Corporate Manslaughter Warning At IOSH Conference

Businesses have a “window of opportunity” to get their health and safety systems and cultures right before the Corporate Manslaughter and Corporate Homicide Act 2007 “really starts to bite”, according to a panel of top lawyers.
The health and safety lawyers were speaking at the 2009 Institution of Occupational Safety and Health (IOSH) conference, which was held in Liverpool on 17 to 18 March 2009.

At the event, the legal experts said that the new Act was leading to changes in the way offences were investigated, with the police being very thorough and causing “immense disruption”.

The lawyers also warned that businesses should expect investigations to be long-running, and that many managers could find themselves being quizzed, and even arrested, as part of the police inquiry.

Nathan Peacey, Partner at Bond Pearce, said, “The police seem to be struggling with how they should be investigating this offence. They seem to be arresting everyone down to low level management in the two cases I'm involved in.”
Similarly, Kevin Bridges, from Pinsent Masons, said, “The police want a cast iron guarantee they will get a conviction. They are investigating a lot longer and their approach is very different to that of the HSE. They will arrest you and grill you. I'm certainly finding that I'm spending a lot more time at the police station as a result!”

Finally, Steffan Groch, Partner and Head of Regulatory at the firm DWF, said to businesses, “You have this window of opportunity to do something to avoid being prosecuted for corporate manslaughter, so I'd look at the culture of your business. You have a few years to do this, so get your systems in place in case the unforeseen happens.”

Source: Croners

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