[ Spotlight: Corporate manslaughter ] Death
understanding corporate manslaughter
A tragedy at the workplace could mean your company facing fines, reputational damage and huge costs under the Corporate Manslaughter and Corporate Homicide Act 2007. The ECIC explains what contractors need to know about this law – and how effective procedures can avoid fatal accidents
T
here’s no escaping the fact that electrical contractors are dealing with a potentially lethal force on a daily basis. Anyone qualified to work with electricity knows it can kill instantly, and that the smallest error can lead to a loss of life. Ian Hollingworth, claims manager at the Electrical
Contractors’ Insurance Company (ECIC), says: ‘Most electrical contractors will never have the trauma of having to be involved in a fatal accident inquest. However, the Health and Safety Executive (HSE) reported 152 workers were fatally injured whilst at work last year, which is the equivalent to 1 in every 200,000 workers.’ In this article, we explain how electrical contractors can
avoid unnecessary risks on site by familiarising themselves with the Corporate Manslaughter and Corporate Homicide
Act 2007. Understanding this law can also help innocent contractors to defend themselves in the case of legal action if the worst did happen. The new Act has made prosecutions simpler and we are
likely to see an increase in prosecutions as we move forward. The first legal case under the new Act, which was heard in February 2011, concluded with a judgement that shed new light on how the rules should be applied. The penalties are high, and all electrical contractors must ensure corners are not cut just to meet business pressures, and that unsafe practices are not condoned. Hollingworth adds: ‘With only one successful prosecution
to date since the Act was introduced in 2008, the likelihood of a conviction under the Act is rare. However, all electrical contractors must be aware of the issue and ensure safe working practices at all times.’
In on the Act So what is the Act, and what do electrical contractors need to know about it? It came into force on the 6 April 2008, making it an offence for an organisation to manage or organise its activities in such a way as to cause a person’s death where such management or organisation amounts to a gross breach of duty of care. The organisation will only be found guilty if the way in which its activities are managed or organised
May 2011 ECA Today 41
penalties:
SHUTTERSTOCK
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72