Corporate Law Essay Example | Topics and Well Written Essays - 2500 words

Corporate Law - Essay Example A company's safety culture will be among the factors that a jury will have to consider. Those who have campaigned for directors and senior management to be held personally accountable will be disappointed. (Baker 2007, 22-22) The act does not apply to individuals, there are no prison sentences and the maximum penalty is an unlimited fine. Individuals can still be prosecuted for manslaughter under common law and the Health and Safety at Work Act 1974. The new law will make a considerable difference to employers' accountability for heath and safety. The most important change is that there will be convictions under this act, which prosecutors were unable to secure under previous law except in the case f a few small companies. The days f "no case to answer" submissions for high-profile corporate manslaughter cases are gone. Juries will convict, judges will impose significantly higher fines, and courts will be able to make a "publicity order" forcing guilty employers to publicise their offence and the penalty. The other main dThe other main difference is that, from now on, almost every workplace fatality will lead to a corporate manslaughter investigation by the police and the Health and Safety Executive (HSE). Probably only a handful will result in a prosecution, but employers will face years f uncertainty and intrusive investigation focusing on the actions f senior management. So it's vital organisations have clear reporting lines and that managers have defined roles and responsibilities. The HSE recommends appointing a board-level health and safety director. Businesses should have up-to-date organisational charts and ensure job profiles and remits actually reflect the roles carried out. These should be reviewed after restructuring, acquisitions or disposals to ensure clear lines remain intact or have been created to cover all operations. If these kinds f details are absent, this will no doubt be drawn to the jury's attention by the prosecution. A corporate manslaughter investigation will also look for a "safety culture" in organisations. Employers should be able to show they have robust safety management systems that are reviewed regularly, and staff trained in the most relevant and up-to-date health and safety procedures. There should also be an open attitude to the raising f concerns. A clear whistle-blowing policy would demonstrate a transparent safety culture. Staff should be aware f the policy, those handling disclosures should be trained appropriately, and employee and manager health and safety training recorded on file. Even with exemplary policies, a corporate manslaughter criminal investigation will involve police scrutiny over a long period, possibly including arrest and interviews under caution. Staff may need support, legal representation, counselling