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Quize in Health & Safety - Essay Example

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Today's world is full of competition which. This competition has resulted in companies and corporations putting in extra effort and reducing costs to save money to compete. Some of these cost savings and extra effort are at the expense of employee safety. As a result in May 2000 the Home Office published its consultation paper reforming the Law on Involuntary Manslaughter…
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Quize in Health & Safety
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This paper discusses the corporate manslaughter charge for death in the workplace and if it is likely to improve safety. Corporate Manslaughter Today's world is full of competition which. This competition has resulted in companies and corporations putting in extra effort and reducing costs to save money to compete. Some of these cost savings and extra effort are at the expense of employee safety. As a result in May 2000 the Home Office published its consultation paper reforming the Law on Involuntary Manslaughter.

This was based on an earlier report by the Law Commission and contained proposals to reform the law relating to involuntary manslaughter in its application both to individuals and corporate bodies. (Corporate Manslaughter) There have been many instances when the benefit of a company has been kept above the safety of its employees. In many of those situations there was no individual to blame because there was a long chain of command and the seniors were not aware of the risks of the actual work whereas the juniors were just carrying out their jobs.

As a result no on could be blamed for any cases of work related death. Surprisingly current laws require that an individual is pinpointed for any disaster that occurs in a company. This is extremely difficult at larger corporations as a result of which only small companies have been prosecuted to date. (Economist)The main purpose of the new law is to ensure stronger action against organisations for which the existing law has little or no importance and application. This new offence nevertheless does not increase or reduce individual responsibility but instead provides a distinguishable basis for what can be best called the criminal liability of organisations.

The new law will no doubt improve safety levels in companies as it shall apply when someone has been killed because the senior management has "grossly failed to take reasonable care for the safety of employees or others". (Paton) The existing law on corporate manslaughter is unsatisfactory. Corporations are not scared and they need to be of they are compromising on the health and safety of their employees. The best example of the benefits of this safety law can be given by comparing the law to speed cameras that are operational all over the UK.

The public is warned in advance of the cameras location and as a result the public ensures that they are driving within the speed limits. It is a perfect example because the idea is not to fine the public but to ensure that they follow the law. The same is the case with the law on corporate manslaughter. The government is not interested in arresting individuals (as per the future law) rather their aim is to ensure that corporations take extra care of their employees and avoid any situation where an individual from the company may be held responsible for corporate manslaughter.

Many people feel that Britain's record on work safety is already extremely good. According to the International Labour Organisation, there were 225 work-related deaths in Britain in 2002 out of a working population of 27.2m. That is 8.3 deaths per million, compared with 38 per million, on average, in the EU, and 52 per million in the Untied States of America. (Economist). I feel if the new law can even save 1 life then it is worth it. There is no doubt that the new law will not save one life but many.

In short corporations have nothing to fear and all they need to do is comply with health and safety laws. "Companies will need to manage risks, not eliminate them. This is sensible health and safety." (Tough New Laws)Works Cited1. Thou shalt not corporately kill., Economist, 00130613, 5/24/2003, Vol. 367, Issue 83252. Paton, Nic; Bill on corporate manslaughter falls. Occupational Health, 00297917, May2005, Vol. 57, Issue 53. Tough New Laws On Corporate Manslaughter 23 March 2005 available online at http://www.

homeoffice.gov.pk accessed on 6th February 20074. Corporate Manslaughter: A Summary Of Responses To The Home Office's Consultation In 2000 available online at http://www.homeoffice.gov.pk accessed on 6th February 2007

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