| Effects of the Corporate Manslaughter and Corporate Homicide Act 2007
The effects of the Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6th April 2008 across the UK. The Act has created a new offence based on existing health and safety regulations for convicting an organisation for a death caused by a gross breach of a duty of care owed by them to the individual.
Penalties for organisations found guilty under the Act can be an unlimited fine, a publicity order, which requires the organisation to publicise the details of conviction, and a remedial order, which requires companies to take steps to remedy the issues that led to the death.
Many asbestos related illnesses are fatal, and it can, therefore, be proved that unnecessary exposure to the substance caused a death in question. Senior management duty extends to ensuring workers’ exposure to asbestos is kept to a minimum. Non-compliance with these legislations, which then leads to death, is classified as a convictable offence under the Corporate Manslaughter and Corporate Homicide Act 2007.
The government hopes that by implementing the Act, those holding senior management positions will view it as an opportunity to review their current health and safety procedures, to ensure that they are providing a relevant duty of care to all of their employees.
Regulation 4 of the Control of Asbestos Regulations 2006 charges a ‘duty to manage’ asbestos to the organisation with clear responsibility for the maintenance of non-domestic premises. With the advent of the new Act, it’s prudent to review the Regulations, to see how your company policies and procedures align.
Some important things to remember:
- the use of all asbestos in new products is banned; blue and brown asbestos has been banned since 1985 and white has been banned since 1999.
- second hand use of asbestos products is also banned.
- existing asbestos should be left in, but monitored and managed to ensure that it is not disturbed.
- the main principal behind the ‘duty to manage’ is all about practically implementing the necessary procedures to protect maintenance workers and others from the risk of exposure to asbestos fibres. It is not about removing all asbestos.
If you suspect a presence of asbestos, do not attempt to remove it unless carried out by a professional asbestos expert. Contact HB Insulations for more information.
For more information contact HB Insulations on 0115 9440244 | 
