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Anonymous
- so what is the government's excuse for delaying this 10 minute bill? Its obvious to all those closely involved with H&S that if people think they can get away with things they will. If there is no enforcement there will always be companies who fail to comply. Its like showing people two pictures - one of a speed camera and one of a 30 mph sign and asking them which one has the most effect on them - the one where they think they may be caught out or the one with a legal message. Until the behaviour and ethic of companies and workers can be dragged into the 21st century we will always be faced with this problem!
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Anonymous
Now that we're in the 21st Century, (surely you can remember that one - we wasted all that money on the non-existent Millenium Bug and fireworks in London for the Prime Minister and HRH and the hangers-on), and we've moved from pitting Gladiators against Slaves, (or have we?), it's about time we did actually bite the bullet and introduce and sustain prosecution in the form of Corporate Manslaughter.
From personal experience, there are too many, (any is too many in my book), cowboys-in-pinstripes out there, who are more interested in ensuring that their pension funds are safe rather than their work force being safe.
'They' need to be dealt with the short, sharp, shock treatment and be made an example of. After all they're usually very keen to see work place discipline put into being.
Yes! The sooner the better.
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Anonymous
Legislation which would make directors of companies, found in breach of Health & Safety legislation, culpable for their actions\inactions is way overdue. Not until legislation forcing company directors to adopt a legal duty of care to ensure adequate Health and Safety resources are employed in the workplace will true responsibility be recognised by those who hold the ultimate sanction in the boardroom.
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Anonymous
I fully agree that H&S is directly controlled by the board members but the rules and regulations at the moment are so complex and vast, it is impossible for fully comply with them all. Therefore in the event of a fatal accident (and unfortunately, accidents can happen) it will always be possible to find a breach and prosecute. I am a Director of a small company, trying hard and investing thousands, to get H&S right. I am however aware that it will never be 100%. Training and education would be a better investment than prosecution and would save lives!
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Anonymous
I think if one has reached the stage where prosecution is imminent, they haven't really tried in the first place.
The HSE aren't the ogres we might think they are. They are there to help as much as to enforce.
Prosecution usually comes after a warning, such as an Improvement Notice and a Prohibition Notice.
If there is a GOOD H&S or Facilities Manager on site who is more than capable of implementing a Health and Safety Policy, all he needs then is reciprocal from higher Management to enable him to sustain it. Think of it as a Quality Programme. The product must be as good or better as the customer, (HSE), wishes to see.
Accidents do happen but they can be minimised or eliminated by carrying out Risk Assessment and producing Safe Working Procedures.
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Anonymous
The reality is that at the beginning of the 21st century, people in Britain are still dying from work related causes that could be reduced with the appropriate resources and political will.The law, is out dated and unhelpful. The case for a change in the law to enable prosecution for the offence of corporate killing is compelling. The key benefits would be accountability, which would properly represent the nature of criminal conduct, and therefore offer a sentence appropriate to the crime committed. Secondly the proposed offence should act as a powerful deterrent to help prevent needless deaths and injuries. A further benefit would be equality, in that it would end the unfair advantage that large corporations have over smaller ones in being able to escape prosecution.Custodial sentences, large fines and the suspension or disqualification of negligent employers who are found guilty of placing profit before the value of human life should all be considered, as existing penalties are not sufficient in reducing the deaths, serious injuries, and ill health caused in the workplace.
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Anonymous
A new law is unnecessary when existing legislation under the H&SW Act already provides for Directors and proprietors to be prospecuted personally for negligence and manslaughter. The Act provides a maximum penalty of four years imprisonment.
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Anonymous
Here we have another example of the leviathan that is modern government, rolling forward and crushing all in its path with another set of punitive restrictions that duplicate and reinforce the anti-business mentality found in our culture.
Government obviously regards wealth-producing business people as 'useful idiots' to be shackled and milked - this is entirely in line with the 'politics of envy' driving the demands for action against the 'fat-cats'.
These are ill-conceived laws that serve no useful purpose than to quell the agitation of the masses, now they are gorged on bread and circuses.
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Anonymous
Be careful in supporting this measure. One honest mistake, and we all make them, and you too can end up in prison. Nothing compared to the suffering of the dead person's family, I agree. Let's have the emphasis on much better training, auditing and prevention.
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Anonymous
If you are at fault, whether as an individual director or body corporate, then you should expect to held accountable for your actions.
In response to Mr. Reynolds comments, the laws may need fine tuning, but the intention behind them is just. Surely the masses he refers to include his own workforce, the very people who generate the cash to produce the "fat cats" ? If a persons or Organisations desire to succeed at any cost includes knowingly putting the lives of others at risk, then that person or organisation should be prepared to face the music.
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Anonymous
QUESTION:- When is unlawful killing not murder or at the least manslaughter?
ANSWER:- when its your boss that does it.
Every week 8 people die as a result of the action or in-action of managers the average fine for a company found guilty is £4000 it is often cheeper to budget for that than to rectify health and safety problems.
The chance of an employeer going to jail is less than slim, as the ability to atribute direct responsibility as defined in law is almost imposible.
Unlawfull killing is unlawfull killing any way you look at it and society needs to be protected from all people who kill.
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