The Corporate Manslaughter and Corporate Homicide Act 2007

1. The Corporate Manslaughter and Corporate Homicide Act 2007

2. 1987: Zeebrugge Disaster 2

3. 1997: Southall Train Disaster 3

4. 1999: Ladbroke Grove Train Disaster 4

5. 1999: Transco Gas Blast 5

6. 2002 Barrow on Furnace • 7 deaths • Legionnella outbreak • Head of council taken to court • Charges dismissed due to lack of appropriate legislation • H&S manager found guilty and fined • Catalyst for Corporate Manslaughter legislation to be developed

7. The Corporate Manslaughter and Corporate Homicide Act 2007 Manslaughter has been a common law offence – now a criminal law offence The Act is due to come into force on 6th April 2008. The Act applies solely to organisations (incorporated bodies). Not individuals Builds on 1974 H&S at Work act – Individual Dir and SM can be prosecuted 7

8. Health and Safety Offences Under section 37 of the Health and Safety at Work etc. Act 1974, a director, company secretary or manager can be held criminally responsible for health and safety offences where: • The Company is found guilty of a health and safety offence; and b) The offence was committed with the consent or connivance or was attributable to any neglect by the director, company secretary or manager. 8

9. In 2002/2003, the Health and Safety Executive prosecuted a total of 22 directors and managers. Five people have been sent to prison for health and safety offences since January 1996. NHS G – 2007 – 2000 H&S incidents (range from asbestos - threat of legal action – to – trips and falls) 9

10. Definitions within new legislation • CM - fatality which is caused by “Gross breach” • “ Gross breach” – conduct which fall far below what can be reasonably be expected- i.e. failure to comply with H&S legislation • Relevant duty of care – obligation on organisations – to protect a person’s safety • Senior manager – Significant role, Making decisions, Actually managing

11. Penalties include: • An unlimited fine • Remedial orders • Publicity orders Investigating Officers: • Police/HSE Investigation • Prosecution more likely if organisation fails to have H&S governance and management arrangements in place and up to date H&S policies and procedures 11

12. Legislation • To create a proactive approach to H&S • Active engagement of Line Mgmt • H&S specified in JDs • H&S core competence within KSF • Pressure gps e.g. TUs – don’t feel legislation has gone far enough • Key role of Line Mgmt, at all levels, in H&S – skill and competencies ? -

13. 2004: Stockline Plastics Disaster 13

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16. A spokesman for the Scottish Government said: “The focus at the moment is on the implementation of the [UK-wide] legislation in Scotland. Should it prove not to be adequate, we would review the situation." 16

17. NHS G – Way forward • H&S Governance/management arrangement need to be put into place, update of H&S policies and procedures • Recruit H&S Mgr • Training of LM in H&S - IOSH cert, KSF • Further refinement of LM responsibilities and duties • KPIs review by Risk Management Gp, Health and safety committee and Staff Governance

18. Ongoing Developments……. 18