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Corporate Manslaughter and Corporate Homicide Act 2007

Corporate Manslaughter and Corporate Homicide Act 2007. John Johnston www.healthandsafetytips.co.uk. Health and Safety Law. Health and safety law states that organisations must: provide a written health and safety policy (if they employ five or more people);

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Corporate Manslaughter and Corporate Homicide Act 2007

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  1. Corporate Manslaughter and Corporate Homicide Act 2007 John Johnston www.healthandsafetytips.co.uk

  2. Health and Safety Law • Health and safety law states that organisations must: • provide a written health and safety policy (if they employ five or more people); • assess risks to employees, customers, partners and any other people who could be affected by their activities; • arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures; • ensure they have access to competent health and safety advice; • consult employees about their risks at work and current preventive and protective measures. There is no such thing as a 'stupid' or 'daft' health and safety question!

  3. Health and Safety Law • Individual prosecutions currently in force under The Health and Safety at Work etc Act 1974 (HSWA) • S.37 HSWA for Directors/Managers, S.7 HSWA for Employees. • Possible prison sentence for individuals on some H&S offences. • Health and Safety (Offences) Act 2008 - in force Jan 2009 • Current maxima: • £5k or £20k for summary offence in lower courts, depending on offence; unlimited fine for indictable offence; • imprisonment not available for most offences (but up to 6 months in magistrates court / 2 years in Crown Court for few offences e.g, failing to comply with a prohibition notice or breaching a licensing requirement). • New maxima: • £20k fines in lower courts for nearly all summary offences, unlimited fines in higher courts. • Imprisonment for nearly all offences – up to 12 months in Magistrates Courts and 2 years in the Crown Court. There is no such thing as a 'stupid' or 'daft' health and safety question!

  4. Corporate Manslaughter and Corporate Homicide Act 2007 • Introduces new manslaughter offence for organisations. • In force since 6 April 2008. • The offence – • “Section 1(1): an organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised – • (a) causes a person’s death, and • (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.” There is no such thing as a 'stupid' or 'daft' health and safety question!

  5. What are the Penalties? • Unlimited fine • Publicity order • Remedial order • Fines are expected to be: • 5 to 10% of turnover (Transco £15m = less than 1% of turnover). • 2.5% of turnover for offences that come under the HSWA. • Possible equity fines. • Individual prosecutions will still remain under the HSWA • S.37 HSWA for Directors/Managers, S.7 HSWA for Employees. • Possible prison sentence for individuals. There is no such thing as a 'stupid' or 'daft' health and safety question!

  6. Case Study 1 - Reliance Scrap Metal Merchants • A Dorset scrap-metal company was fined and its director imprisoned following the death of an employee after a gas cylinder exploded – the circumstances of which the director tried to cover up. • The scrap-metal company was found guilty of various breaches of the HSWA and was fined £60,000. • Director, David Matthews changed his plea in the witness box from not guilty to guilty in relation to breaching two counts of: • S.37 of HSWA, with respect to the failure to discharge a duty of the HSWA. • Matthews was fined £1,000 and sent to prison for three years for perverting the course of justice by trying to cover up the circumstances of the incident. • Costs will be determined at a hearing on 20 October 2008 at Winchester Crown Court, in which the fine awarded against the company may be reduced. There is no such thing as a 'stupid' or 'daft' health and safety question!

  7. Case Study 2 – Tebay Rail Incident • On Sunday 15 February 2004 a runaway engineering trailer struck a group of railway workers on the West Coast Main Line at Tebay in Cumbria. Four men were killed and three others were injured. • On 17 March 2006 Mr Roy Kennett was found guilty of four counts of manslaughter and a charge under section 7 of the HSWA. • Mr Mark Connelly was found guilty of four counts of manslaughter and three HSWA charges. • Mr Kennett received a two-year custodial sentence, and Mr Connelly received a nine-year custodial sentence. There is no such thing as a 'stupid' or 'daft' health and safety question!

  8. HSfB found guilty H&S firm first to be charged under corporate killing legislation. Options for HSfB? INDG417 OR There is no such thing as a 'stupid' or 'daft' health and safety question!

  9. HSfB GUILTY HSfB GUILTY HSfB GUILTY There is no such thing as a 'stupid' or 'daft' health and safety question!

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