Don't let manslaughter law deflect from overall safety

Norwich Union's casualty risk manager, Phil Grace, said it would be wrong to allow fear of prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 to dictate an organisation's general approach to health and safety.

"Businesses implementing risk management strategies to protect themselves from prosecution under new corporate manslaughter legislation may well be going about it the wrong way," he told us.

"This is not a proactive approach to risk management. The way to avoid ending up in court is to prevent accidents happening in the first place by ensuring risk management strategies are both adequate and implemented from the outset.

"Employers may be focusing on minimising risks in the workplace as a result of the Act, but it is imperative that firms do not allow the legislation to take their attention away from the non-fatal risks," he added.

Phil pointed out that it was important to remember that the number of serious, non-fatal accidents far exceeded that of fatal accidents - 241 deaths last year, compared to 28,267 major injuries (fractures, amputations etc) and 113,083 injuries which individually led to more than 3 days absence from work.

"It may be a matter of chance as to whether an accident gives rise to a broken ankle or a fatality," he said. "It would be wrong to control safety and risks in the workplace by looking at the potential for a fatal accident - most companies will thankfully have no experience of this to go on."

Risk assessments

Phil said companies needed to "go back to basic principles" as a result of the new legislation, and look at where there might be serious risk issues.

"So, for example, where there is the use of electricity, working at height or the use of fork-lift trucks, examine the potential risk of all workplace accidents around each activity, not just those that could lead to a fatality.

"The Corporate Manslaughter Act will provide a new approach to punishment in those circumstances where a work related death has occurred, but companies need to keep the risk of a fatality in proportion and think about how great that risk is and whether one might occur in the business."

He suggested a priority for companies at this time was to look again at the Health and Safety Executive' (HSE's) five basic principles to follow when carrying out risk assessments.

These included identifying hazards, deciding who might be harmed and how, evaluating the risks and deciding on the necessary precautions, recording and implementing findings, reviewing risk assessments and updating these where necessary.

The Corporate Manslaughter and Corporate Homicide Act 2007 comes into effect in less than three weeks time - 6 April 2008.

For Norwich Union Risk Services' two page 'hardfacts' guide to 'Conducting Risk Assessments' (109kb pdf), click here.