Campaign Update
CORPORATE MANSLAUGHTER BILL PUBLISHED - JULY 20
The General Secretary welcomed the publication of a Corporate Manslaughter Bill, but feels it need to go further than is currently planned. 'We want the government to put specific health and safety duties on individual directors and senior managers. This is the only way that we believe that rogue employers will deal with it seriously - if they have something to lose on a personal basis.
'The Bill will undoubtedly make it easier to bring prosecutions against negligent and reckless companies - but not necessarily against guilty individuals.'
Current proposals could involve unlimited fines, but directors whose companies were found guilty of corporate manslaughter would only be disqualified from their posts in the future.
Keith stressed that last year, 581 people were killed at work - and that the Health and Safety Executive had found 70% of these deaths were due to managers cutting corners. 'These are the stark statistics behind ASLEF's campaign to see a meaningful 'corporate manslaughter' law passed in this country,' he said.
ASLEF JOURNAL ASSESSMENT
An assessment of the Corporate Manslaughter Bill was written by Vicky Phillips, the head of employment rights at Thompson's, the union's solicitors. She said it was a 'step rather than a solution' but stressed that ASLEF was right to continue its pressure to secure fitting legislation.
The article appeared in the September issue of the ASLEF Journal (see under 'Publications').
She welcomed some improvements in the Bill, such as its making improvements to and clarifying the meaning of the 'duty of care' which employers have to employees, and giving clearer guidance to juries asked to decide if there has been a gross breach of this duty.
However, she said the Bill retains the 'senior manager' test, which will substantially weaken its impact.
The Home Office Select Committee had called for a management failure in general test, not a senior management one. She also had doubts about penalties and said, 'The failure to introduce secondary liability for an offence means that those who conspire or collude in the act which results in death will go unpunished.'
ACTION ON INTERNATIONAL TRANSPORT DAY - 27 March
The union organised an event in London which comprised of leafleting at Paddington and Marylebone stations. To draw attention to the activities and seek media coverage, three members dressed as caricatures, standing in a line, each with a placard:
a 'member of the public' held a placard saying 'I exceeded the speed limit. I was found guilty. I was fined.'
a 'train driver' sported a placard saying 'I went through a red light. I was found guilty. I was disciplined.'
a 'senior manager' had a placard with the message 'I ignored legal safety responsibilities and people died. I was guilty. I got away scot free.'
It proved to be a well-supported and publicised event which attracted some positive response from the public.
