Updated to include a reference to the Sentencing Council's consultation on draft guidelines for manslaughter sentencing.
Fatalities in the workplace are a challenge for HR and the stakes are high with the potential for criminal charges, large fines and imprisonment. Andrew Katzen and Claire Wallace from Kickman & Rose solicitors offer a case study with lessons on how to manage each stage of an organisation's response.
Things continue to go badly wrong in the waste sector, even at an HSE "good practice" case study organisation, reports Howard Fidderman.
This week's case of the week, provided by Matthew Arnold & Baldwin, covers employers' liability for accidents.
In the landmark case of R v Howe & Sons Ltd, it said that the general level of fines that magistrates and judges were imposing for breaches of the Health and Safety at Work Act 1974 and related Regulations was too low.
The Court of Appeal has refused to move away from the principle of identification which restricts the prosecution of companies for manslaughter. Ruling that the law is clear from consistent application in previous cases, the Court of Appeal dismissed the prosecution's appeal against the trial judge's refusal to allow charges of corporate manslaughter against Great Western Trains arising from the Southall rail crash in September 1997.
HR and legal information and guidance relating to employers' criminal liability for health and safety breaches.