Corporate Manslaughter and Health and Safety Law Guidance
The Corporate Manslaughter and Corporate Homicide Act 2007 establishes that an organisation can be found guilty of corporate manslaughter if its activities result in a person’s death due to a serious management failure amounting to a gross breach of a duty of care. This guidance explains what the law means, how it applies, and the steps organisations should take to prevent such cases.
What is Corporate Manslaughter?
Corporate manslaughter occurs when the way an organisation’s activities are managed or organised causes a person’s death, and this amounts to a gross breach of a duty of care owed to the deceased. It focuses on failures at a senior management level rather than on individual employees.
Key Elements of the Offence
To establish a case of corporate manslaughter, prosecutors must prove:
- A duty of care existed between the organisation and the deceased.
- The organisation breached that duty through gross negligence.
- The breach was a substantial cause of the person’s death.
- Senior management played a significant role in the failure.
Examples of Corporate Manslaughter
- A construction company failing to enforce proper safety procedures, resulting in a fatal fall.
- A manufacturer ignoring repeated warnings about faulty equipment that later causes a death.
- A care home failing to provide adequate supervision or maintenance, leading to a fatal incident.
Penalties and Legal Consequences
Convicted organisations can face:
- Unlimited fines based on the severity of the breach and company turnover.
- Remedial orders requiring corrective actions.
- Publicity orders requiring the company to publicise its conviction and details of the offence.
How to Prevent Corporate Manslaughter
Employers and senior managers can reduce risk by:
- Ensuring robust health and safety management systems are in place.
- Providing regular training for managers and staff on legal responsibilities.
- Conducting thorough risk assessments for all operations.
- Maintaining accurate records of safety audits and incident investigations.
- Promoting a strong safety culture led by senior management.
Relevant Legislation
- Corporate Manslaughter and Corporate Homicide Act 2007
- Health and Safety at Work etc. Act 1974
- Management of Health and Safety at Work Regulations 1999
Corporate Manslaughter Prevention Training and Competence
Senior managers, directors, and supervisors should undertake health and safety leadership training to understand their legal obligations and how to implement an effective safety culture across the organisation.
- IOSH Managing Safely – teaches managers their legal duties and how to manage risks effectively.
- IOSH Leading Safely – designed specifically for directors and senior leaders; directly addresses legal accountability.
- NEBOSH Certificate in Health and Safety Leadership Excellence – focuses on how leadership decisions impact safety performance.4
- NEBOSH National General Certificate – provides a strong foundation in legal compliance and risk control.
- NEBOSH HSE Introduction to Incident Investigation – covers how to investigate incidents and learn lessons before a fatality occurs.
- CITB Site Management Safety Training Scheme (SMSTS) – ideal for construction managers; includes legal responsibilities and enforcement.
- CITB Directors’ Role for Health and Safety (DRHS) – specifically designed for directors; explores corporate liability, enforcement, and manslaughter cases.
- NEBOSH National Diploma in Occupational Health and Safety – advanced course covering legal frameworks, enforcement, and moral responsibility.