This Act will come into force across the UK on 6 April 2008. It creates a new offence where there is evidence of a gross failure in the way in which an organisation's activities were managed or organised, and which resulted in a person's death.
The legislation applies to a broad spectrum of organisations across both the public and private sectors.
It will be for juries to assess how the fatal activity was managed or organised throughout the organisation, including any systems and processes for managing safety and how these were operated in practice.
A substantial part of the failure must have been at a senior level, by which is meant failure by people who make significant decisions about the organisation or a substantial part of it.
Prior to the implementation of the new law employers should satisfy themselves that their systems and processes for managing health and safety of employees are adequate. The Ministry of Justice has recently published guidance for employers to assist them in understanding the Act. This guidance is available here