Part 4: What action should companies take?

Interestingly, the Corporate Manslaughter and Corporate Homicide Act doesn't actually place any new duties or obligations on organisations. The new law is however, specifically linked to existing health and safety requirements.

In principle then - get your health and safety management right and you should have nothing to fear from this change in the law.

Organisations should take the opportunity to review the application and effectiveness of corporate safety management systems, and look at whether any improvements can be made to ensure any potentially dangerous activities are properly resourced and planned for.

It may also be a good idea for companies to commission an independent audit and review of their safety management systems.

The following five steps are also well worth considering:

1. Assess organisational structure to determine who could be considered a 'senior manager', identifying who holds what responsibilities as determined in the health and safety policy.

2. Provide/update training for senior managers on their health and safety responsibilities.

3. Review and periodically audit all health and safety policies to ensure that statements made and standards set are achievable

4. Review health and safety culture to promote a safer environment for employees and the public.

5. Update your disaster management plan and ensure there is a protocol for dealing with the authorities and working with legal advisers when a fatality occurs.

Recent new guidance for directors and senior managers on their responsibilities for health and safety is available from the Health and Safety Commission here.

All organisations must do all that is reasonably practicable to protect people from risks that may cause injury or death. While no company sets out to cause death - intentional acts or omissions, such as failing to put into place a system to ensure the safety of people in your care, can lead to fatal accidents.