Sentencing for corporate manslaughter comes into force in April. As part of this, the Institute of Occupational Safety & Health believe that sanctions, including far-reaching improvement orders, substantial fines, court-ordered publicity and suspension of all or part of the Board of Directors should be at the court's disposal. Ray Hurst, president of the IOSH said, "Our focus here is on prevention and protecting lives. We’re keen that those organisations found guilty of this grave offence are required to make the fundamental changes needed to improve their leadership, systems and cultures."

The IOSH has already suggested wide-ranging remedial orders to the consultation on the sentencing for corporate manslaughter, including:
• The compulsory training or retraining of directors and senior managers in the management of occupational safety and health
• The introduction of a behavioural safety programme
• The use of third-party audits and access to competent health and safety advice
• Requiring the suspension of all or part of a board or governing body of a convicted organisation.

Hurst explained, "Poor practices and behaviour patterns may have developed over several years and long-term commitment is required to bring about a reversal in this. Some fairly radical measures may be needed, for example, where there have been extreme cases of collective senior management failure, the courts may consider it’s in the best interest of public and employee health and safety for all or part of the Board to be suspended. In such situations, alternative governance arrangements will be needed to ensure the safe operation of the organisation."

The IOSH has agreed with the proposed range of fines up to and beyond 10% of annual turnover, depending on circumstances; and also that there should be a minimum fine level, suggesting 2.5% of annual turnover.

Hurst concluded, "Where failings of senior management have led to deaths, we must all look very closely at what went wrong and learn lessons. Sentencing can be a useful tool for achieving improvements far wider than in just the convicted organisation itself."

(Courtesy The People Bulletin)

For more information: email corporate.manslaughter@countyrecruit.com