CORPORATE MANSLAUGHTER GUIDANCE

Crown Prosecution Service publish manslaughter guidance

The Crown Prosecution Service has published comprehensive legal guidance on the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH), how it relates to the HSW Act 1974 and the approach adopted by the Police and HSE during the investigation of possible offences.

Comment: CMCH does not create a new offence. However, the advice from government is that organisations should (1) take the opportunity to think again about how risks are managed and be satisfied that systems and processes for managing health and safety are adequate; (2) ensure compliance with current health and safety laws in light of guidance “Leading health and safety at work – Leadership Actions for Directors and Board Members” and; (3) where necessary seek guidance on health and safety duties and how to meet them.

Police and HSE investigators will now be required to explore some searching and wide-ranging questions when investigating construction industry fatal accidents including:

How well were the activities of the organisation managed or organised?
Did the attitudes, policies, systems or accepted practices encourage failure or produce tolerance of it?
Did any failure arise from a substantial failure at a senior level in the organisation?
How well did the organisation meet guidance produced by HSE?
Were current H&S management systems reviewed after CMCH came into force?

These questions will take fatal accident investigations into challenging territory at senior levels and it is therefore vital that all organisations undertake the 3 key actions listed above.

This article was posted on 29th August 2008 in ALL LATEST NEWS, MANSLAUGHTER.
PP Construction Safety H&S Assistance and Consultancy service.

Construction Health & Safety News, Advice and Information from PP Construction Safety

CORPORATE MANSLAUGHTER GUIDANCE

Crown Prosecution Service publish manslaughter guidance

Latest Construction Health and Safety News

HSE TO OVERSEE NEW BUILDING SAFETY REGIME

Government to deliver biggest change in building safety for a generation

CONTRACTS MANAGER HANDED TWO YEAR PRISON TERM

Safety fall arrest netting would have saved life of deceased workman

WORKER FATALLY INJURED BY CONCRETE BEAM

Lifting operation not properly planned, managed and supervised

TREE FELLING OPERATIONS LACKED DEFINED COMMS

Workman struck by falling tree inside “normal” exclusion zone

CONTRACTOR ARRESTED OVER WELFARE FAILINGS

Recalcitrant sole trader failed to attend court hearing

MAJOR DEMOLITION CONTRACTOR FINED £500,000

Collapse of concrete slab caused death of worker and excavator fall

FALL FROM LADDER WHILST CARRYING BUCKET

Contractor failed to provide basic safe lifting aids

FAILURE TO COMPLY WITH HSE NOTICE PROVES COSTLY

Director given suspended jail term and company fined £60,000

DEVELOPER FAILED TO PLAN AND CHECK COMPETENCE

Fall caused by ad-hoc working methods and lack of monitoring

CYLINDER LEAK TEST CAUSED FATAL INJURIES

Corrosion inhibitor triggered failure and shrapnel ejection

FESTIVE GREETINGS TO ALL OUR READERS

JAIL TERM FOLLOWS ROUTINE HSE SPOT CHECK

Director of a roofing firm handed a suspended prison sentence

TEENAGER FELL 3M DURING BLOCK AND BEAM WORK

Workers uninstructed and left to devise own safe system of work

PARCEL CARRIER FINED HEAVILY OVER FLT INCIDENT

Reversing fork lift lacked segregation from pedestrians

CONTRACTOR FINED OVER FLOOR OPENING FALL

Thorough risk assessment and edge protection were both inadequate

THREE WORKERS “CARRIED ALONG” IN SEWER INCIDENT

Mentally affected and one man treated for long-term traumatic stress

SOLAR FIRM AND DIRECTOR SENTENCED OVER DEATH

Brother of business owner died in fall during panel installation

DIRECTOR AND COMPANY FINED FOR ASBESTOS RISK

HSE refurbishment campaign inspection revealed asbestos offences

BULK BAG COLLAPSE CAUSED BY UNSAFE STACKING

Bulk bag collapsed onto workman when struck by fork lift

INTERLOCKED GUARD NOT WORKING TO ISOLATE POWER

Two workmen seriously injured when plant started unexpectedly

STREET FURNITURE RISK TO PUBLIC FINED £1.4M

Council prosecuted following injury to child playing on hinged bollard

WORKMEN SUFFER SERIOUS BURNS FROM CABLE STRIKE

Assessment and system of work failed to appreciate electrical risk

LADDERS WERE INAPPROPRIATE FOR WORK ON ROOF

Workman paralysed after falling whilst installing roof ladder

FIRM FAILED TO MANAGE EXHAUST VENTILATION

HSE enforcement notices on wood dust and welding fume ignored

RECALCITRANT DIRECTOR BARRED FROM OFFICE

Dangerous telehandler used despite earlier fatality and enforcement

News Archives