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Evans38004  
#1 Posted : 30 April 2014 11:02:06(UTC)
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Evans38004

Can a director be prosecuted for a breach of this, & other legislation if the director has retired from the company?
PIKEMAN  
#2 Posted : 30 April 2014 11:09:13(UTC)
Rank: Super forum user
PIKEMAN

I would say no, because CM is about Organisations rather than individuals. As regards other H&S regs, being retired would not stop you being prosecuted, IMHO.
A Kurdziel  
#3 Posted : 30 April 2014 11:47:07(UTC)
Rank: Super forum user
A Kurdziel

There is no statute of limitation in the UK and if you are personally found responsible (as said not corporate manslaughter) for a criminal office they can pursue you to your grave.
Evans38004  
#4 Posted : 30 April 2014 11:53:03(UTC)
Rank: Forum user
Evans38004

Thanks A Kurdziel

How many retired directors have ever been personally prosecuted for H&S failings?

Are there case-laws out there to prove your point?

I've been to a case where the MD of a site had been promoted back to the USA & the new MD had to stand in court to get a rollicking - the latter was a great guy who cared about H&S & did implement the right systems.
A Kurdziel  
#5 Posted : 30 April 2014 12:49:30(UTC)
Rank: Super forum user
A Kurdziel

Evans38004 wrote:
Thanks A Kurdziel

How many retired directors have ever been personally prosecuted for H&S failings?

Are there case-laws out there to prove your point?

I've been to a case where the MD of a site had been promoted back to the USA & the new MD had to stand in court to get a rollicking - the latter was a great guy who cared about H&S & did implement the right systems.

None I suspect. I was just saying what the law is who gets prosecuted is a matter of policy down to the HSE and CPS.
In the case mentioned it seems that the new MD was being treated as the 'controlling mind' of the company . it's form of vicarious liability I suppose
peter gotch  
#6 Posted : 30 April 2014 13:51:36(UTC)
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peter gotch

Evans

Retired director could be prosecuted by virtue of S37 of the HSWA 1974, or for personal manslaughter.
bob youel  
#7 Posted : 01 May 2014 07:14:31(UTC)
Rank: Super forum user
bob youel

1 retired director rang me for help >6 months after he left the business when he had 2 [reference removed] sitting in his lounge!
Evans38004  
#8 Posted : 01 May 2014 08:40:59(UTC)
Rank: Forum user
Evans38004

Bob,

Did they prosecute? or back down?

DavidMcGuire  
#9 Posted : 02 May 2014 12:00:39(UTC)
Rank: Forum user
DavidMcGuire

There is no individual liability under the Corporate Manslaughter and Corporate Homicide Act 2007. Which means individuals cannot be prosecuted for corporate manslaughter.

Individuals remain liable under the common law offence gross negligence manslaughter, which hinges of foreseeability and proximity.

S37 of the 1974 Act does not create a specific offence, it extends a form of secondary liability,

Section 37 (1) states that where an offence under any of the relevant Statutory Provisions committed by a body corporate is proved to have been committed with the consent, connivance of, or to have been attributed to any neglect on the part of any Director, Manager, Secretary, or other similar Officer, of the body corporate, or a person who was purporting to act in any such capacity, they as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

I have just completed a masters of law degree in health, safety and environmental law, and my dissertation topic was on corporate manslaughter, if anyone would like a copy so they can understand area of law better, then send me a PM.

Thanks

Dave
bob youel  
#10 Posted : 02 May 2014 13:58:21(UTC)
Rank: Super forum user
bob youel

Evans

the visit was part of an ongoing investigation which turned out positive for the retired director but it could have gone the other way
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