Effective from 6 April 2008, the new offence is intended to complement other legislation such as health and safety legislation and is specifically linked to existing health and safety requirements.

Who does the Act apply to?

• companies incorporated under companies legislation or overseas
• other corporations including
• public bodies incorporated by statute such as local authorities, NHS bodies and a wide range of non-departmental public bodies
• organisations incorporated by Royal Charter
• limited liability partnerships
• all other partnerships, and trade unions and employer’s associations, if the organisation concerned is an employer
• Crown bodies such as Government departments
• police forces

Under this Act prosecutions will be against the organization, not individuals. However, Directors, Managers and other individuals may still be prosecuted under the Health & Safety and general criminal law.

For the new offence to apply, the organisation concerned must have owed a “relevant duty of care” to the victim. A duty of care is an obligation that an organisation has to take reasonable steps to protect a person’s safety. The offence itself occurs where an organisation is in gross breach of a relevant duty because of the way its activities were managed and organised and this causes a death.

This Act is not part of current health & safety legislation, but clearly has serious implications for the way organizations manage their health & safety obligations.

In the event of a fatal work related incident the organization will be expected to demonstrate it has conducted appropriate risk assessments and taken appropriate action to remove or reduce risks.

ADVISA helps organizations identify and assess risks, and take corrective actions in a cost effective manner.

This guidance should not be regarded as providing legal advice, which should be sought if there is any doubt as to the application or interpretation of the legislation.

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