Conviction under the former legal framework proved almost impossible, as a company could only be convicted if the “directing mind” or senior individual could be identified as found guilty for gross failings leading to the death, says Aon.

“Now, prosecutions are likely to prove more successful, as the court can consider the wider corporate picture by looking collectively at the actions of senior management.”

Aon’s construction team director, Tom Wylie, says: “The good news is that the accident rate on Major Contractors Group sites has fallen by 45% over the past seven years but companies cannot afford to be complacent. They must regularly review and monitor their health and safety procedures to overcome potential problems in the future, including the impact of prosecution under the Corporate Manslaughter Act. If a construction company can demonstrate that procedures were in place and correctly monitored, this could decrease the likelihood of prosecution and mitigate the potential for employers’ liability claims.”

Construction sites should have a health and safety rep to ensure that the appropriate procedures are in place and invoked for all the parties who may access the site, says Aon.

These include induction for staff, subcontractors and visitors; robust subcontractor management and procurement processes, with health and safety records being a major criteria for selection (on the flip side, some subcontractors may refuse to work for an employer who has badly managed sites); proactive and visible health and safety managers; and visible signage, in appropriate languages, for those working on the site or passing through.