Businesses have voiced their concerns over their potential liability to employees under the Corporate Manslaughter Act in Ireland during the Covid-19 pandemic. The Act makes businesses accountable for gross health and safety failings that result in death.

We normally see this in areas such as construction, but Covid-19 has brought a new dimension to this legislation.

Essentially the query is: can an employer be held liable where an employee dies as a result of Covid-19 contracted at work or through work? While this has not been tested in the courts yet, simply put, yes it is possible. However, an employer would have to be GROSSLY negligent.

How can employers mitigate this potential risk? Make sure that your health and safety documentation is up to date. Undertake risk assessments and method statements and be realistic about what you really need an employee to do.

If you would like assistance in ensuring that you are undertaking meaningful health and safety reviews and creating appropriate documentation please call us on 01 8774608 or email [email protected]