What constitutes ‘Corporate Manslaughter’?
Corporate manslaughter is the unintended yet preventable death of an employee in the workplace. Where this can be proven, it is the employing corporation, not an individual or subcontractor that will be found guilty of the offence.
Seriousness of the offence
Measuring the seriousness of the offence of corporate manslaughter in court is based predominantly on 3 factors:
How foreseeable the incident was (therefore how preventable the incident was)
How common an incident of that nature is in the corporation, and
How high in the organisation did the responsibility for the offending breach go.
Other factors that go against the accused company, aggravating the seriousness of the offence therefore attracting a larger fine are: The number of incidences of deaths and serious injuries caused in the workplace, ignoring previous warnings, and the failure to comply with relevant licences or to obtain them and forsaking safety in order to cut costs
For more information on:
- Legal penalty for Corporate Manslaughter
- Corporate Manslaughter and Corporate Homicide Act 2007