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

Fine in banana boat ride death case has few lessons for construction

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International law firm provide review and ‘pointers’ on CMCH Act

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HSE Board rejects further regulation on leadership and director duties

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Operational managers face manslaughter charges after fire-fighter deaths

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Evidence from unwell director heard through DVD presented to court

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Fatal fall through store rooflight lands company boss facing court trial

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Corporate Manslaughter prosecution proceeds as case against director halted

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Regulator investigation ‘open’ until the Coroner’s inquest concluded

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CDM clients must wake up and smell the coffee in 2010

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Witness refusal to answer questions causes inquest delay

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Delay 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has indicated that sentencing guidelines in respect of the Corporate Manslaughter and Corporate Homicide Act 2007 will not be published until early 2009.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.

Investigations 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:

1. Reviewing how your organisation measures up to the practical CMCH Guidance for directors and;
2. Revitalising your existing health and safety management system to increase the likelihood that what should be done is being done throughout your organisation. 

HSE issue warning after jailing of director 

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Crown Prosecution Service publish manslaughter guidance

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Firm cleared of corporate manslaughter after explosion death

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