but will prevent accidents from occurring.

Invest time and money in training senior management in health and safety awareness and management, to prevent accidents from occurring.

Question 3

Which of the proposed penalties do you think will cause a business the most damage?

Huge fines.

A publicity order, whereby a company has to advertise the fact it is a corporate killer.

Prison sentences.

None of the above.

Organisations defending action under the Corporate Manslaughter and Corporate Homicide Act 2007 will be legally liable to pay costs and expenses, in addition to any fines and penalties, remedial or publicity orders made by the court. Appropriate insurance cover will need to be in place.

Question 1

Which of these statements applies to you?

We have a directors/officers indemnity policy in place to cover these costs.

We have health and safety cover under a public/employers liability insurance policy.

Our legal expenses insurance will cover these costs.

I do not want to pay insurance cover for costs we will never encounter.

Question 2

What steps have you taken to ensure your existing policy extends to corporate manslaughter?

There is no need for us to take any steps.

Our insurance firm has confirmed the cover extension under our public / employers liability policy.

We are going to check our existing public / employers liability policy extends to corporate manslaughter.

We have extended our directors and officers policy to cover the corporate entity.

Question 3

Which of the following statements do you consider to be most accurate?

A relevant insurance policy may cover us for the costs associated with a publicity order made by the courts.

A relevant insurance policy will cover us for fines or penalties issued by the courts.

A relevant insurance policy will cover the costs and expenses that we are legally liable to pay in defending an action.

A motor insurance policy will pay for the costs of legal services to defend the organisation if legal proceedings are brought for manslaughter.

It is generally accepted that one third of road fatalities and injuries involve people who are at work. On average, this equates to more than 1,000 deaths a year and more than 60,000 injuries affecting people travelling for work. By comparison, the total number of workplace deaths in all other areas averages just over 200 a year. Predictions are that many more road-related death cases will be brought to court once the new legislation is in place.

Question 1

What measures have you put in place to ensure you don’t fall foul of this?

None.

A basic driving at work policy that stipulates they shouldn't drive tired and only use mobile phones if they are hands-free.

Comprehensive driver training, thorough policies and procedures, a maintenance schedule, ban on mobile phones and strict instructions not to drive if they have worked long hours.

I've asked my employees to be extra careful on the roads after April.

Question 2

Do you allow employees to use their mobile phones whilst driving?

I've told them to buy a hands-free kit.

I don't know whether they do or they don't.

It is a disciplinary offence for my employees to have their mobile phones on whilst driving.

I've supplied all my drivers with hands-free kits.

Question 3

How do you ensure your vehicles are well maintained?

Maintenance schedules are adhered to on a regular basis, and the employee documents that this has been done, and this is checked by management.

I don't own any cars - it is my drivers' responsibility.

We have a very good garage that services our cars regularly.

All cars undergo an annual MOT.

The Corporate Manslaughter and Corporate Homicide Act 2007 should not impose any additional requirements on an organisation that has already fully integrated health and safety. But because management failure is a focus of the Act, it follows that the actions of management are suddenly it in the spotlight.

Question 1

Which of the following applies to the culture of your organisation?

Directors and senior managers set a positive example.

Directors and senior managers have been known to not follow health and safety rules themselves.

Directors and senior managers challenge those who don't follow health and safety rules.

Directors and senior managers are regularly seen on the 'shop floor'.

Question 2

To what extent has your health and safety strategy been communicated?

We have actively involved stakeholders in health and safety decision-making.

We do not report on our health and safety performance to employees because we think it gives out a negative message.

All board members are fully signed up to the strategy.

Staff have been made aware of the policies and are expected to follow them.

Question 3

How is responsibility for health and safety managed within your organisation?

There is a health and safety director on the board.

Senior management are involved in every detail of day-to-day health and safety management.

Employees are responsible for their health and safety performance.

Senior managers delegate responsibility and provide support where needed.

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Corporate manslaughter survey

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