Corporate Manslaughter
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Corporate Manslaughter

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Presentation on Corporate Risk management poresented to the QBE European Operations Issues Risk forum 14 November 2007 by Rodney Wilson

Presentation on Corporate Risk management poresented to the QBE European Operations Issues Risk forum 14 November 2007 by Rodney Wilson
Partner, BLM Liverpool

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Corporate Manslaughter Corporate Manslaughter Presentation Transcript

  • Corporate manslaughter
  • Corporate manslaughter 14 November 2007 Rodney Wilson Partner, BLM Liverpool business services construction & property insurance & indemnity leisure media & technology public sector retail transport
  • Health and Safety Ownership of the health and safety policy by the board The provision of adequate resources for health and safety The appointment of competent health and safety advisers Appropriate risk assessments
  • Manslaughter Gross negligence manslaughter R v Adomako
  • Corporate manslaughter Identification principle Lyme Bay Attorney General reference no. 2 of 1999 Barrow in Furness Borough Council
  • The Corporate Manslaughter and Corporate Homicide Act 2007 Where the way in which an organisation manages or organises its activities causes a person’s death and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased The way in which the organisation is managed by its senior management has to be a substantial element in the breach of the duty of care
  • Senior management those who play a significant role in making decisions about how the whole or a substantial part of the organisation’s activities are to be managed or organised, or those who play a significant role in actually managing or organising the whole or a substantial part of those activities
  • Duty of care Relevant duty of care Owed to the deceased under the law of negligence
  • Duty of care owed as: Employer Occupier Supplier of goods, services, construction and maintenance operations User or keeper of plant and vehicles Supplier of any other activity on a commercial basis
  • Special cases Public policy decisions Military Police Emergency services Child protection and probation
  • Special orders Remedial orders Publicity orders Sentences
  • Practical steps Leading health and safety at work http://www.hse.gov.uk/pubns/indg417.pdf.
  • More practical steps Ownership of the health and safety policy by the board The provision of adequate resources for health and safety The appointment of competent health and safety advisers Appropriate risk assessments
  • More practical steps The involvement of employees in decisions on health and safety Active and reactive information gathering Periodic audits on the effectiveness of management structures Procedures to implement new regulations and to deal with the impact of new work processes/products Review of health and safety performance by the board at least once a year
  • Barrow in Furness Borough Council Staff Training Policies Resources Risk assessments