Reducing risk of manslaughter conviction

One in two companies face stiff penalties under proposed Corporate Manslaughter Bill, according to Croner.

Over half of all UK companies are at risk of hefty fines under the impending Corporate Manslaughter and Corporate Homicide Act that will make it easier for organisations to be convicted of manslaughter from work-related deaths and injuries, according to new research by UK health and safety expert, Croner.

In a recent survey of employers, a staggering 51.4 per cent admitted to not being prepared for the legislation, which is expected to come into force this year, while 47.9 per cent also answered that they do not think it will affect them.

This lack of preparation stems in part from the length of time the Bill has been debated in Parliament, including recent proposed amendments and discussions with interested parties such as the Crown Prosecution Service and the CBI.

But with increasing public pressure in the wake of disasters such as Paddington, Hatfield and Potters Bar, and 21 July marked as the Bill's date of commencement, Croner is advising businesses to consider the law's implications now, and take steps to review and implement progressive health and safety policies.

Under current law, an organisation can only be convicted of manslaughter where a management failure can be identified, which is problematic in large companies where management structures are more complex and responsibilities divided.

Successful prosecutions have therefore been rare, highlighted by the failure to convict companies involved in high profile disasters such as the sinking of the Herald of Free Enterprise and the Piper Alpha Oil Platform catastrophe in which 167 people died.

The Government's proposal seeks to remedy this, and will make large businesses liable to conviction where there is a work-related death or injury stemming from management failure - a situation that can be attributed to any senior member of staff's neglect or consent, rendering the organisation open to huge fines.

In a wider view of reforms in relation to work related deaths, consideration is being given to new offences of killing by recklessness and killing by gross carelessness carrying terms of imprisonment.

Stuart Mutch, field operations manager with Croner, said: "The complexity of current law has allowed companies with severe safety management failures to escape prosecution in manslaughter cases.

"In light of the new proposals, organisations that are not meeting current health and safety standards need to start reviewing structures and policies now, rather than later.

"Companies that are already complying with current standards, such as regulations on slips and trips and working at height, have no need to panic.

"But Croner is advising them to see this as an opportunity to go one step further and implement positive health and safety cultures.

"Stuart continues: "Health and safety is the responsibility of the organisation as a whole, starting from senior management, and should be made as much of a priority as making a profit and service or product.

"Relevant policies and procedures need to be communicated throughout the organisation regularly - not just pinned to the notice board.

"This can take the form of promoting health and safety committees internally to establish a real health and safety culture.

"Ultimately, businesses need to see this proposal as an incentive to implement some positive changes as a 'living' safety culture has many benefits on top of protecting employers from significant fines or imprisonment.

"It helps build the company's reputation as a considerate, ethical employer, will reduce absence and sickness costs through a decrease in work-related injuries and illnesses and will also improve staff morale by ensuring employees know their well-being is being taken into account".

Croner is offering businesses the following advice to creating a positive safety culture in preparation for the impending Corporate Manslaughter and Corporate Homicide Bill: * Review and ensure compliance with systems and procedures to manage operations safely.

* Actively involve senior managers to act as motivators for all levels of management (by maintaining their interest through participation) and for employees (by demonstrating management's commitment to their well-being).

* Allocate health and safety responsibilities to all levels of staff to create a sense of ownership regarding the companies overall health and safety standards.

* Assist the appointed health and safety director of the company board to ensure health and safety policies reflect Board priorities and health and safety failures and outcomes are communicated.

* Implement regular health and safety training.

* Encourage communication between all levels in spoken, written and visible pathways.

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