Prison for Company Executives Who Flout Health and Safety Rules
Risk management in relation to Health and Safety has come to the forefront of many company executives minds since the initiation of the Health and Safety (Offences) Act 2008, which brings online the concepts of Corporate Homicide and Corporate Manslaughter as criminal offences.
In short, company executives can no longer hide behind the idea that no one individual is ultimately responsible should an employee be involved in a fatal accident at work.
Companies previously would have been involved in investigations and public relations problems and ultimately possibly a large fine. All that has paled into insignificance now as managers and company executive’s wake up to the reality of prison sentences for serious health and safety violations.
Many companies are now paying particular attention to the safety of their employees while out on the road under half of the company. They are now making serious investigations into areas such as the validity of a driving licence; they are also sending employees for advanced driver training as well as more unusual concepts such as telematics, all aimed at making their employees safe drivers.
Previously it was a legal minefield to attempt to prosecute individuals from a company in relation to deaths in the workplace. Previously prosecutors had to prove that the company was directly responsible for the death of the individual.
With the new act the prosecution simply has to prove that the company was in breach of Health and Safety regulations and as a result a death occurred, they do not, as such, have to prove that the company directly caused the death.
Sentences in manslaughter cases of this type could result in jail sentences of up to 2 years for management staff deemed to be directly responsible, and for corporate bosses who oversee many company functions.
Workplace Law offers intensive training to assist companies in avoiding such situations and their potential personal and company repercussions. Find out more about their highly commended NEBOSH certificatecourses.
