Legal
Laying down the law Claudia Gerrard
Despite the high-profile news coverage of convictions in the rail industry, many companies still don’t understand their health and safety obligations says Claudia Gerrard
resulted in the conviction of a rail guard. In July/August 2013, the Court of Appeal rejected the rail guard’s appeal against his five year prison sentence, saying his decision to allow the train to move off was 'inexplicable' and that the sentence was fair. Yet, despite increasing news coverage, many organisations still don’t understand their health and safety obligations. There has never been any doubt that
T
health and safety at work is one of the key issues facing companies in their daily operations. But the law on this area can be complex and not easy to understand. The Health and Safety at Work Act 1974 states what employers have to do to prevent industrial accidents. It deals with activities which could be classed as 'inherently dangerous'. By the same token, the common law tort of negligence says that you may owe a 'duty of care' to third parties, if certain requirements are met. However, it has proved difficult in the past to make a company liable for failing to prevent a death or for causing a death. Now legislation has come into force which covers situations where an employee or other third party is killed. The Corporate Manslaughter and Corporate Homicide Act 2007 aims to facilitate prosecution of large organisations, where the company’s failing has led to a death. One main penalty is an unlimited fine. This is separate but linked to the Health and Safety at Work Act. However the implications and consequences of breaching the 2007 Act are still not widely known. In February 2011, the first successful
prosecution was made under the Corporate Manslaughter and Corporate Homicide Act. Cotswold Geotechnical Limited, an engineering company, was fined £385,000
he rail industry is no stranger to health and safety issues. In November 2012 for example, the tragic death of a teenager
Health and safety: top ten tips acceptable behaviour
so ensure there are comprehensive policies in place. Make sure employees are aware of the policies and have access to them, electronically or in paper form
under the Corporate Manslaughter and Corporate Homicide Act, so specific training about their duties is fundamental
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which is specific to the employees’ jobs
out by employees
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inebriated passengers and instruct employees on precisely what is
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advise on ad hoc or unusual risks: provide guidance on matters such as dealing with
provide safety equipment: this will depend on the precise nature of the work being carried
train all employees: this should cover both general health and safety and anything
train key employees: directors, senior management and other officers might be liable
prepare health and safety policies: a court will review a company’s internal policies,
company policies remain current and up-to-date
however minor, and make sure employees are aware of it
handle investigation of accidents, making sure documentary and physical evidence is preserved
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accident 9 10
review insurance policies: consider taking out directors’ and officers’
liability insurance but make sure any policy allows the company to recover its legal costs, regardless of whether or not a prosecution is successful.
July/August 2013 Page 27
post-accident steps: take remedial steps or make improvements following an
deal with accidents promptly and efficiently: prepare an incident response plan to
monitor accidents: ensure there is a policy in place for notification of accidents,
carry out regular audits: ongoing action is recommended to ensure that
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