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if the Corporate Manslaughter Bill is to have any DETERRENT effect, it must include the option for Imprisoment, for no amount of financial penalties will impress on Company Directors the absolutly vital need to uphold safety in the workplace. To underline this point, we have now had the HSW Act 1974 for 32 years and yet at a moments notice, I could take you to numerous workplaces which are inherently hazardous, with Mangagement completely unconcerned about Risk Assessments, Inspections or the Statutory obligations to uphold primary or secondary Law on these matters. Secondly, just look at the litle impact that a £15 million fine had on Transco plc, arising from the decison of Edinburgh Court in August 2005. It made newspaper headlines for a day, then became chipwrappers after that. No , its only ever been the threat of losing ones liberty, that makes the Law respected and upheld and for that we must thank the Courts and CA, for without them we would see much more than the 225 fatalities in the workplace ( HSE own figures, presented at Corp M/S conf, London, spring 2006. )
Should you not believe me, then please allow me to present photographic evidence to you on this subect ?
Kind Regards
Mike Ponsonby ( PS. 07930-762889.)
This topic has been the subject of many conversations over the years with other business people. Whilst there are rogue business people around who simply do not care about the consequences of their actions, I have found the majority of business owners are extremely concerned with safety at work, butunfortunately are let down by their staff who should know better. With this in mind I do not see how a director can be held directly responsible for all occurrances.
There is also a general lack of understanding of what an accident is. For example, an unsupervised worker who decides not to wear goggles for grinding and gets some metal in his/her eye - was that an accident? I say certainly not - it was bound to happen!
The biggest cause of accidents these days is caused by undue pressure and information overload. This is mainly due to the legislation heaped on us by ill-informed idiots who not not operate in the real world. The workers/managers/directors who are usually precise and level headed are too busy worrying about things that statistically will never happen and they become inefficient and mishaps occur.
This is equally noticeable on the road- councils putting in road calming measures that nearly rip your wheels off and make you swerve in to the path of oncoming vehicles - by the time the average driver has coped with all of that they just did not see the child crossing ahead.
This phenomenon is fueled by the fact there is a massive industry profiting from H & S, in the form of inspectors and consultants, roles generally occupied by people not capable of operating at the "producer" end of commerce.
On a larger scale, surrounding people with the concept that nothing will happen to them if they do xyz and convincing them that it is somebody elses problem to look after them anyway, JUST ERODES COMMON SENSE AND SELF PRESERVATION THAT EXISTS IN ALL ANIMALS. I will say it again. COMMON SENSE AND SELF PRESERVATION!!
This comes from a businessman / motor racer / pilot who is used to making continual risk assessments due to SELF PRESRVATION. Stop filling peoples heads with rubbish and let them get on with simple guidance.
Yours
Alan Young