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Senior management now need to ensure that effective health and safety arrangements and cultures are operating in their companies to help protect their workers' lives and also to help safeguard the good name and prospects of their organisations.
According to latest HSE statistics, there were 247 fatal injuries to workers in 2006/07. There is considerable scope for improving fatality rates in workplaces. And, we must always remember, behind all these stark statistics, each and every death is a tragedy for the family concerned. The new act means that there is no longer a need to show that the 'controlling mind' was also personally guilty of manslaughter. It is now sufficient to prove that senior management failings amount to a gross breach in the relevant duty of care towards the deceased, leading to their death. These failings would concern the way in which senior managers organised or managed the organisation's activities, and would fall far below what could reasonably be expected. What does this mean? Conviction under the offence of corporate manslaughter/homicide would bring high fines, unwelcome publicity and possible reputational damage to the organisation concerned. It could also adversely affect the order book, staff recruitment and retention, and investor confidence. The courts have been taking an increasingly tough line when health and safety offences cause death. In 2005, Transco was fined a UK record of £15m following the tragic deaths of a family of four in a gas explosion. It can be expected that penalties for those convicted under the new act are likely to be calculated as a percentage of turnover and that they will outweigh the cost of non-compliance with legislation. Martyn Weeks Consultancy provides health and safety to all organisations including the public sector who:
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