The Chartered Institute of Building - General - Corporate Accountability
Date: 08 Dec 2005
In the latest CIOB website survey, 57% of visitors voted in favour of senior managers being held responsible for deaths caused as a result of poor health and safety on site. Conversely, 43% felt that these deaths were not the direct responsibility of high ranking construction managers.
The Draft Corporate Manslaughter Bill, introduced in 2005, takes as a key theme the concept that the current laws need to be changed so that it is no longer the case that one key senior individual should be found personally guilty of gross negligence before the company itself can be convicted. The Bill states that:
An organisation .... is guilty of the offence of corporate manslaughter if the way in which any of the organisation's activities are managed or organised by its senior managers -
a) Causes a person's death, and
b) Amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased
The effect on the construction industry could be significant as this Bill not only covers employees but also members of the public. This places an even greater responsibility on senior management to ensure safe site conditions.
The statistics from the HSE are particularly telling; between 1 April 2004 and 31 March 2005 there were 8 fatalities to members of the public as a result of construction activity. During the same period, 72 construction workers were killed on site.
Michael Brown CIOB deputy chief executive, "Site deaths can be caused by a multitude of reasons. However, both individuals and companies should be held accountable for irresponsible, cavalier or incompetent behaviour which results in tragic loss of life. Construction is well known to be a potentially dangerous activity, and all involved should exercise the highest standards of care at all times to ensure safe working and public protection."
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