Posted By srd
A hypothetical case:

A group of companies have one health and safety manager over the whole group.

When he retires the role is split up, with one H&S officer for each of the main companies within the group.

However there are one or two smaller companies within the group with no dedicated H&S person, and a H&S officer from one of the larger companies is asked to 'look after them'.

What are the implications now that the Corporate Manslaughter act is in place if there is a death at one of the smaller companies being 'looked after'? - could the directors at the larger company be liable?

Steve.

Posted By srd
Thanks Ken,

In that case could the larger company be responsible if their H&S officer badly advised (or omitted to advise) the smaller company?

Steve.

Posted By srd
Sorry all, I've complicated matters by referring to the Corporate Manslaughter Act.

What I really meant to ask was if the larger company could be responsible for an accident at the smaller company due to the advice given (or not given) by the larger companies H&S officer to management of the smaller company?

Steve.

Posted By Ken Dickson
SRD,

I think you may be unsure if you are asking about civil liability or criminal responsibility. Whether either or both would transfer to the parent company would depend on the legal relationship between the two, and what formal business arrangements are established.

The short answer is, if something goes wrong, someone will be liable. You may distance yourself from a criminal prosecution, but it can be more difficult to distance yourself from civil proceedings.

Ken

Posted By Raymond Rapp
It would depend on the circumstances, policies of the company and the individual actions/advice. As has been suggested, there a number of different options that could be taken. Whether one person's advice would be taken in isolation (bearing in mind he is acting for the company) is also dependant on the circumstances.

With the CMA a parent company or a smaller division could be held criminally liable. It would depend on the gross negligence of the senior management involved. However, it is most likely that the liability will lay with the smaller company for a number of legal reasons.

Ray