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Posted By David Marsh
How will the new offence of corporate killing encourage all companies to put health and safety in the same league as productivity.
It seems to me that only smallish sized companies would be found guilty beacause of their basic hierarchic structure.
Larger companies can hide behind their own built in haze of indirect responsability and so guide direct responsibility away from an individual.
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Posted By Alan Haynes
Someone has to start the discussion going - so playing 'Devils Advocate' - here goes
In my 'model' for company responsibilty for corporate killing - the company and not any individual is found guilty of the offence. Thus removing the need to find any person negigent. The 'penalty' on conviction would be a 'significantly large' fine - [hitting the owners/shareholders]. In addition the Finance Director and Chief Exec/Chairman would spend 1 month in jail.
This approach has several 'merits'
- the risk of a fine [say - 10% of annual turnover] will hopefully ensure shareholder/owner interest in safety.
- locking up the Chairman/Chief Exec will give the victims relatives some small feeling of a 'punishment' being applied
- and the threat to Finance Directors will ensure they make the cash available for safety in the day-to-day running of the business.
I wait to to see others views on the subject
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Posted By David A Jones
Alan,
Like your model - it should certainly help focus the mind in some companies.
Unfortunately as with all things some people will still ignore the problem, but at least they would be penalised for 'corporporate killing'
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Posted By Phil Grace
I have a few doubts about the whole issue of the proposed corporate killing legislation.
Leaving aside the question of "vengeance" do we have any reliable information or statistics that demonstrate that a prosecution will improve health and safety/risk management?
Do we think that firms fear a prosecution and so manage risk?
Would the possibility of a substantial fine drive a firm to manage risk?
Would the possibility of one month in prison make a director sit up and take notice?
I'm of the opinion that for many firms the answer would be no to all of the above. At the current level of workplace deaths, allowing for some where it would not be possible to prove corporate killing, the number of prosecutions could be relatively small.
I'm guessing that many businessmen, especially in small firms will adopt the "it won't happen to me mentality". So no deterrent effect then...!
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Posted By Jim Walker
It will never reach the statute books.
The Ministers and "Sir Humphries" have realised they might end up in the dock and that will never do.
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Posted By Mark B
i also doubt if this legislation would have an effect on improving health & safety/ risk management standards.
i also doubt if many MP's will want to jail an MD or company leader who's company has made a substantial donation to there parties coffers. maybe this is one of the reasons this legislation has been stalled so many times in the past?
any thoughts?
regards,
Mark
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