1	S T H E L E N S C H A M B E R H E A L T H A N D S A F E T Y F O R U M CORPORATE MANSLAUGHTER BILL & LEGISLATION UPDATE Presented By: David Skews LLB MIOSH 4^th December 2006
2	"Health & Safety" Health & Safety Why Bother? What will you take away TODAY?
3	Understanding the Law Common Law of Negligence – A duty Criminal Law - Prison or Fine Civil Law - Damages Statute Law – An Act of Parliament Regulations – Must obey ACOP’s. Guidance. - Should obey. If not why not?
4	Understanding Government Moods Lord Hunt Minister for health and safety “businesses that fail to comply with the law will feel the heat …Safeguarding the welfare of workers is not just morally right. … Managing health and safety risks also looks after the bottom line”
5	Tim Boswell MP, added: Tim Boswell- “killing your workforce and having a high level of accidents you are damaging your productivity and your reputation. It’s a very bad business for business, and not good for the people involved either”
6	Violence at Work New Guidance in 2002 4 Stage plan Assess if there is a problem (forecourt attendants) Decide what is the best action Take Action Monitor progress
7	Shocking but True……What right have we got? Work-related Accidents and Illness costs Employers between £3.5 and £7.3 billion a year, that’s 4% - 8% of all gross company trading profits Personal Injury Claims against employers exceed £0.8 billion and continue to increase at over 10% per year Statistics for 2004-5 show the number of days lost now estimated at 40 million (18 million in 1995) A company was fined a total of £45,000 plus costs for not carrying out risk assessments that resulted in a near fatal accident
8	Significant Issues – “Do not be ignorant of these things” Three Key Issues: Know – Corporate Manslaughter & The Law of Health and Safety Understand - HSC Revitalisation Strategy the Activity Apply – Directors, Trustees and Senior Managers Duties
9	The Corporate Liability & Homicide Bill In 1997 – Labour promises the Bill – by Dec 2007 the Bill reaches the 2^nd reading and moves on to the Committee stage – Now the real debate starts Critism – no teeth and no imprisonment for individual Directors Don’t hold you breath…….
10	Proposed New Offences & Penalties Corporate Killing Results in: Fines (% of Profits) Remedial Orders (bonuses – shares etc.) Potential Disqualification of Directors (now gone) Applies when: Conduct falls far below what could be reasonably expected Risk need not be obvious or the defendant capable of appreciating it Caused by management failure Even if act or omission of an individual.
11	Proposed New Offences and Penalties Corporate Offences Some contribution to Corporate Killing - DISQUALIFICATION (Withdrawn but may come back) Significant contribution to Corporate Killing - IMPRISONMENT Criminal Offences Reckless Killing (Causes Death, Aware of Risks, Acts Unreasonably) - LIFE IMPRISONMENT Killing by Gross Carelessness - 10 YEARS IMPRISONMENT (expect 3-5 years).
12	Reckless Killing & Killing By Gross Carelessness Reckless Killing - Maximum Penalty of LIFE IMPRISONMENT Committed if: “The Conduct of Director(s) causes death and they knew the risk and that their conduct could cause death or serious injury and it is unreasonable to take this risk in the circumstances. Gross Carelessness - Maximum Penalty of 10 YEARS IMPRISONMENT Committed if: “The Director(s) Conduct Causes Death and the Risk would be Obvious to a Reasonable Person and the Director was Capable of Appreciating the Risk at the Time but Failed to do so”
13	Corporate (the organisation) Killing Enforceable against a Director, Trustee or other officer If an individual had some influence on, or responsibility for the management failure falling far below what could reasonably be expected, to have caused a death, that person should be disqualified from acting in any management role in any undertaking carrying on a business or activity in Great Britain. Once disqualified, an individual who contravenes the disqualification order is liable to imprisonment and/or unlimited fine.
14	Meaning of ‘Management Failure’ A Judge will Examine how activities are managed and organised Consider whether these activities have led to a failure to ensure the health and safety of persons employed on, or affected by those actions Such a failure may be regarded as a cause of a person’s death, notwithstanding that the immediate cause is the act or omission of an individual
15	Case Law Two Directors Convicted of Manslaughter Haulage Company Driver Fell Asleep at the Wheel: 7 Car Motorway Pile-up 2 Motorists Died Directors Convicted Failed to Regulate Drivers Hours Received Suspended Sentences Driver Imprisoned Awaiting Application to Appeal
16	HSC – Ten Year Strategy Falls from Height Workplace Transport Musculo-Skeletal Disorders Work Related Stress Construction Agriculture Health Services Slips & Trips.
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19	Directors' (Officers) Responsibilities for Health & Safety Increased responsibilities for all Directors/Officers Appointment of health & safety Director Monitor company’s health & safety performance Board priorities consistent with health & safety policy Immediate report of significant issues to other directors Health & safety implications of board decisions Probable introduction by end of 2006 or early 2007 Penalties £20,000 – 2 years imprisonment
20	Impact on the Organisation
21	Recommended Strategy – DO WHAT IS RIGHT! Impact culture with values Formally allocate HS&E responsibilities throughout the workplace Introduce procedures for: Communicating health and safety responsibilities Regular review of health and safety systems Investigating accidents. Establish recording systems for: Health and safety related training Risk assessments and consequential actions Premises inspections and checklists Shareholders’ annual health and safety report Carry out an annual health & safety audit.
22	Guidance from the HSE
23	The Next Steps: Set and agree the health and safety objectives Organise and train both managers and staff Motivate your people to achieve the objectives Measure progress (safety system / file) Reset objectives in consultation Keep the important things important .
24	"Thank You for Your Attention" Thank You for Your Attention “Remember the VALUES bit!”