Corporate killing – accident or crime?

Citation

(2001), "Corporate killing – accident or crime?", Disaster Prevention and Management, Vol. 10 No. 5. https://doi.org/10.1108/dpm.2001.07310eab.004

Corporate killing – accident or crime?

Corporate killing – accident or crime?

Time running out for corporate killers, conference told

Company bosses have been warned that time is running out for those who, through blatant disregard for the law, cause death or serious injury to their workers or members of the public. The Director General of the British Safety Council, Sir Neville Purvis, said legal loopholes were being closed with new corporate killing laws that are expected to be introduced by the UK Government. He pointed out that, under the new laws, culpable directors of public and private organisations will face unlimited fines and up to life imprisonment if they cause injury or death by neglect. Sir Neville was speaking at a conference, "Corporate Killing – Accident or Crime?", organised by the British Safety Council to allow businessmen to debate the proposed new laws and consider their personal liabilities. It was attended by more than 200 directors, chief executives and chairmen from some of the UK's biggest companies. He said: "Every chief executive and health and safety director should be extremely concerned about the new offences and about the penalties proposed. They may even deter some people from taking jobs that carry heavy responsibility, with the prospect of a possible jail sentence and disqualification from holding a position as a company director if something goes wrong." The corporate killing proposals, laid down in a Home Office consultant document, Reforming the Law on Involuntary Manslaughter: The Government's Proposals, are designed to make it easier for companies to be brought before the courts and convicted for causing death or injury. They will replace the existing law of involuntary manslaughter, which has led to only three successful prosecutions since the law was introduced nearly 30 years ago.

The proposals are:

1. 1.

   The creation of a new offence of corporate killing, intended to make companies accountable in criminal law when they fall far below the standards that could reasonably be expected in the circumstances. The proposed maximum penalty would be an unlimited fine and an order to correct the original cause of any accident.

2. 2.

   Three new offences to deal with death caused by the reckless or gross carelessness of individuals, to replace the current law on involuntary manslaughter:

3. 3.
   • •

     Reckless killing. Where a person (including a company representative) was aware of the risk that their conduct would cause death or serious injury, knew that in the situation it was unreasonable to take the risk, but did so anyway. The proposed maximum penalty would be life imprisonment.

   • •

     Killing by gross carelessness. Where a person (including a company representative) should have been aware of the risk of causing death or serious injury. The proposed maximum penalty would be ten years' imprisonment.

   • •

     Killing when the intention of a person was to cause only minor injury but death was caused by an unforeseeable event. The proposed maximum penalty is of between five and ten years imprisonment.

For the first time, individuals with management responsibility for safety will become criminally liable for causing serious accidents to their employees or members of the public – and this sparked off a fierce debate at the conference, with businessmen calling for company boards as a whole to be held responsible, rather than individuals.

Other speakers at the conference were: Gwyn Hughes, Executive Vice President, Corporate Development, of P&O Princess Cruises plc, who questioned "Could the legislation be counter productive"; Sir Michael Latham, Chairman of Willmott Dixon Ltd, who discussed "Corporate killing – implications for the construction industry"; and Stephen Francis, a partner in law firm DLA, who asked: "Will the legislation bite?"

Sir Neville said the British Safety Council welcomed the Government's proposals and an offence of corporate killing was a welcome step in the right direction.

"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", he added, "if the proposed legislation merely provides someone to blame for major accidents it will achieve little. To succeed it must help to push health and safety issues further up the corporate agenda.

"A whole new approach to health and safety, based on best practice, is crucial if we are to cut the human and financial cost of poor health and safety. This can never be achieved by legal penalties alone, but by the development of a safety culture in which companies recognise the benefits of winning a reputation for good health and safety."