Since the introduction of the Corporate Manslaughter & Corporate Homicide Act 2007, construction contractors and engineering consultants have been implicated to tighten up design and construction behaviours to avoid incidents on site.

As well as an existing moral obligation to our fellow human being, this Act provides criminal and financial penalties onto companies who do not comply or are acting grossly negligent.

Below are just a few interesting facts about the Corporate Manslaughter & Corporate Homicide Act 2007 (CMCH):

• Manslaughter is not a crime in Scotland – based on Roman law.

• Manslaughter is a crime in England – based on French law.

• CMCH implies Guilty until proven innocent in safety therefore it is not up to the prosecution to prove guilt, but up to the defence to prove innocence.

• The law prior to April 2008:
  1. Allowed for prosecution of the offence of CMCH where an individually unlawfully kills another without intent.
  2. The act or omission must be grossly negligent.
  3. A Duty of Care must be owed.
  4. Death must have been caused by the breach of that duty or at least a substantial cause.

• Some basic law concepts:
  • Duty of Care (Donotive vs Stevenson): ‘Obligation that a sensible person would use in the circumstances when acting towards others and the public. If the actions of a person are not made with watchfulness, attention, caution and prudence, their actions are considered negligent. Consequently, the resulting damages may be claimed as negligence in a lawsuit.’Reasonably foreseeable: ‘You must take care to avoid acts or omissions which you can reasonably foresee would be likely to injure.’
  • Reasonably practicable

• The company can get 1/3 off the fine by pleading guilty at the earliest possible opportunity.

• Both the corporation and individuals are subject to prosecution under the Act.

The CMCH is specific to the United Kingdom but is a great basis for which other countries should consider their own laws around this subject. For more information see:

Corporate Manslaughter & Corporate Homicide Act 2007 legislation

Health & Safety Executive HSE

What is the most poignant aspect of the Corporate Manslaughter & Corporate Homicide Act 2007 for you? Share in the comments below!