Corporate Manslaughter
and Corporate Homicide Act 2007
How CSM help you fulfill your responsibilities
On 6th April 2008 the Corporate Manslaughter and Corporate Homicide Act came into place across the UK.
The Act has been brought into place to convict an organisation where a gross failure in the way activities were managed or organised results in a person’s death. This applies to both Private and Public sector organisations. In England, Wales & Northern Ireland, the offence is called Corporate Manslaughter; in Scotland it is called Corporate Homicide.
Understanding of this offence
Any organisation that is found guilty due to the way in which its activities managed or organised causes death, therefore amounts to a gross breach of a duty of care to the deceased.
Juries will consider how a fatal accident occurred and then examine any systems or processes for managing safety, and how these were operated by the organisation.
Duty of Care
A duty of care exists for the systems of work, area of work or premises, and equipment used by employees in relation to products or services offered to clients or customers.
How can this affect an organisation that outsources a Security service?
Anyone working as a Security operative for a contracted company must be fully trained to deal with all aspects of their job. Although it goes without saying that all Security operatives should hold a valid SIA Licence for their particular role, and that in order to obtain this licence that individual will have received training, it does not mean they have had full training for all aspects of their role. For example, if a Security guard is expected to restrain an individual for any reason they should have completed Physical Intervention training. This is now a part of the SIA Door Supervision course; however it only became part of this course in August 2010. This means that any Licence holder who received their training prior to this will not have completed the Physical Intervention part of training.
Example 1:
If a Retail Security officer challenges a shop lifter who then attacks them, that officer may need to restrain the individual until such times as the Police arrive on site. What if in order to restrain the individual the officer sits on, or puts their weight onto the individual while they are lying on the floor? This has happened in the past and the officer who thought the shoplifter had given up struggling, had actually suffocated the individual causing death. In this situation both the store and the Security Company who employed the officer were charge with Corporate Manslaughter as the officer in question had not received the correct training. At CSM we have our own qualified trainer who can give any such additional training as staff need.
Example 2:
An individual comes into a shop threatening the member of staff who works at the cashier point with a weapon. They make it clear they will not leave without the money in the store, and the member of staff gives the individual money so they will leave. The member of staff has carried out the correct procedure and not risked their own safety. However if this was not an isolated incident and the retailer who owned the store chose not to provide a Security guard, what would happen if the next time their member of staff was attacked and fatally injured? This would no doubt result in the charge of Corporate Manslaughter or Corporate Homicide. In the eyes of the Health & Safety Executive the retailer has more of a duty to protect their staff than their premises or products. This is something that most people do not consider when bringing in a Security guard, they usually only think of the cost in comparison to the financial loss.
These are just two examples of how an organisation could fall foul of the Corporate Manslaughter & Corporate Homicide Act. Whereas an organisation that has ensured they have a competent Security company with fully trained staff, will be safe in the knowledge they have done all they can not only to protect their premises from crime, but more importantly provide their staff with a safe working environment.
With CSM you will be safe in the knowledge that your staff, customers & goods are in safe hands.
To speak to one of our company representatives with no obligation, or even just to get better advice on your existing security measures please call us on 0845 430 8659
TO DISCUSS THESE SERVICES FURTHER PLEASE CONTACT US BY CLICKING HERE OR CALL 0845 430 8659
In CSM, you get a company you can trust to get the job done, without fuss, week in, week out. If you would like any more information, call us, without obligation, on 0845 430 8659. Alternatively, email info@csmfacilities.co.uk.