Safety chiefs issue warning on 'corporate killing'

Company directors could face an unlimited fine, imprisonment and disqualification if one of their employees dies as a result of an accident at work.

This was the stark warning given by Wilson Lambe, President of the Northern Ireland Safety Group (NISG) as he responded to a statement from Dr Alan Whitehead, Minister responsible for Health and Safety in Great Britain.

Mr Lambe described how the Government plans to introduce legislation following a consultation exercise on “Reforming the Law on Involuntary Manslaughter: The Government’s Proposals”.

He pointed out that Directors' responsibilities in the light of the proposed new offence of Corporate Killing would be a key topic for discussion at a major Health and Safety Conference to be held on Friday May 17 at the Armagh City Hotel.

At the conference Solicitor Siobhan Donnelly will address the delegates on this important topic. Throughout her 13 years as a Solicitor, Mrs Donnelly has been extensively involved in health and safety and has acted for many of the major employers in the professional, public and private sectors.

John Francey, Chief Inspector of the Health and Safety Executive for Northern Ireland (HSENI), one of the five partnering organizations behind this Conference, explained that where a death at work may be attributable to gross negligence, HSENI currently assists police investigations which may, under the current legislation, lead to a charge of unlawful killing. A topical subject as two contractors are to face such charges in court on 14 May.

The proposed legislation will introduce three new offences, namely: Reckless Killing (maximum penalty: life imprisonment); Killing by Gross Carelessness (maximum penalty 10 years imprisonment); and Corporate Killing (maximum penalty: unlimited fine). It will also widen the remit of responsibility to include those who provide strategic leadership, direction and oversight and set an organization’s policy on health and safety at work.

For limited companies this will mean the directors, while in the case of organizations in the public and voluntary sectors it will usually be the senior management board which provides strategic oversight and direction.

Mr Francey said: “The legislation is being introduced in response to strong public opinion that organizations which cause death by their work activities should face retribution from the criminal courts.”

Mr Liam McBrinn, Chairperson of HSENI, encouraged all directors, managers and health and safety personnel to attend the conference and hear first-hand about this important subject.

Booking forms for the conference are available from the HSENI on 028 9054 7080.

More information on this subject can be obtained from the HSENI’s Information and Advice Helpline on 0800 0320 121.

(SP)