Workplace Law Magazine is available only to Premium Members of the Workplace Law Network. Produced 10 times each year, it is distributed in hard copy format in the first week of the month, and is also available online.
Killing time
As an organisation that exists to provide information and advice to employers, it was something of a reality check to this month take a look beyond the implications for businesses of the implementation of the Corporate Manslaughter and Corporate Homicide Act: the fines, the damage to reputation …
Unwanted and unpleasant as these implications may be, consider for a moment how much more unpleasant having the death of an employee on your conscience may be. Go one step beyond that, and think about the people left behind – the families and the friends – and what effect a workplace death will have on them for the rest of their lives.
Our News and Features Writer, Claire Fuller, this month spent time talking to some of those families, and you can read about some of their experiences from p. 10. As upsetting as this could be to read, the intention is not so much to pull on employers’ heart strings, but instead to demonstrate (a) the real effect that health and safety failings can have and (b) the important role that employers have to play in managing communications when a workplace death does occur. As this article demonstrates, the experiences of the family can be so much worse when employers choose to hide from the reality of the situation, and this approach does nothing for the reputation of the organisation.
Some years ago a landmark case was heard involving Associated Octel, and a number of health and safety incidents, including one fatality, at Ellesmere Port. Following these incidents, the senior management team identified the need for significant change in a number of areas and set about rejuvenating its health and culture. It was clear to the organisation at that stage that if it failed to change, the business would come to a close, and so it had a significant challenge ahead.
This month, the reformed organisation, which now operates under the name Innospec Inc, demonstrates just how health and safety culture can be turned around and what a difference that has made to the organisation as a whole. Find out how the organisation has essentially reinvented itself from p. 26.
Returning to practicalities briefly, key to how the Corporate Manslaughter and Corporate Homicide Act will actually work in practice, is in its enforcement and investigation. It appears that the HSE, although likely to assist in the police investigation, will not be a prosecuting authority for Corporate Manslaughter. With the weight of investigation on the shoulders of the police, there are considerable implications for how this responsibility will be managed in terms of the resources and finances of the police service. At a recent corporate manslaughter conference attended by Workplace Law, delegates and speakers alike expressed their concern over the matter. This month, we hear it straight from the horse’s mouth in an interview on p. 18.
Latest Legal calendar Key legislative dates and events taking place during March and April Case law Comment Shot to pieces David Sharp comments on your corporate reputation and why you need to keep it Fines and punishment The Corporate Manslaughter and Corporate Homicide Act will give the court the power to impose unlimited fines and to impose both Remedial Orders and Publicity Orders. Focus Corporate manslaughter: the real cost You can pay the fine and weather the publicity storm, but can you handle the human cost associated with corporate manslaughter? Claire Fuller talks to families of workers who have died in the workplace to see how employers’ actions after the event affect those who are left behind. American idle For a culture renowned for its readiness to litigate at the drop of a hat, David Sharp expected health and safety enforcement in America to be light years ahead of the UK. Instead he discovered a culture of corporate sloth, where prosecutors have no teeth and workers still have to pay for their own safety equipment. Strictly PC Mark Smith, Head of the Association of Chief Police Officers' Homicide Working Group on the role of the police in corporate manslaughter investigations. Network “Best two days’ work I’ve had in a long time” Facilitating the arts Clinic Workplace Law premium members ask the legal experts for advice on their corporate manslaughter concerns. Challenge Putting safety into hearts and minds Following a catalogue of health and safety failings, Associated Octel had to change its ways or be shut down. Kelly Mansfield unveils its incredible transformation. Technical Legal update In-depth information and guidance on: Corporate responsibility in use of a motor vehicle; Corporate Manslaughter and Corporate Homicide: what is a gross breach; and Significant changes for senior management: Corporate Manslaughter and Corporate Homicide in context. The data This month’s statistics Five pages of key statistics and information on health and safety and employment law. In this issue ...
At Workplace Law’s 9th Annual Facilities Management Legal Update Conference, the message was loud and clear – workplaces need to prepare for the future now, through both risk management and Corporate Social Responsibility (CSR).
As Director for Facilities for famous auction house Sotheby’s, Janie Stewart-Ramsay has to have a finger firmly on the pulse of changes to legislation; enter Workplace Law Group. Kelly Mansfield grabs five minutes to catch up with Janie at February’s 9th Annual Facilities Management Conference and Dinner.
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