Corporate Manslaughter And Health & Safety Offences
Overview
Corporate Manslaughter
Corporate Manslaughter is a statutory offence under the Corporate Manslaughter and Corporate Homicide Act 2007.
It holds companies and organizations criminally liable when gross negligence in the management of health and safety leads to death.
The offence is based on the concept of “management failure” at a senior level causing a breach of duty of care.
It applies to organizations, not individuals (those individuals may face other charges).
Health & Safety Offences
Governed primarily by the Health and Safety at Work etc. Act 1974 (HSWA).
These are regulatory offences to ensure workplace safety and protect workers and the public.
Can lead to fines, penalties, and in some cases imprisonment for responsible individuals.
Key Cases with Detailed Explanation
1. R v. Cotswold Geotechnical Holdings Ltd. (2011)
Facts:
A subcontractor died due to unsafe excavation practices.
The company was prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007.
Judgment:
The court found that senior management failures in safety systems caused the death.
The company was convicted of corporate manslaughter.
This was one of the first significant convictions under the 2007 Act.
Significance:
Established that companies could be held criminally liable for deaths due to management failings.
Showed the emphasis on senior management’s role in health and safety compliance.
2. R v. Barhale Construction Ltd (2015)
Facts:
A worker was killed due to a collapsed trench.
Investigation showed insufficient safety procedures and risk assessments.
Judgment:
Barhale was convicted of corporate manslaughter.
The sentencing highlighted the need for robust health and safety management and adequate risk assessments.
Significance:
Demonstrated the court’s focus on adequate safety protocols.
Reinforced the link between management systems and liability.
3. R v. British Steel plc (2017)
Facts:
A worker died from injuries sustained due to faulty machinery.
The company failed to properly maintain equipment.
Judgment:
British Steel was convicted under the HSWA 1974 for failing in health and safety duties.
Fined heavily, but corporate manslaughter charge was not proven.
Significance:
Differentiated health and safety regulatory offences from corporate manslaughter.
Highlighted that systematic failures leading to death are essential for manslaughter conviction.
4. R v. Tesco Stores Ltd (2014)
Facts:
A customer slipped and died in a Tesco supermarket.
The company was prosecuted for breaches of the HSWA.
Judgment:
Tesco was fined for failing to manage health and safety risks.
The corporate manslaughter charge was not pursued.
Significance:
Showed how corporate health and safety offences cover risks to public, not just employees.
Emphasized preventive duty under HSWA.
5. R v. CDE Engineering Ltd (2018)
Facts:
A fatal explosion occurred due to poor safety management in a factory.
Serious failures in safety culture and training identified.
Judgment:
Convicted of corporate manslaughter.
The court highlighted organizational culture as key in determining liability.
Significance:
Emphasized that corporate manslaughter looks beyond isolated errors to systemic failures.
Demonstrated importance of a strong health and safety culture.
6. R v. Balfour Beatty Construction Ltd (2020)
Facts:
Fatal fall at a construction site.
Investigation revealed ignored safety warnings and insufficient training.
Judgment:
Convicted of corporate manslaughter.
Court stressed senior management’s responsibility for safety governance.
Significance:
Reiterated senior management accountability.
Highlighted role of communication and training.
Legal Principles from These Cases
| Principle | Explanation |
|---|---|
| Senior Management Liability | Liability arises from failings in leadership and management systems. |
| Systemic Failures Matter | Isolated incidents insufficient; courts look for organizational failings. |
| Health & Safety Duty Extends to Public | Companies owe duties beyond employees, including customers and visitors. |
| Differentiation of Offences | Corporate manslaughter requires gross negligence causing death; HSWA offences cover breaches that may not cause death. |
| Importance of Safety Culture | Courts consider whether the company fosters a culture prioritizing safety. |
| Risk Assessment and Training | Effective risk management and staff training are crucial defenses. |
Summary
The UK courts, especially through the Corporate Manslaughter and Corporate Homicide Act 2007, have made it clear that companies can be criminally liable for deaths caused by serious management failures in health and safety. Health and Safety at Work Act offences complement this by punishing breaches that may not result in death but endanger people.
These cases reflect an evolving legal landscape where organizational culture, senior management roles, and systemic risk management are central to establishing liability.
RELATED Blog
0 comments