A Simple Outline.

An organisation to which the Act applies is committing a crime if the way in which its activities are managed or organised causes a person’s death, and amounts to a gross breach of a relevant ‘duty of care’ owed by the organisation to the dead person.

A duty of care means any of the following duties owed by it under the law of negligence—

  1. a duty owed to its employees or to other people working for the organisation or performing services for it;
  2. a duty owed as an occupier of premises;
  3. a duty owed in connection with—
    1. the supply by the organisation of goods or services for
    2. the carrying on by the organisation of any construction or maintenance operations,
    3. the carrying on by the organisation of any other activity on a commercial basis, or
    4. the use or keeping by the organisation of any plant, vehicle or other thing

A breach of a duty of care by an organisation is a “gross” breach if the conduct falls far below what can reasonably be expected of the organisation in the circumstances.

An organisation is guilty of an offence under the Act only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach of the duty of care.

“Senior management”, in relation to an organisation, means the people who manage the organisation and make decisions.

The organisations to which the new laws apply are corporations (companies), police forces and partnerships that are also employers.

If you would like further information about this act please contact Drive & Survive for a free consultation.