Corporate manslaughter rules ‘a strong argument for focusing on prevention’

1 min read

The British Safety Council has welcomed the release of the Sentencing Council's Definitive Guideline on Health and Safety offences, corporate manslaughter and food safety and hygiene offences. This guideline will come into effect from 1 February 2016 and will apply to England and Wales.

Neal Stone, deputy chief executive of the British Safety Council, said: “This guideline has been eagerly awaited since the consultation closed at the beginning of the year. We believe that this definitive guideline is clear in presenting the business case for good health and safety. It will help to concentrate minds with the argument that it is better to prevent injury and ill health than face the costs associated with getting it wrong.”

The British Safety Council supports the principle underlying criminal sanctions set out in the guidelines – penalties should reflect the culpability of organisations and individuals found to have been in breach and the harm caused.

However, added Stone: “Our concern relates to the relatively low level of awareness among businesses of these new guidelines and the possible outcomes in relation to sentencing, and specifically in relation to individuals potentially receiving custodial sentences.

“In this respect, ensuring that executive and senior managers are sighted and aware of these liabilities is an important element not only in relation to good governance but also in relation to the opportunity to gain understanding of what good health and safety means to your organisation and the people working within it.”

He said the real test was whether the significant increase in penalties will contribute to greater compliance and a reduction in workplace injuries and ill health occurrences. “Our role is to assist organisations to achieve compliance and this will be our focus.”

Definitive Guideline on Health and Safety offences, corporate manslaughter and food safety and hygiene offences