Employers' health & safety obligations increase

Corporate Manslaughter is back in the headlines as the first ever case heard in the UK returns to court for a final decision in October.

Adjourned temporarily due to the defendant’s ill health, the outcome of the first trial under the Corporate Manslaughter and Corporate Homicide Act 2007 could affect how workplace fatalities are handled in the future says Moore Blatch managing partner and regulatory expert, David Thompson.

“The eagerly awaited outcome will affect a wide range of industries and is likely to bring home to a lot of businesses the need to step up health and safety measures,” he said.

The freight industry is more than aware of the importance of health and safety regulations and the potential repercussions if these are not adhered to.

Employers have always been liable to prosecution for offences where failure in their systems of work has led to injury or death. However, the new legislation means that businesses could now be found guilty of corporate manslaughter leading to much higher fines, as well as publicity orders.

As Corporate Manslaughter requires a gross breach of duty at a senior level, the fines imposed will normally be much more than a fine under the health & safety legislation where someone had died.  The sentencing recommendations indicate a starting point of half a million to a million pounds in appropriate cases.

An organisation found guilty could also be expected to pay the costs of the prosecution and will be subject to a publicity order, requiring the company to publicise the conviction, particulars of the offence, the fine and the terms of any remedial order.

So exactly how can companies protect themselves against potential actions and ensure the safety of their employees? David Thompson uses the freight industry to detail instances where a haulage company could be at risk of potential action under the new legislation:

• An abnormal load is being transported, but is not properly restrained and becomes detached from the trailer causing a fatality
• Drivers continually break the drivers hours regulations which results in a driver falling asleep and causing a death, and where the company has failed to analyse the tachographs and take disciplinary action
• Roadworthiness of vehicles has deteriorated due to cut backs in maintenance expenditure
• Unsafe system of work in the yard when loading and unloading and the movement of vehicles where they interface with workers.

David comments: “Directors and senior managers of companies can no longer afford to turn a blind eye to persistent failures in procedure and unsafe working practices.

“They have an obligation to control and prevent unsatisfactory conduct which could result in a death. If they do not adhere to their duty and the unfortunate occurs, the company will be subject to a corporate manslaughter investigation,” he concluded.

Where an action is bought under the new legislation, the prosecution will have to show that there has been a gross breach of the organisation’s duty of care. This normally requires the conduct of the offending company to have fallen below what would be reasonably expected.

A member of the Health & Safety Lawyers' Association, David Thompson has extensive expertise in this field and is annually recognised for his work by independent directories such as Legal 500 and Chambers UK.

David is supported by a team of regulatory experts who represent individuals, companies, directors and senior managers charged with offences under the Health & Safety at Work Act 1974 and other Health & Safety Regulations.