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UPDATE ON DIRECTOR LEADERSHIP IN HEALTH AND SAFETY
Posted on 23rd May 2011
HSE Board rejects further regulation on leadership and director duties
MANAGEMENT AND GROSS NEGLIGENCE MANSLAUGHTER
Posted on 2nd March 2011
Operational managers face manslaughter charges after fire-fighter deaths
FIRST CORPORATE MANSLAUGHTER SENTENCE DELIVERED
Posted on 17th February 2011
Organisations need to reflect on the implications for their businesses
FIRST CORPORATE MANSLAUGHTER ACT 2007 CONVICTION
Posted on 16th February 2011
Court convicts geotechnical company over manslaughter of young geologist
CORPORATE MANSLAUGHTER ACT 2007 TRIAL UPDATE
Posted on 14th February 2011
Evidence from unwell director heard through DVD presented to court
MAINTENANCE DIRECTOR FACES MANSLAUGHTER CHARGE
Posted on 22nd November 2010Fatal fall through store rooflight lands company boss facing court trial
DIRECTOR MANSLAUGHTER CASE HITS BUFFERS
Posted on 2nd November 2010
Corporate Manslaughter prosecution proceeds as case against director halted
POTTERS BAR RAIL CRASH INQUEST OPENS
Posted on 1st June 2010
Regulator investigation ‘open’ until the Coroner’s inquest concluded
DUMPER MANSLAUGHTER TRIAL STARTS
Posted on 17th March 2010
Construction company director denies manslaughter allegation
DEATH AT WORK SENTENCING GUIDE PUBLISHED
Posted on 11th February 2010Corporate manslaughter fines start at £500k and H&S at £100k
THE ABC&D OF CLIENT CDM DUTIES
Posted on 23rd January 2010
CDM clients must wake up and smell the coffee in 2010
CORPORATE MANSLAUGHTER SENTENCING
Posted on 30th October 2009Guideline on sentencing Corporate Manslaughter offences published
INQUEST INTO CRANE DEATH HALTED
Posted on 18th September 2009Witness refusal to answer questions causes inquest delay
BUILDER GIVEN THREE YEAR JAIL SENTENCE
Posted on 20th July 2009Manslaughter of young building worker ends in prison for builder
BUILDERS GUILTY OF MANSLAUGHTER
Posted on 14th July 2009Defendants plead guilty to manslaughter and now await sentence
COMPANY AND DIRECTOR MANSLAUGHTER CASES
Posted on 17th June 2009First Corporate Manslaughter Act prosecution opens in court
PLANT OPERATOR FACES MANSLAUGHTER TRIAL
Posted on 23rd April 2009
Telehandler driver denies manslaughter charge
CORPORATE MANSLAUGHTER PROSECUTION
Posted on 23rd April 2009Geotech company first charged under Corporate Manslaughter Act
MANSLAUGHTER TRIAL STARTS
Posted on 15th April 2009Court to hear cases arising from death of young construction worker
TWO FACE MANSLAUGHTER CHARGES
Posted on 2nd March 2009Charges follow carbon monoxide death at refurbished hotel
MANSLAUGHTER PROSECUTION SENTENCE
Posted on 27th January 2009Company director guilty of manslaughter jailed for 12 months
MANSLAUGHTER TRIAL VERDICT
Posted on 22nd January 2009Director found guilty of manslaughter facing prison sentence
MANSLAUGHTER TRIAL UPDATE
Posted on 21st January 2009Jury retire to consider manslaughter verdict
MANSLAUGHTER PROSECUTION UPDATE
Posted on 15th January 2009Director suggests ’interference’ by others played part in fatal fall
MANSLAUGHTER PROSECUTION
Posted on 5th January 2009Owner of roofing company faces start of manslaughter trial
CORPORATE MANSLAUGHTER FINES
Posted on 24th November 2008Delay before fines under Corporate Manslaughter Act clarified
The Sentencing Guidelines Secretariat has indicated that sentencing guidelines in respect of the Corporate Manslaughter and Corporate Homicide Act 2007 will not be published until early 2009. The Ministry of Justice had originally suggested that the guidelines would be ready in Autumn 2008.
Comment: This is a major piece of law and it is surprising that it came into force without sentencing guidelines established. Boardrooms will remain in doubt for some months to come. The consultation document suggested fines of 2.5 -10% of annual turnover. We unaware of any prosecutions commenced under the new Act although there are Police / HSE investigations ongoing.
CORPORATE MANSLAUGHTER UPDATE
Posted on 14th November 2008Investigations put directors and managers under the spotlight
The Corporate Manslaughter and Corporate Homicide (CMCH) came into force in April 2008. Since that time we are aware of over 30 deaths in the construction industry that will now be under investigation by the Police and/or HSE. In many cases, offences under CMCH will be ruled-out rapidly and the investigation will become the sole jurisdiction of HSE. For example, where the deceased is the only dutyholder or where there is overwhelming evidence that the incident is the result of unforeseeable action by the deceased.
A proportion of the deaths since April 2008 have occurred on larger projects involving major clients and contractors. Deaths on such projects will be the most challenging for both investigators and those working in the investigated organisations. Informal feedback on live CMCH investigations suggests:
- managers are being arrested at work as part of the investigations;
- investigations are being conducted in an extremely rigorous manner;
- site staff are being considered as part of ‘senior management’;
- police investigators are being supported effectively with HSE expertise;
- significant time is being spent within investigated organisations and;
- police are treating the CMCH offence as one step down from murder.
Comment: Rigorous, lengthy and wide ranging investigations were always likely to result from the introduction of CMCH and directors and managers can do very little to change this process. It is therefore vital that directors and managers focus upon matters that can be influenced including:
- Reviewing how your organisation measures up to the practical CMCH Guidance for directors and;
- Revitalising your existing health and safety management system to increase the likelihood that what should be done is being done throughout your organisation.
MANSLAUGHTER INVESTIGATIONS
Posted on 17th October 2008Mock investigation and interview event in Wales
The Welsh construction industry Working Well Together Group is holding a mock manslaughter investigation interview on 4th November 2008 at the Welsh Assembly offices in Swansea. These ‘mock’ events are very popular as they bring home clearly the importance of managing H&S and the personal tragedies and worry that can arise when things go wrong.
MANSLAUGHTER VERDICT UPDATE
Posted on 1st September 2008HSE issue warning after jailing of director
CORPORATE MANSLAUGHTER GUIDANCE
Posted on 29th August 2008Crown Prosecution Service publish manslaughter guidance
MANSLAUGHTER TRIAL OPENS
Posted on 27th August 2008Contractor faces manslaughter trial at Old Bailey
MANSLAUGHTER CASE CONCLUDED
Posted on 21st August 2008Construction company director jailed for 12 months
CORPORATE MANSLAUGHTER
Posted on 13th August 2008Firm cleared of corporate manslaughter after explosion death
