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Acting on corporate manslaughter legislation
A year since the Corporate Manslaughter Act came into force, one of the BHA's Patron Suppliers is warning that many businesses could still be leaving themselves open to prosecution.
Glazing repair, replacement and refurbishment specialist Solaglas Windowcare provides surveys and reports to enable businesses in the hospitality sector to comply with current legislation.
In 2007 the Corporate Manslaughter and Homicide Act 2007 was brought in to make it easier to bring companies to justice over the death of employees.
The Act states that an organisation is guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a duty of care to the person who died. In fact, it would be a substantial part of the breach in the way activities were organised by the company's senior management. In English law duty of care states that harm must be a 'reasonably foreseeable' result of the defendant's conduct.
So, what can a member do to comply with the law and guard against falling foul of the legislation?
MD Ian Davy says that glazing and doors are areas of property that can sometimes be seen as having a lower priority in the maintenance routine.
"These are areas that present major risks to employees, especially in the case of tilt and turn windows and the restrictors that are often bypassed, presenting danger to employees.
"It is extremely important that members always use a recognised company with a track record in providing auditable and professional maintenance services. By not having a preventative maintenance program you could be putting lives at risk."
Solaglas Windowcare is offering BHA members which operate hotel groups a free condition and inspection survey of some 25 rooms at one location.
More information and advice can be found in the members' only area of the BHA website. Please visit www.bha.org.uk and login to access this information.
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