Time running out for corporate killers, companies warned

Citation

(2001), "Time running out for corporate killers, companies warned", Disaster Prevention and Management, Vol. 10 No. 3. https://doi.org/10.1108/dpm.2001.07310cab.003

Time running out for corporate killers, companies warned

Time running out for corporate killers, companies warned

"Time is running out for companies that, through blatant disregard for the law, allow employees to be killed or injured and yet are 'punished' with only fines in the low thousands of pounds."

This stark warning was issued by the Director General of the British Safety Council, Sir Neville Purvis, at an International Institute of Research conference on "Corporate killing", recently held in London. The two-day conference is being held to discuss "the liability of senior management for incidents of death and homicides".

Sir Neville, who chaired the conference, told delegates: "Companies should be aware that legal loopholes – which currently make it difficult to identify those responsible for corporate killing – are about to be closed." He said the Home Secretary, Jack Straw, was considering new laws that would make companies and public bodies criminally liable for deaths due to poor safety management. The minister had made it clear he intended to reform the law on involuntary manslaughter and make it easier to identify and convict those responsible for corporate killing.

"Every chief executive and health and safety director should be extremely concerned about the new offences and about the penalties proposed by the Government's Revitalising Health and Safety Strategy document," said Sir Neville.

Among recommendations the Government is pushing for are:

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  a new offence of corporate killing to make directors criminally liable for deaths caused through neglect;

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  naming and shaming the worst offenders;

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  appointing a named director to be responsible for health and safety;

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  introducing tougher penalties and jail sentences to deter those breaking health and safety laws.

Sir Neville pointed out that some people felt the new rules might simply create scapegoats for health and safety failings within companies, but it was the British Safety Council's view that they would compel managers and directors to create healthier and safer workplaces.

"I believe we need a tougher law to target repeat offenders – those who, by neglect, are putting people's health and even lives at risk. Those with good safety records will have nothing to fear," he said.

"Existing punishments for blatant and gross breaches of health and safety laws are inadequate. They are not a sufficient deterrent and do not reflect society's desire for retribution when people are killed as a result of law breaking."

However, Sir Neville said that if the proposed legislation merely provided someone to blame for major accidents it would achieve little.

A whole new approach to health and safety, based on best practice, was crucial if the human and financial cost of poor health and safety were to be reduced. This would not be achieved by legal penalties alone, but by the development of a safety culture in which companies recognised the benefits of winning a reputation for good health and safety.

(News Release, British Safety Council, 21 March 2001)