The kill ing zo

25th September 2003, Page 36

25th September 2003

Page 36

Page 37

Page 36, 25th September 2003 — The kill ing zo

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Companies who put their employees and the general public at risk face unlimited fines under a probable new law on corporate

killing. Patric Cunnane reports.

The Queen's Speech in November is expected to include a new bill on corporate manslaughter, promised by the government since its 1997 manifesto. It will replace current legislation on corporate homicide which tends to identify individuals as the guilty parties and, instead, direct its fire at the company itself. This means that even if an individual is to blame. the company which employs that individual will be held accountable. Offences will be criminal, fines unlimited, prison sentences likely and trials will be held in the Crown Court. Little account will be taken of the defendant's ability to pay. The thinking seems to be that companies which do not take their health and safety obligations seriously do not deserve to stay in business.

Last week Commercial Motor and sister title Contract Journal (which A Kirktright Zero tolerance serves the construction industry) were joint sponsors of a conference on corporate manslaughter at Aston Villa's football ground. More than 200 delegates attended, proving that many are seriously worried about the potential impact of this new law on their businesses

Reason to worry As speakerafter spealcerdemonstrated,they have good reason to worry. Stephen Kirkbright from Ford & Warren solicitors says that even under current legislation: "The level of manslaughter convictions is dramatically increasing.And under the proposed new law nothing but perfection will suffice. There will be zero tolerance of accidents. This certainly puts small companies at risk."

Hauliers who subcontract work need to take special care: "Companies have an obligation to select a subcontractor who can do the job safely," says Kirkbright. "There are questions to ask. Do you have an 0-licence? Can I see the history of your licence? If the company has 10 PG9s in the past year related to defective brakes you might reconsider using them. Anyone you subcontract will have a close proximity to your employees and you have a duty of care to your employees" Rosi Edwards from the Health & Safety Executive Construction Unit is notified about workplace deaths in the region she covers: Wales Midlands and the South-West. In cooperation with the police and other agencies she manages the accident scene to ensure a fair investigation "Accidents are just a failure to do simple things well," she says "The key to avoiding them is proper risk assessment procedures." The HSE has clear expectations of managers. "They must carry out risk assessments, identify significant risks, eliminate, reduce and control them both in the short term and longer term." After all, it's nol rocket science. As Edwards points out, most accidents in haulage fall into three categories: hitl-r, transport, struck by an object or high falls. Abovc all, she stresses, everyone must be clear about risk assessment procedures, they must be made known to the workforce and all staff should be involved when they are reviewed.

Training consultant Anne Black was formerly a safety instructor in the army. Her mission was simple: stop soldiers getting shot. Now, she says, the goal for operators is equally simple: "Stay out of the 'killing zone', enter the willing zone ' . Entry to the killing zone is free but you do have a choice. Identifying and acting upon risks is critical. Enter the world of the willing zone, which is also free. The solution to stay out of the killing zone is to make your systems work."

Apical fines

Risk assessment should not be an annual chore but a day-to-day task. "A typical fine for a work fatality which breaches health and safety legislation is £20.000 and you can't buy insurance against fines," says Black. In 420 work-death convictions since 1999, fines have ranged from £750 to £250,000.

A death at work will always involve the police and this can be a very unpleasant experience,says Chris Charlesworth, partner at Ford & Warren. There is the human cost too. "You may have to deal with grieving relatives and, frankly, this is a situation where you just have to face the music. But it may help you later if you have explained exactly what happened. The worst thing for the family is often a lack of information."

Charlesworth says that cooperation with the police from the beginning is essential: "Think carefully before refusing to answer — it usually creates a had impression.' He adds that a good solicitor is essential so that objections can be raised to unfair,bombastic or bullying questions Brian Riddle, driver development manager at Bibby Distribution since 2000, explains how a comprehensive system of risk management can be developed through training. Every driver is assessed by in-depot assessors. Bibby has hired five regional driver trainers, appointed a safety risk manager and educated managers. Regular meetings take place between directors, managers and staff to assess risk in every part of the operation. "Each accident is investigated and recorded on an electronic reporting form," says Riddle. "We don't look to blame people but to find out what happened. A driver in a blameworthy incident will be given corrective training if necessary."

Employers who fail to take as much care as Bibby will receive scant sympathy from supporters of the bill such as Labour MP Tony Lloyd. "We have to concentrate the minds of the worst employers that when they kill people, they ought to go to prison," he says. •