CORPORATE KILLING LAW PROMISED
Plans for a new offence of corporate manslaughter are to be published by the government. Home Office Minister, Lord Falconer, is expected to confirm the move on Tuesday, which would make it easier for company bosses to be prosecuted for deaths caused by gross negligence.

Under the plans, the offence of corporate manslaughter will be introduced so a firm which fails to ensure the safety of its staff and the public could be held liable.

The move would honour Labour's 1997 manifesto pledge and make it easier for prosecutions against companies. It had been expected the plans would be added to the Criminal Justice Bill, which is in its later stages in the Commons. But Home Secretary David Blunkett has now said he will publish a separate draft bill on the issue of corporate manslaughter, and will not reveal any timetable for the change.

Replying to a question from Labour MP Andrew Dismore, he told MPs: "It is right to have extensive discussions about the issues around corporate manslaughter. "We believe it is right and proper to listen to the strongly held views on all sides, including those affected ... and we will do that as soon as possible".

He unveiled the decision as his plans to limit trial by jury narrowly passed a first key vote.  Mr Blunkett said he was giving no assurances about how such corporate killing cases would be tried. Under current law a company can only be convicted of corporate manslaughter if someone, identified as the "controlling mind" of the company, can be shown to be guilty of manslaughter. The company can escape liability if a more junior member of staff is responsible for safety - as they are clearly not a "controlling mind". This is one of the reasons why the more successful cases have been brought against smaller companies.

Mr Dismore said he was confident the bill would become law. He said: "Unless individual directors are under personal obligations they will never take safety as seriously as they do the need to make profits." 

Relatives of people who have died at work presented a petition to Downing Street last month asking for a law change.  The Paddington train crash in 1999 in which 31 people died was among the tragedies prompting further calls for this new legislation. But the concern goes much wider than such well-publicised cases with many deaths. Ahead of the announcement, Labour MP Tony Lloyd told the Guardian newspaper: "Last year more than 600 people were killed in Britain

as a result of workplace accidents. "We know that most of these are down to serious negligence. "We have to concentrate the minds of the worst employers that when they kill people they ought to go to prison."


DANGEROUS DRIVING
The Lord Chief Justice has issued new sentencing guidelines on causing death by dangerous driving, including using a mobile phone whilst driving. He says, the only appropriate sentence would be imprisonment.


new bill for company directors
The Company Director’s (Health & Safety) Bill will have its second reading shortly.  If passed as seems likely, the new Bill will place responsibility upon the Board to appoint a Health & Safety Director.

The Bill should not be seen as “A Go To Jail Card” as such legislation is a positive move towards better safety in the workplace, which may translate in to lower absenteeism, higher staff morale and greater profitability.


WINTER & COMPANY HEALTH & SAFETY TRAINING COURSES
Training courses are provided on these topics:-

  • Office Health & Safety

  • Warehouse Health & Safety

  • Manual Handling

  • Display Screen Equipment

  • Fire Health & Safety

  • Food Hygiene Health & Safety

  • Director & Senior Manager Awareness

  • Stress In The Workplace

For your convenience all training sessions are delivered at client's on-site locations. Training fees start from as little as £47 per person (conditions may apply).

For further information or to book a training course, email us at training@health-safety.net or call Eve Horgan Free on 0800 169 1554

For information on health & safety matters in your office, including “questions & answers”, see our web site at www.health-safety.net.