CORPORATE MANSLAUGHTER: REVIEW OF ISSUES
International law firm provide review and ‘pointers’ on CMCH Act
The firm Kennedys Law LLP has provided ‘pointers’ to the future under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH) prosecutions using a review of the Lion Steel case to address the following questions:
- Did the case against Lion Steel and its trial provide any pointers to those involved in safety management policy and decision making?
- Are companies and their lawyers any further forward in understanding some of the key provisions of the Act?
- Why has it taken five years for the authorities to bring only three cases to a conclusion?
The following ‘pointers’ are also identified:
“The first is to be very careful about one’s response to guidance and warnings provided by the HSE and other regulators, as well as to that given by safety consultants and insurers. Although because of Lion Steel’s guilty plea the point was not played out before a jury, the Judge took the opportunity to hang his sentencing hat (or wig) in part on the knowledge at senior management level of a letter from the HSE in 2006 which suggested warning notices be considered for the roof. Had the company responded actively to that suggestion, whether by fitting signs or explaining in a logical way why an alternative course would be appropriate, that particular “gun” could have been rendered non-smoking. Equally, had the company, its insurers and its safety consultant engaged with each other in a more careful way then the Prosecution could have been denied some of its evidence.
The second pointer relates to the delineation and understanding of directors and other senior managers’ roles and responsibilities. This was an issue which in the absence of clear company job descriptions and budgetary authorities led to much wrangling in court. While one might argue that clear job descriptions and responsibility matrices and understanding in some cases make it easier for a prosecutor to pursue a particular director, the stronger argument if there is confusion and uncertainty in this area then the chances of a wide ranging prosecution are likely to be higher, not to mention the accident itself.
Finally, there was evidence in the Lion Steel case of different standards of safety being applied at the company’s two sites and the difference was a weakness in the company’s defence. Consistency and adherence to group standards would have improved both the company’s and the Directors’ positions.”
Latest Construction Health and Safety News
CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT
The addition of content on this website ceased on 17th April 2020.
Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.
CDM REGULATIONS 2015: GUIDES AND TEMPLATES
Summary of our advice and tools to aid CDM 2015 compliance
Read the rest of this article »
Posted on 21st April 2020HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK
Incorrectly fitted RPE will not protect the wearer from dangers to health
Read the rest of this article »
Posted on 16th April 2020CORONA VIRUS: LATEST SITE OPERATING PROCEDURES
Industry Bodies publish risk management guidance Version 3
Read the rest of this article »
Posted on 15th April 2020TOWER CRANE OUT OF SERVICE SAFETY ALERT
Important advice from Construction Plant-hire Association and HSE
Read the rest of this article »
Posted on 30th March 2020HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21
Appointed CDM 2015 Principal Designers remain focus of HSE inspections
Read the rest of this article »
Posted on 30th March 2020COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION
BuildUK support industry with advice, guidance and information
Read the rest of this article »
Posted on 30th March 2020HSE TARGETING WELDING FUME CANCER RISK
Inspections to enforce improved controls required by new risk evidence
Read the rest of this article »
Posted on 24th February 2020HSE TO OVERSEE NEW BUILDING SAFETY REGIME
Government to deliver biggest change in building safety for a generation
Read the rest of this article »
Posted on 21st January 2020FESTIVE GREETINGS TO ALL OUR READERS
Read the rest of this article »
SELECTED NEWS POSTED RECENTLY ON TWITTER
![PP Construction Safety logo and link to home page [1]](https://www.ppconstructionsafety.com/wp-content/themes/ppcs960/images/ppcslogo.jpg)
Links to other construction health and safety related news reports
HSE LOOK TO LOCAL AUTHORITIES FOR CDM SUPPORT
Council Inspectors focus on CDM client duties – asbestos, fragility and RCS
Read the rest of this article »
Posted on 14th November 2019HSE WELDING FUME REVISED GUIDANCE PUBLISHED
New research evidence on cancer link prompts revision on welding fume
Read the rest of this article »
Posted on 14th November 2019STRUCTURAL SAFETY BODY LATEST NEWSLETTER
CROSS publishes reports and expert comment on a range of issues
Read the rest of this article »
Posted on 18th October 2019HSE RISK REDUCTION THROUGH DESIGN AWARD
Regulator seeks to promote hazard avoidance and risk minimisation
Read the rest of this article »
Posted on 18th October 2019HSE START PROJECT HEALTH RISK INTERVENTIONS
Regulator set to check health risks assessed and controls in place
Read the rest of this article »
Posted on 30th September 2019AIF NATIONAL WORKING AT HEIGHT CONFERENCE
HSE Construction Head to speak at Access Industry Forum conference
Read the rest of this article »
Posted on 23rd September 2019NEW HSE HAVS CALCULATOR TO HELP CONTROL RISK
New calculator includes “cautious estimates” for common tools
Read the rest of this article »
Posted on 23rd September 2019IMPROVING CDM DESIGNER HAZARD AWARENESS
Research explores power of “multi-media digital tool” for design hazards
Read the rest of this article »
Posted on 27th August 2019DEMOLITION FEDERATION ON RECENT INCIDENTS
NFDC ‘statement of awareness’ follows unplanned collapses
Read the rest of this article »
Posted on 27th August 2019RAISING COMPETENCE AND MAKING BUILDINGS SAFER
Life-safety-critical disciplines urged to act on Interim Report
Read the rest of this article »
Posted on 27th August 2019BUILDING WORKS COMPROMISED GAS SAFETY
Company and director fined after work created risk to residents
Read the rest of this article »
Posted on 27th August 2019HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019
AIF National Working at Height Conference November 2019
Read the rest of this article »
Posted on 6th August 2019STRUCTURAL SAFETY BODY LATEST NEWSLETTER
CROSS publishes reports and expert comment on a range of issues
Read the rest of this article »
Posted on 23rd July 2019CONSIDERING TEMP WORKS IN PERMANENT DESIGN
Useful overview for civil and structural engineers on contemporary practice
Posted on 23rd July 2019
