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The Corporate Manslaughter and Corporate Homicide Act 2007

The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care. The Act, which will come into force on 6 April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality. 

Prosecutions will be of the corporate body and not individuals, but the liability of directors, board members or other individuals under health and safety law or general criminal law, will be unaffected. And the corporate body itself and individuals can still be prosecuted for separate health and safety offences.

The Act also largely removes the Crown immunity that applies to the existing common law corporate manslaughter offence. This is welcome, and consistent with Government and HSC policy to secure the eventual removal of Crown immunity for health and safety offences. The Act provides a number of specific exemptions that cover public policy decisions and the exercise of core public functions. Source: HSE.     For information on how to protect your company and yourself contact richard.hannay@hsqc.com

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RHS Fined after man loses toes

The Royal Horticultural Society has been fined £15,000 for health and safety offences after a 19 year old casual worker lost four and a half toes when his foot was crushed by a goods lift. The accident happened on 16^th March 2006 at the RHS’s Lawrence Hall in London where the employee was helping to build flower stands for an orchid show. The RHS pleaded guilty to three health and safety offences and in addition to the fine were ordered to pay costs of £15,000 for failing to carry out a suitable risk assessment. Source: EHN

Butcher’s Mincer had no safety guard

A butchery company has been fined 10,000 by Torquay magistrates, following a horrific accident in which an employee lost the tip of a finger. The employee had been using a BIRO mincing machine fitted with a cutting plate suitable for dicing meat into cubes in April. There was no delivery guard to the machine. As he fell forward the tip of his index finger on his left hand went through the cutting plate and came into contact with the cutting blade. The Well Hung Meat Company of Mayflower Street, Plymouth was found guilty of breaching Section 2 of the Health and Safety at Work Act. A fine of £15,000 would have been imposed had it not been for the company’s guilty plea. Source: EHN

Travelodge fined over health and safety

International hotel company Travelodge has been fined £20,000 after failing to report several serious accidents involving customers slipping in the bathroom. The council urged Travelodge to comply with its own risk assessment, which had identified the danger of slipping in the bath when being used as a shower. But the company had still to adequately remedy the situation two years later, despite the fact that EHO’s said a slip-resistant surface could easily be installed for £35 per bath. Travelodge admitted two counts of failing to report accidents under RIDDOR, but initially denied it had failed to ensure customer safety under the Health and Safety at Work Act 1974 before changing its plea. In addition to the costs the company was forced to pay £50,000 in costs. Source: EHN - 

Will ISO 22000 replace BRC?

Rancid meat supplied to top London hotels

Hospitality operators have been urged to ensure the meat they buy is independently audited along the supply chain after it emerged that a major supplier was transporting meat in rancid conditions. The BBC today revealed that McLaren Foods, which supplied elite hotels including the Dorchester and Claridge’s as well as government offices in London, had been contravening health, safety and hygiene laws. Former employee Alan Castell said often rotten meat would be transported in vans which were not disinfected after. McLaren, which had satellite depots around the country up until March this year, also supplied top schools and hospitals. However, no action can be taken as the incidents date back two years ago and the business has gone into administration. Tony Goodyear, foodservice trade manager for the Meat and Livestock Commission, said the story should serve as a warning to chefs and caterers. “Buying the cheapest meat sometimes means that corners are cut in terms of hygiene,” he said. “The best option for chefs and caterers is to buy assured meat that has been independently audited along the supply chain. “As customers they have a perfect right to make their own spot checks on their suppliers. Source: EHN

Editor: Ryan Hannay