All organisations have to comply with the following:
The Health and Safety at Work Act 1974 applies to all organisations. One of the main criteria of this is the need for a company to demonstrate its duty of care. In basic terms the following will help with this process. (Your Duty of Care)
- Have a health and safety Polic
- Carry out risk assessments for task and activities
- Train staff to adhere to the policy and follow the correct procedures
- Carry out periodic audits to ensure understanding, acceptance and compliance
The Corporate Manslaughter and Homicide Act 2007 was introduced in April 2008 and states than organisations whose gross corporate failures in health and safety and duty of care to employees, which lead to the death of individuals, will face prosecution for manslaughter and an unlimited fine. The key change from previous legislation in this area is that it’s about proving corporate fault rather than identifying an individual to blame. In this way prosecutions will be easier to secure.
The new law gives additional weight to existing legislation under health and safety and duty of care regulations. Whereas previously companies were legally bound to protect the welfare of their employees, whether in the office or abroad, and face penalties for inaction, the new legislation makes it a crime to neglect these duties.
The law now extends to ‘a company’s attitudes, polices, systems, or accepted practices’ that are likely to have encouraged failure to adhere to health and safety and duty of care regulations.
Planet Wise has extensive experience I helping organisations audit, research, write and implement polices and procedures that will help protect them under tis type of legislation.
The Employment Act introduced in 2002 and covers a wide range of elements within employment. This act makes companies accountable for an employees actions when he/she is travelling on business. Under the law, employers can be held liable for injuries or death negligently caused by one employee to another, or to a worker from another company or member of the public. An example of how this could affect a company could be reckless driving or breaking the speed limit en route to a business meeting.