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Updated Jun 6, 2007

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Corporate manslaughter offence on the agenda

It has been suggested this month that official figures which show a significant rise in the number of workplace deaths will put pressure on the Government to speed up the introduction of corporate manslaughter legislation. The statistics released by the Health and Safety Executive (HSE) show that 124 workers died in the six months from the end of September last year, compared to 212 in all of 2005/6. If this trend was to continue, it would put the annual number of fatalities at a five-year high of 248.

Stefan Groch, a health and safety partner at law firm DWF said, "These latest figures will increase public pressure for employers to be held accountable for deaths at work and for the Government to speed up the passage of the Corporate Manslaughter and Corporate Homicide Bill through Parliament." A new offence of corporate killing would mean that senior managers within companies would be investigated personally to see if their failings may have caused or contributed to a death.

New rules introduced recently by the Construction (Design and Management) Regulations SI 2007/320, which came into force on 6 April 2007, should help to reduce accidents at work within the construction industry. Under the Regulations, developers and commercial clients now have to assume part of the responsibility for health and safety, whereas previously the obligations fell mainly on contractors. In a further bid to halt this increase in workplace fatalities, MPs are being asked to consider proposals by Wayne David, labour MP for Caerphilly, in his Health and Safety (Offences) Bill. He suggests raising the maximum fine that can be awarded in the lower courts from £5,000 to £20,000, a move which would unquestionably increase the levels of fines for most, if not all, health and safety offences.


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