The
Health and Safety at Work Act 1974 (HSW Act) does in fact apply to the
MoD, its agencies and the armed forces within Great Britain. However,
the Secretary of State for Defence can claim exemption on behalf of the
armed forces from some requirements in the interests of national
security, though in practice this is rarely exercised.
The MoD says individuals in the armed forces are still liable for
their own culpable negligence and argues there is a real fear among
military commanders that removal of Crown immunity will progressively
lead to the development of “a systemic culture of risk aversion in
respect of carrying out military training”. Furthermore, the MoD says it
learns lessons from accidents and continually strives to improve health
and safety performance.
But critics believe Crown immunity is preventing defence officials
from being properly held to account for its poor health and safety
record. A 2015 report, ‘MOD Health and Safety Statistics: Annual Summary
& Trends Over Time 2010/11 – 2014/15’ states: “During 2014/15 there
were 18 work related deaths. Of these two were a result of a failure in
health and safety and seven are currently awaiting the outcome of an
investigation”.
A detailed report by MPs, published early last year, concluded that
the MoD should be liable for corporate manslaughter charges when there
is a serious failing in its duty of care. “The lives of serving
personnel are worth no less than those of civilians and those
responsible for their deaths must be equally liable under the law,” the
committee said.
Between 1 January 2000 and 20 February 2016, 135 armed forces
personnel died in non-combat incidents, mainly on training exercises.
During that period 11 “crown censures” were recorded, the maximum
sanction possible that can be issued to the MoD by the Health and Safety
Executive, the body charged with overseeing workplace safety.