New Work Related Deaths Protocol to Speed Justice and Raise Ruling against Firms
Rapid justice with higher rate of sentences for employers is what the changed Work Related Deaths Protocol will result expressed the Union of Construction, Allied Trades and Technicians (UCATT) recently.
The UCATT has welcomed the new revised protocol to be implemented next month and expects justice to be given at a swifter rate for workers who have been killed due to the company’s neglect in tackling risks or other health and safety breaches. The new reformed protocol suggests that in special cases, the claims made against the guilty for their health and safety breaches can be processed prior to the public medical examiner closes his inquiry following the death of an employee. This condition is not applicable under the present Work Related Deaths Protocol, as it allows the claims to be made only after the medical examiner has submitted his report of the inquiry.
The Work Related Deaths Protocol is currently managed by the National Liaison Committee, which comprises the police, the Local Government Association, legislative agents of the Crown Prosecution Service and the HSE.
The UCATT expects that the changes to the protocol will see a jump in the punishment rate of companies whose employees were killed at work. Figures show almost 3 in 10 companies to be guilty for their employee’s death and receiving punishment for their mistake, presently. This is very different from the HSE research, which clearly points that almost 70% of the companies err in implementing and obeying laws effectively which results in fatal mishaps at their premises.
Besides this the UCATT also discusses that the delay in judgement due to existing protocol, results in many companies deciding to begin another firm taking their administration into confidence, put up a name akin to the older firm and use all its tools to evade a penalty. This can also be reduced considerably following the changed protocol is introduced feels the UCATT.
In addition to this, the union is also backing to introduce the statutory director duties rule at the earliest. This rule will guarantee that the firm found carelessly violating rules which has resulted in their worker being killed, can take a lone director of the company to court and press charges against him in addition to sentencing him, if found guilty. This cannot be attained under the Corporate Manslaughter laws as usually the companies are released after paying a hefty penalty for the death of their worker.
Companies need to be sure that they are giving the correct instructions to employees with regard to health and safety issues. An IOSH Managing Safely course, accredited by the Institution of Occupational Safety and Health, can assist companies in training management to be aware of the proper health and safety procedures for all kinds of workplace situations.