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Each year, hundreds of people in the UK are killed in accidents at work. In the year 2005/06, it is estimated that 212 people lost their lives in the workplace, some in accidents which could have been prevented and others in unfortunate circumstances which define the true meaning of the word "accident".
Those working in agriculture, manufacturing and construction are at particular risk from suffering a fatal work accident; more so certainly than those working in an office, as the very environment in which they work poses a greater risk. Falls from a height are the most common cause of death, and these accounted for around one in five fatal work accidents in 2005/06.
However, it is not always the employees of a company who are injured when an accident in the workplace occurs. Anything from a brick dropped from a building site to poorly maintained points on a train track can cause a devastating accident that could injure or kill members of the public. In 2005/06, 384 non-employees were killed in workplace accidents across the UK, many of which occurred on the railways.
When a person dies in a work accident, it is obviously very distressing to those closest to them. Some families may wish to hear a simple "sorry" from the company involved and put the matter to rest. Others feel that the best course of action would be to make a compensation claim against the company as proof of some recognition of blame, as well as the financial support which accident compensation provides.
A further route, one which goes furthest to showing the responsibility of the actions which led to the work accident, is that of a criminal prosecution. In the past, very few bereaved families saw the company whose actions had caused their loved one's death accused of manslaughter. In fact, out of 40,000 work-related deaths between 1966 and 2006, just 34 manslaughter prosecutions were brought. Only seven were found guilty.
After many years of legal wrangling, it seems highly likely that a new offence will now be created: corporate manslaughter. There were problems with bringing a traditional manslaughter prosecution, mainly because it needed to be proven that there was one person in particular whose failings caused the fatal work accident, and this new offence has been designed to fill in some of the gaps.
What it means is that where someone has died because of systematic senior management failures in an organisation, that organisation is now considered responsible for that death. It must be proven that this had led to a "gross breach" of the duty of care towards the person who has died, and that this breach was related to contravening of health and safety laws. If the breach is considered serious and it posed a substantial risk of death, a corporate manslaughter conviction may result.
The culture within the organisation can also be considered as a relevant factor as to whether it should be found guilty of corporate manslaughter. If it can be shown that there were "attitudes, policies, systems or accepted practices" which contributed to the breach of or tolerance of health and safety failings, this may well play a part in sealing a conviction.
The law is not supposed to cover all eventualities nor ensure that every company is convicted of corporate manslaughter after a fatal work accident. It is also designed to ensure that there are no convictions where the company has been responsible but has implemented safety procedures reasonably, even if a dreadful accident at work occurred. What it is meant to do is provide a route for conviction in cases where companies are grossly negligent at senior levels in contributing to fatal work accidents.
Companies found guilty of corporate manslaughter will face a fine (the amount will vary, depending on the circumstances, and there has been no upper limit set out in the legislation), as well as remedial instructions. They may also be forced to publicise the details of the corporate manslaughter prosecution.
As a result, it is not expected that there will be a whole flood of corporate manslaughter prosecutions after the law has been formally passed. The Government has predicted that there may be only between 10 and 13 prosecutions each year. However, for the families involved in these 10 to 13 cases, it could mean a lot.
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