Robust health and safety measures are important to protect staff and businesses from potential corporate manslaughter claims, which can arise when deaths are caused by management failures that are deemed to constitute a gross breach of duty of care.
Figures published recently by law firm Pinsent Masons show that the number of corporate manslaughter cases rose to 63 in 2012, compared with 45 in 2011. The firm also warns of an increased focus by the Crown Prosecution Service on corporate manslaughter claims, claiming that momentum is growing around enforcement of the 2007 Corporate Manslaughter and Corporate Homicide Act, with a number of new cases in the pipeline. It’s prompted the British Security Industry Association’s (BSIA) Lone Worker Forum to stress the importance of protecting lone workers – those employees who work alone or without direct supervision – for every business as part of its health and safety strategy.
Patrick Dealtry, pictured, chairman of the BSIA’s Lone Worker Forum, which consists of BSIA members who offer lone worker safety products and services, says: “Almost by definition, lone working can be both intimidating and at times dangerous, so the protection of lone workers involves a twofold approach; not only to provide safeguards but also to offer reassurance to the people involved.
“Providing vulnerable employees with a mechanism to call for help if they feel threatened should be a key element of a company’s health and safety policy, and also provides reassurance that they are fulfilling their duty of care.”
More than six million people in the UK are thought to work in isolation or without direct supervision, often in places that put them at potential risk. A wide variety of organisations and industry sectors employ people whose jobs require them to work or operate alone, either regularly or occasionally.
Patrick adds: “Any business employing lone workers should take heed of this latest research and ensure that they have robust solutions in place, both to protect lone workers, and to reduce the risk of prosecution should an incident occur.”
The BSIA’s Lone Worker Forum has produced a guide to help employers understand their obligations to lone workers. For more information about the BSIA’s Lone Worker Forum, or to locate a reputable supplier of lone worker solutions, visit www.bsia.co.uk/lone-workers.
Pinsent Masons, the law firm, pointed out 141 corporate manslaughter cases have been opened since records began in 2009. 56 cases are being investigated for prosecution, dwarfing the three convictions that there have been since 2008.
Pinsent Masons say these figures show that the low number of convictions so far is the tip of the iceberg of the police and CPS’ focus on potential corporate manslaughter cases, and that prosecution for corporate manslaughter is not a risk for businesses to take lightly.
The introduction of the Corporate Manslaughter and Corporate Homicide Act 2007 for fatalities from April 2008 was a legal landmark. For the first time, large and medium sized companies could realistically be found guilty of corporate manslaughter for deaths arising from management failures which constituted a gross breach of a duty of care.
Simon Joyston-Bechal, specialist Health & Safety Lawyer and Partner at Pinsent Masons says: “High-risk industries and companies cannot be reassured by the current lack of convictions for corporate manslaughter. The three convictions so far are just the tip of an iceberg.”
“A low number of convictions could lead businesses to think corporate manslaughter is an option little-used by prosecutors. However, corporate manslaughter cases are very complex and can take a long time to come to trial. We can now see from these figures that there are a rapidly growing number of cases in the pipeline.
Simon Joyston-Bechal adds: “We acted in defence of this first case that was prosecuted and saw how long it took. To date, it has taken two to four years for a conviction to be secured following a fatality. The offence has only applied to fatalities since 2008, so it is still very early days in terms of convictions.”
The first corporate manslaughter conviction in 2011 related to a 2008 fatality. The second conviction in 2012 related to a 2010 fatality, while the third conviction in 2012 related to a fatality four years prior, in 2008.
Pinsent Masons say that the criticism directed by some commentators against the police and the Crown Prosecution Service (CPS) over the low number of convictions for corporate manslaughter may be misplaced in light of these new figures.
Simon Joyston-Bechal says: “Some have criticised the police and the CPS for the apparent under-use of a major new tool, but these figures show that prosecutors are increasingly active in pursuing corporate manslaughter, albeit slowly.”
Pinsent Masons adds that organisations need to watch out for cost-cutting during the recession.
Simon Joyston-Bechal adds: “At the beginning of the recession, responsible organisations tended to safeguard their Health & Safety budgets but these budgets are no longer immune.”
“There is a growing risk as the economy struggles to recover from recent recessions that companies see Health & Safety as a place to cut back on spending. It could be intentional cutbacks on Health & Safety training, advice or equipment upgrades, or, more worrying, a cut in staff that inadvertently cuts safety because safety is just one of the functions of those staff. Companies that do this could find their cost-cutting decisions leave them liable for prosecution if there is an accident.”
“Cutting corners on safety in order to save money is probably the most serious aggravating feature of an offence. This makes it more likely there would be a prosecution and increases the sentence on conviction, as well as the degree of adverse probability and damage to reputation.”
Simon Joyston-Bechal adds: “All businesses need to have robust Health & Safety procedures in place, including the adoption of measures that can be tailored by specialist Health & Safety lawyers to reduce the likelihood of prosecution should an incident occur.”
