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Businesses "need wake up call"
February 1st 2008

Thousands of British companies remain ignorant of the Corporate Manslaughter Act, which comes into force on 6 April according to new research from the British Safety Council.

London and the South East are said to have the lowest awareness of all the regions.

A third of the capital's companies claim to be unaware of the Act and less than half (44%) are prepared for it. In the South East, 53% claim not to fully understand its implications and just 20% of companies are fully prepared for it - compared with 59% in the South West and West Midlands.

It also seems that the smaller the company the greater the confusion. Just one third of companies with five or less employees understand the implications of the Act on their business, compared with over half of all companies with 50+ employees.

Under the new Act, it is the organisation which will be prosecuted for a gross failure in the management of health and safety that causes death. The legislation rectifies a key defect in the present law where organisations can only be convicted of manslaughter if a single individual at the very top of the company is personally guilty – and ensures proper accountability for serious management failings. Unlimited fines coupled with a publicity order, requiring an organisation to publicise the fact of its conviction and certain details of the offence in a way specified by the courts, should set alarm bells ringing, making companies sit up and take note.

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