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Posted By richard1
Hi,
I am trying to get my head around the subject of corporate manslaughter.... could someome kindly let me know the reason why coporate manslaughter is required... who will be affected by the legislation..... and when is it due to come into force?
I have looked on the net for guidance on this topic, but i am having difficulty sorting the meaningful detail from it.
Cheers alot
Richard
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Posted By Andy Brazier Corporate Manslaughter (in Scotland it will be Corporate Homicide) will apply to companies and other organisations. The difference is that it does not apply to people, and so it will not be necessary to identify an individual who is responsible for the fatality. Obviously a company cannot be sent to jail. Penalties will instead be unlimited fines, publicity orders (the company may have to advertise the fact that they have a conviction) and remedial measures. You may find the following interesting http://andybrazier.blogs...nslaughter-homicide.html
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Posted By Raymond Rapp
Where have you been for the last tens years?
CM comes into force April o8, its purpose is to hold organisations (private and public) accountable for safety offences that cause death(s). Unlimited fine plus other sanction are available, but no individual liability, hence no custodial sentence.
If you want more info email me direct as I have a paper on work-related deaths (6,000 words) if you're that interested.
Ray
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Posted By Ron Hunter
Richard, are you perhaps alluding to a comparison of the sanctions that are (and always were) available within the Health & Safety at Work Act, the corporate homicide/manslaughter legislation having been enacted in a form so far removed from its original intent to have become a superfluous duplication?
(A slightly provocative posting which may spark some further discussion!)
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Posted By richard1
Hi Ron
I see where your coming from, I agree there are similarities in current safety law.... I do hope it provides the opportunity for further discussion. I am very interested to see the future this peice of legislation offers towards effective enforcement. From a selfish point of view, do you see career potential in terms of demand for safety professionals being sought by businesses to support thier diligence protection and that of thier employees??
Cheers
Richard
Cheers
Richard
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Posted By Ron Hunter
I don't know that this particular piece of legislation will help to proactively raise the bar.
What chance a new (enforced) law making it compulsory for all companies and public bodies to publish an annual report of health and safety performance with indication of year-on-year improvement?
Maybe that would encourage more proactive engagement with the H&S profession AND give the media something 'proper' to focus on around corporate and social responsibility issues?
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Posted By Phil Grace
Picking up on Andy's response where he said (I paraphrase) that under Corporate Manslaughter it will not be necessary to prove that a person was responsible (for the death). Not sure that is quite correct.
Under (existing) Manslaughter it is necessary to successfully prosecute an individual before the company can be found guilty.
Under (new) Corporate Manslaughter it will be necessary to identify a "senior manager" who has committed an act (or made an omission) that was responsible for the death. The act/omission will also have to be be major, to be gross - this is the senior management act that establishes the company's guilt.
Hope that clarifies matters.
Phil
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Posted By Steve Cartwright
Basically it was very difficult to pin the blame on one particular director if there was more than one, i.e. board of directors in place. The Corporate Manslaughter Act has now made it easier for a company to be prosecuted.
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