Published: Friday, 16th May, 2008 16:30
Protecting the safety of workers
By Frank Maguire
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THE Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6 April this year.
The Act’s tough new penalties could lead to a greater focus on health and safety, and reduce workplace accidents and deaths. But critics say it would have been more effective if it had included powers to send company directors to jail.
The new Act applies to deaths resulting from the activities of companies, Crown bodies, police forces, and large partnerships.
It represents a dramatic shift in the way workplace fatalities will be investigated and prosecuted. Scottish companies can now be found guilty of corporate homicide as a result of serious management failures which represent a gross breach of their duty of care to employees.
They face fines that could run to a massive 10 per cent of the company’s annual turnover, and a ‘publicity order’ forcing them to publish details of their convictions and fines in the Press. The damage to reputations may outweigh any fine.
In 2006 to 2007, there were 24 workplace fatalities, while major injuries to workers amounted to a staggering 2,702 for the same year. One area which could see change is that of road traffic accidents involving persons driving as part of their job.
This is an important area often ignored by employers in terms of compliance with the Working Time Regulations and putting in place driving policies and risk assessments.
It may only be a matter of time before a driving fatality leads to a possible corporate homicide prosecution.
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