Businesses across the West Midlands and Staffordshire could be hit with multi-million pound fines under a tough new health and safety law which comes into effect this weekend.
The Corporate Manslaughter and Corporate Homicide Act will be introduced from Sunday meaning firms can be prosecuted for negligence if safety failings result in a death. Courts will have powers to fine companies up to 10 per cent of their annual turnover if convicted of an offence.
In effect it means a business which allows an employee to drive for work despite knowing they have points on their licence can be prosecuted if the worker kills someone through negligent driving.
Construction firms could be taken to court if its health and safety measures are considered inadequate at the time of a death on a site.
And shops and warehouses would be liable if heavy stock were to fall from shelves and kill a customer as a result of safety not being up to scratch.
Businesses convicted under the act face being publicly named and shamed as well as being ordered to pay a massive fine.
Gary Flavell, aged 40, owns Storm Roofing based in Ashenhurst Road, Russells Hall, Dudley. His friend Darren Handley died after falling from scaffolding while working at a brewery in Northampton in October 2004.
Father-of-three Mr Flavell said he was in favour of harsher punishments for companies which failed in their duty of care to employees. But he added he was sceptical even huge fines would act as a deterrent to large firms.
“Fines don’t hurt companies, not even multi-million pound fines,” he said. “I think a jail term for the people responsible would be better.”
Mr Flavell said the new legislation held no fears for him. He said: “We don’t take any chances. It opened my eyes when my mate got killed. In some places the health and safety stuff can seem over the top but it’s worth it at the end of the day.”
4 Comments
Good about time, so many directors dodge safety and pass responsibility down the line if they are made ultimately responsible by law we may have more safety in the place of work
Not tough enough in my eyes.. lets see how many directors go behing bars for ignoring the safety of their staff in exchange for bigger profits for them..
This will also affect many many small businesses, who will be left bankrupt if charges are laid against them for example if an employee with points on their license drives to work and kills/injures another person.
This law is ridiculous if you look at the exact wording of the statute. Health and Safety is important, but that is why we also have insurance, you cant force firms to have to take out huge insurance policies and then hit them again when something does go wrong.
And Mickey Mouse could make a rocket and fly to the moon, what a load of rubbish.
For years the facility has been there to imprison employers who are held responsible for an employees death, as long as MP’s are allowed to hold shares in companies there isn’t a cat in hells chance that managers of companies are going to be sent down, its not in the interest of the shareholders.
Also if an employee contacts the HSE to report an employer for breaking the law, the employee can be sacked for making a disclosure to an outside body, and then the employee has to go through an Employment Tribunal where he then has to pay all his own legal costs, mine cost me £25.000, so don’t get too carried away people, like most other Government Departments they are a waste of time.
Jim of bearwood