Impact of Corporate Manslaughter Legislation

The sentencing guidelines have now been in force for some time and we are seeing the impact that they are having. In recent weeks a Manchester building contractor has been sent to jail for eight months for hiring two workers who were not qualified to carry out work at height and failing to provide fall protection measures on a roofing job, resulting in a casual labourer falling to his death.

In another recent case, an engineering company in North East England was fined £150,000 for providing inadequate PPE to its workers who were severely burned carrying out cleaning tasks using corrosive substances.

Having been in place for just over a year, these guidelines have resulted in over 19 fines of more than £1million, compared to three in 2015, and none in 2014.

Aggravating factors within the sentencing process that could increase the fine given include cost cutting at the expense of health and safety, a poor health and safety record, and falsification of documents and licenses.

Factors that could reduce the total fine given include evidence of steps taken to remedy the issue, a good health and safety record and relevant procedures in place.