Proposed new Government legislation on corporate killing will push up the number of prosecutions and bring in harsh penalties for offending companies who neglect the law
Home Secretary David Blunkett's strong desire to see the draft Corporate Killing Bill enacted within the next 12 months could well ramp up the numbers of corporate prosecutions – and usher in penalties for offending business that may have severely detrimental effects upon reputation and profit.

The Home Secretary has called for "clear and effective laws" to deal harshly with any businesses – including security companies – whose working practices result in death for members of staff.

"There's a great deal of public concern at the criminal law's lack of success in convicting companies of manslaughter where death has occurred due to gross negligence by the organisation as a whole," said Blunkett.

The Home Secretary added: "The law must be seen to bite down properly on large corporations whose failure to either set or maintain standards causes deaths."

Speaking at a recent seminar organised by manned security contractor Reliance Security Services, Alison Shepherd (a partner in the Personal Injury Department at Crutes law firm) responded by suggesting that the proposed legislation would apply if management failings "fall far below the standard that could reasonably be expected in the prevailing circumstances".

Shepherd added: "Management failure is a new concept here. The Courts will consider the performance of the team, not an individual as is the case with manslaughter."

The real test for the Jury, according to Shepherd, will be to consider what are reasonable safety standards within the defendant company.

For these reasons alone, Shepherd warns that corporate Health and Safety issues should be dealt with by management at all levels within an organisation – including Board level.

"Companies simply cannot place such responsibility in the hands of one chief officer," urged Shepherd. "They should also maintain records of command and monitor their Health and Safety procedures at all times."

From 1992-1998 there were 59 investigations of potential corporate manslaughter in the UK. Eighteen of those cases ended up in Court, and four were successfully prosecuted. In 2001 alone, no less than 26 cases arose.

Fines of up to £200,000 could soon be reality if companies do not toe the Government's line, while directors held responsible for acts of negligence could be disqualified from holding any management roles in the future.

Source

SMT