Legal Responsibilities of Employers

Health and safety law states that organisations must:

Provide a written health and safety policy (if they employ five or more people);

Assess risks to employees, customers, partners and any other people who could be affected by their activities;

Arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures;

Ensure they have access to competent health and safety advice;

Consult employees about their risks at work and current preventive and protective measures. Failure to comply with these requirements can have serious consequences - for both organizations and individuals.

Sanctions include fines, imprisonment and disqualification.

Under the Corporate Manslaughter and Corporate Homicide Act 2007 an offence will be committed where failings by an organisation's senior management are a substantial element in any gross breach of the duty of care owed to the organisation's employees or members of the public, which results in death. The maximum penalty is an unlimited fine and the court can additionally make a publicity order requiring the organisation to publish details of its conviction and fine.

Implementation

The Act was given Royal Assent on 26 July and the majority of it will come into force on 6 April 2008. The Act applies across the UK.Provisions relating to publicity orders will be commenced when supporting sentencing guidelines in England and Wales are available. The Sentencing Advisory Panel expects to publish a consultation paper on publicity orders (and the assessment of financial penalties) in November.

A final guideline is expected to be ready by the autumn of 2008, paving the way for publicity orders to be brought into force at that point. The application of the offence to the management of custody will also commence at a later stage. The Government is working to implement that aspect of the legislation within 3 years of the offence itself, but has indicated that a period of up to 5 years might be necessary.

Copies of the Act

The Act, and Explanatory Notes, are published by The Stationery Office and available from the website of the Office of Public Sector Information.

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