Corporate manslaughter - UK example
  • Peter Bateman
    272
    The accounts manager at a food waste plant in Leicestershire has been jailed for 13 years on two counts of corporate manslaughter and a breach of H&S law after two employees died in a confined space incident.

    Her husband, the managing director, was jailed for 20 months for breach of H&S law.

    Read the Guardian story here.

    This is certainly an attention-grabbing sentence. Proponents of a corporate manslaughter law mainly advocate it on the grounds of justice rather than in the expectation of prompting improvement.

    Nevertheless, it would be nice to think such a sentence might persuade firms in the UK operating in the same sector to take another look at their H&S practices. Does anyone think it would?
    Peter Bateman Options
  • Steve H
    308
    This was a particularly egregious case Peter,and you would hope that no New Zealand company was operated in the manner described in the Guardian story, but I would like to see this as a possible option here. It would be one more step on the way for us to change the workplace death/serious harm accident rate in this country.
    Steve H Options
  • Andrew
    405
    In NZ you can coward punch someone, kill them and end up with just 16 months in the clink

    https://www.nzherald.co.nz/nz/crime/fau-vake-death-daniel-havili-sentenced-for-manslaughter-in-auckland-cbd-attack/275FAXTEWRQ7PNQF6QYWBWJMH4/
    Andrew Options
  • Chris Hyndman
    71
    Unfortunately Corporate Manslaughter is still a very difficult prosecution to bring in the UK due to the problems trying to find a single "controlling mind" in the medium to large companies, so this acting as a deterrent isn't as clear cut as it may seem.

    I also think that there are very few deterrents that are effective for bosses who are as morally corrupt as these two. Once you are that far gone there is very little hope for a reversal.
    Chris Hyndman Options
  • Steve H
    308
    I also think that there are very few deterrents that are effective for bosses who are as morally corrupt as these two. — Chris Hyndman

    But an effective punishment Chris for egregious wrong doing.
    Steve H Options
  • Chris Peace
    86
    This was an awful story. Drowning in liquid waste was a ghastly way to die.
    It's worth reading the UK Confined Spaces Regulations 1997 (attached) to see a variation on the hierarchy of control. I'll place it in my teaching alongside the NZ legislation, ISO31000 and Haddon barrier approaches.
    Essentially, the Regulations prohibit entry unless there is no other way of carrying out a task but then explicitly requires an emergency plan.
    Attachment
    Confined Spaces Regulations 1997 (145K)
    Chris Peace Options
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