Search results for Employers complacent about corporate manslaughter law
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Employers “complacent” about corporate manslaughter law
...s changes to the law relating to asbestos, work at height, access for disabled people, and fire safety. We never adopt the ‘too much red tape’ approach. We’re very happy to stand by the survey findings. In the light of your comments, we’ve moved the article to the ‘Network News’ (PR about the Network) area of the site, rather than the newsroom. Thanks again for your feedback. I’d be interested to hear other views on corporate manslaughter legislation, which still seems to be surrounded by a strange silence given its magnitude.
Comment | 27 Mar 2008
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Employers “complacent” about corporate manslaughter law
I totally agree with Martin. There are far too many companies and especially training companies and local authorities using the Corporate Manslaughter and Corporate Homicide legislation to scare people - even if you already are doing everything right. The late Donald Dewar was right when he said that existing legislation (HASAW) allows for the prosecution of individuals grossly negligent but what we do need is to end the weasly 'plea...
Comment | 27 Mar 2008
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Employers “complacent” about corporate manslaughter law
Martin - a brief furter note re. insurance. Simon Hickman, a Chartered Insurance Broker and author of our Special Report on the new Act, stresses the need to check that existing health and safety cover under public and employers liability policies extends to similar health and safety legislation, which would include the new Act, rather than assume that it automatically extends. As you say, insurers will not provide cover for fines, and this will extend to publicity and remedial orders - other penalties that will be avai...
Comment | 30 Mar 2008
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Employers “complacent” about corporate manslaughter law
Martin - Just a quick addendum to your point about cooperating with the HSE. I'm sure we would all agree that employers should be open and honest in all their dealings (not just health and safety related). With regard to cooperation with the authorities after an accident, I think some caution should be advised. The employer's first response, after dealing with the immediate incident, is to control the flow of in...
Comment | 28 Mar 2008
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Employers “complacent” about corporate manslaughter law
...any and have tried really hard not to scare monger. Nobody really knows yet how this Act will affect businesses. Personally I think if it only serves the purpose of making companies look closer at the possibilty of a serious injury or a death then it will be worthwhile. Statistics show that you are about four times more likely to be killed at work on the road than all other workplaces put together. So when i do driver training all i can do is make the driver think more about their driving and the consequences. If I contribute to one less death thats one less company without hassle and one less fami...
Comment | 27 Mar 2008
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Employers “complacent” about corporate manslaughter law
...act should be minimal as long as you can show that a robust system was in place i.e. risk assessments, method statements, safe systems of work etc. then there should be no problem. The interesting thing is its treatment as H & S legislation but it might be better to describe it as simple criminal law legislation. At a recent talk by a lawyer mention was made of obtaining "privilege" over any company reports etc. regarding an incident. I am not sure how this would work with the HSE requesting information where perhaps withholding it would not look good within the pretext that you are guilty un...
Comment | 27 Mar 2008
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Employers “complacent” about corporate manslaughter law
...ur article on is deeply flawed as the options lead the responder in to making certain answers - which are then interpreted by your article in a different context. Since your news story is quoting your own organisation as the only source it is actually a press release not a news story, and the word "complacent" in the headline appears as if this was said by someone, but there is no reference to the source in the article.
Comment | 26 Mar 2008
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Employers “complacent” about corporate manslaughter law
...ual and their legal adviser cannot be produced as evidence in a case. For example a H&S manager may want to discuss possible causes of an accident in a way that is private from the HSE. However it has also been used as a defensive strategy in the US where H&S audit reports were prepared for the lawyers rather than the management. Then, if there was an accident (and the audit report had identified a deficiency) the audit could not be used in evidence. I recommend you watch the film Erin Brockovich as it details this point very well! This has been taken to extreme, and consequently enforceme...
Comment | 28 Mar 2008
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Corporate manslaughter liability for workplace diseases ... a ticking bomb?
© Workplace Law Group 2009 All rights reserved Corporate manslaughter liability for workplace diseases ... a ticking bomb? Corporate manslaughter liability for workplace diseases ... a ticking bomb? During Workplace Law's webinar `Corporate Manslaughter in Court: Implications for employers' a question was posed on how the Act applies in relation to a fatality caused by a disease that may be traced back to the workplace; the asbestos-related condition, Mesothelioma, for instance. Angela Philip, Associate at regulatory specialists, Osborn Abas Hunt, provides some answers. Introduct...
News analysis | 3 Jun 2009
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The Corporate Manslaughter Act – are you worried?
... a genius to imagine how much the fines might be if certain large oil firms in the UK had an accident. Last July, when the legislation was passed, Workplace Law published the Guide to the Corporate Manslaughter and Corporate Homicide Act 2007, explaining the legislation and what it will mean for employers. Next month will see the launch of a special, in-depth report on the legislation, looking at the Act from all sectors, explaining what it will mean for directors and senior managers. Featuring contributions from leading lawyers and experts, the special report is essential reading for those with res...
News | 25 Jan 2008
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Corporate Manslaughter Bill receives Royal Assent
...odies – such as Government departments – will be liable to prosecution for the first time. The Act will apply to companies and other corporate bodies, in the public and private sector, Government departments, police forces and certain unincorporated bodies, such as partnerships, where these are employers. The Act will come into force on 6 April 2008 and the Ministry of Justice will issue further guidance for organisations affected by the Act in the autumn. Extension of the offence to deaths in custody will come into effect at a later date. Justice Minister Maria Eagle said: “The ...
News | 27 Jul 2007
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Engineering firm fined following electrician's death
...Principal Inspector Jim Skilling commented after the case:“The HSE has found that across the electrical contracting industry there is widespread violation of the safe working practices.“Each year there are around ,2000 incidents at work involving electrical injury, including electric shock, and about 20 of these result in fatalities. The industry’s complacency in accepting dangerous practices is startling.“Michael Adamson’s death could have been prevented had his employer ensured that safe working practices were being carried out in accordance with the company’s own written procedures. ...
Case | 24 Oct 2008
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How much does it cost to kill someone at work?
... amount of legislation in force; and the number of workplace deaths against the development of corporate manslaughter legislation since 1996. 07 Forum Workplace Law members debate the implications of the Barrow legionella case for FMs. LEGAL UPDATE 26 Case law Legal experts offer their advice to employers on the implications of recent case law. 17 The future of health and safety Facilities Manager John Shaw says no one will want to be the first convicted for a "serious management failure at a senior level". 28 Technical guidance In-depth guidance on: the Corporate Manslaughter and Corporate Homi...
Magazine issue | 1 Sep 2007
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The burning issue
...ar 2005 - business IN EVERY ISSUE: EMPLOYMENT LAW, HEALTH & SAFETY, PREMISES MANAGEMENT WPL Fire assessment Advert CONTENTS 06 LEGAL CALENDAR Upcoming legislative developments, consultations, conferences, training, publications and important diary dates for the six months ahead 20 STRESS: ARE EMPLOYERS DOING ENOUGH? One year since the introduction of the HSE management standards for stress, Workplace Law members debate how responsible the employer should be in tackling the issue in the workplace 07 LETTERS P9 Workplace Law Magazine readers air their views on the legal issues affecting their bu...
Magazine issue | 1 Nov 2005
