Protect yourself against corporate manslaughter charges

Software that could not only protect SMEs against charges of corporate manslaughter under new legislation currently being framed, but also save lives, has been launched by Employment Law Advisory Services (ELAS). As the Government finalises its new Corporate Manslaughter Bill, legal experts have warned that bosses’ complacency – rather than gross negligence – is the greatest risk to public health. So under proposals announced earlier this month, corporate culpability will no longer be based on proving a ‘directing mind’, but will be reframed on the basis of ‘management failure’. Even where they cannot be found to be personally to blame for an accident – as is necessary under current law – directors of guilty companies could be barred from their posts under the new legislation. “Recent research has shown that almost two thirds of British SMEs aren’t even aware of the proposed new Corporate Manslaughter Bill,” says ELAS health and safety consultant Wayne Dunning. “But that one law alone will make it much easier for their businesses to be prosecuted – and for them to be barred from becoming a director or even jailed.” Dunning points out that the job of managing the number of generic and specific risk assessments that need to be carried out seems to complex that some employers tacitly turn a blind eye and hope the worst never happens. Hence the new system that ELAS says turns abiding by the new lawfor SMEs into child’s play, and proactively ensures they never fall short. Its Employersafe Intelligent Health and Safety uses a traffic-light system to alert managers when a key risk assessment or inspection for which they are responsible is due – and alerts directors and the team of experts at ELAS. “This software breaks complex issues and procedures down into simple-to-follow, prioritised tasks,” explains Dunning. “An amber light then prompts both the manager responsible, and the directors when any tasks are on the horizon, while a red light alerts them that urgent action is required. “But because complying with the law can be a matter of life and death – if it ever gets to a red light situation, an alert will also flash onto the screen of our team so they can take whatever steps are necessary to personally ensure the target is not missed. “For company directors looking for simple peace of mind, we don’t think you can get any greater assurance that everything is being done by the book.”