Can the offence be avoided by senior managers delegating responsibility for health and safety?
No. Failures by senior managers to manage health and safety adequately, including through inappropriate delegation of health and safety matters, will leave organisations vulnerable to corporate manslaughter/homicide charges. Senior managers should ensure they and their organisation are complying with current health and safety laws. New guidance “Leading health and safety at work – Leadership Actions for Directors and Board Members” is being drawn up jointly by the Institute of Directors and the Health and Safety Commission, and will be published UK-wide later this year. What will happen in practice? Employers have a legal duty to report certain incidents at work, including work-related deaths. The police will lead an investigation if a criminal offence (other than under health and safety law) is suspected. They will work in partnership with the HSE, local authority or other regulatory authority. The Government expects that cases of corporate manslaughter/homicide following a death at w