Protect Yourself, Your Business And Your Employees From Corporate Manslaughter

Britain has one of the lowest rates of fatal occupational injuries in Europe, thanks in large part to the array of health and safety legislation that must be adhered to by all businesses. So although it sometimes seems like too much, and many people see conforming to these regulations as an unnecessary chore, it’s obvious that they are having a positive effect on the safety of workers.

The problem…

That said, in 2011 there were still a reported 171 people who died as a result of work related accidents, with many of these in the construction industry. Occupational ill health and injuries still have a massive impact on our economy, with a huge amount of working days lost every year to the 1.2 million people who suffer from an illness caused or made worse by their work.

The legislation…

As a result, the Government introduced a new set of criminal laws that will hold managers and company bosses personally liable for accidents at work. The introduction of:

Corporate Manslaughter – applicable to the company or organisation

Gross Negligence Manslaughter – applicable to the individual

Both place a Duty of Care on employers to manage and organise their activities responsibly, in line with all the relevant workplace health and safety legislation and the Health and Safety Executive’s (HSE) guidelines.

The risks…

Corporate Manslaughter and Gross Negligence are statutory offences, and an organisation and individual will be found guilty of an offence if they are found to have managed activities in a way that has caused a person’s death.

This means that the person responsible – an employee, manager or company director – will have a criminal conviction that could result in up to 2 years in prison, with increasingly hefty fines being imposed on the company by the courts.

Protect yourself and your employees…

The Institute of Directors (IOD) and the HSE have laid out clear guidelines to help protect your employees from the risk of injury, and to help protect you and your business from the risk of being prosecuted in a criminal court for gross negligence offences and Corporate Manslaughter.

The essential principles for businesses to follow include:

• Ensuring strong and active leadership – managers must ensure that they set the tone at the very top of the business structure, showing an active and positive commitment to enforcing health and safety procedures.
• Engaging your workforce – promote high health and safety standards and legal compliance within your workplace by ensuring adequate and accredited training.
• Assessment and review – health and safety risks must be properly identified, assessed and managed, relying on competent advice and legal guidelines. You must also report and review any risk assessments and steps you have taken.

Making sure that you conform to this guidance could be the most important thing you do to improve your health and safety. It will limit the risks your employees are exposed to, reducing downtime and work related sick days, and just as importantly, it will protect you and your company from criminal prosecution.

Our courses can assist you with compliance by ensuring that your staff are trained to competently and legally use your machinery and equipment. For more information, contact our fully trained and qualified team.