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Corporate Manslaughter and Security Services

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How does the Corporate Manslaughter and Corporate Homicide Act 2007 affect your company?

A guide to Corporate responsibility and the Law – June 2013

The Corporate Manslaughter and Corporate Homicide Act of 2007 has serious implications for all employers. It allows the law to really come down on businesses that are not ensuring the safety and security of their staff which leads to the death of a worker. The act allows both companies and individual senior managers to be prosecuted with resulting heavy fines or imprisonment for convictions.

The number of cases brought since its introduction are increasing each year and another 56 cases are currently pending :

  • 2009 : 7
  • 2010 : 26
  • 2011 : 45
  • 2012 : 63

To avoid prosecution a company must be able to show they have taken the required action with respect to health & safety of their employees and customers and this applies no matter how large or small the company is.

A lawyer from Pinsent Masons pointed out that in most large companies, directors and senior managers will be fairly well-insulated from the operational decisions that might have gone wrong and caused a fatality. However, he warned that “the weakest link in the present economic climate will be where their senior people have dictated a down sizing, or cost-cutting programme in cases where they knew, or ought to have known, that the cuts would adversely impact safety”.

He concluded: “This is an important message for senior people with positions of responsibility, in order to protect themselves and their organisations from the most serious prosecutions arising from fatalities.”

Corporate Manslaughter and Security Services

A key area for the potential implications of this law is the use of own personnel for locking / unlocking of premises and response to burglar or other alarm activations out of normal hours. The reason for this is that it is usually one of the few times when an employee is in a “lone worker” situation.

Any worker doing these tasks should have received the required security training and suitable additional health and safety systems should be in place for lone worker operation. In the event that a lone worker was injured, tripped, fell or was subject to an attack by an intruder that resulted in their death, then the Health & Safety Executive would expect answers to some very probing questions.

But if a business is responsible, then how does the law find out exactly who was responsible? The new legislation makes it very clear who shoulders the responsibility in a case of corporate manslaughter or homicide, and that is the directors and senior managers.

What is the answer, and how can you take real steps towards guaranteeing the security of your employees? The answer is to use professionals who know what they are doing, have the correct systems and procedures in place and allow you to perform the task in a cost effective way.

The Government are taking corporate responsibility seriously, and so should you.

Foremost Security Limited provide high quality security services including :

  • Manned guarding
  • Secure Key holding with fast alarm response, lock and unlock services
  • Mobile security patrols
  • Accredited security training

We are a local and flexible company who tailor our services to meet your exact needs at a cost effective price.

We are also one of the few companies in the East Midland who hold accreditation with the Security Industry Authority (SIS) Approved Contractor Scheme for secure key holding.

Foremost Security also offers a free security review to determine your best security needs in line with threats to your business. The review and assessment are wide ranging and will answer questions in the following areas :

  • Site location, type and size
  • Site access and lighting
  • Type, size, value and ease of resale of the goods, information or services held
  • Site vulnerability to theft by employees and external elements
  • Anticipated threats (theft, squatters, vandalism, arson, hijack, kidnap)
  • Site occupancy and potential zoning
  • Existing security implementation (guards, CCTV, alarms, keyholding, lighting, gates, fences, doors, locks, searches etc.)
  • Local crime rate and historical activity
  • Location, storage and security of hazardous materials

The results of the review can act as a basis for determining the optimum types and integration of security equipment and services required to provide a cost effective level of protection. Phone us for a free quotation on 0115 911 0213.

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