In consideration of this, HR professionals should seek to take the appropriate steps to try and reduce the chances of corporate manslaughter in their organisation. This needs to include both preventative action and ensuring they have an emergency plan in place so, should the worst happen, they are prepared.
What is corporate manslaughter?
An organisation would be liable for corporate manslaughter if an individual has died and the organisation cannot demonstrate that all appropriate action had been taken to make it a safe environment. To this end, the first step to ensuring that an organisation does not fall foul of the law is to review its health and safety practices. In so doing, the organisation will also help to prevent such instances occurring in the first place.
Prevention
When reviewing current practices, it's often beneficial to employ an external health and safety consultant. These external consultants are often more able to see practices objectively. In addition, as experts in the field, they are more aware of recent legislation and are up-to-date on relevant guidance from the Health and Safety Executive (HSE).
Once an organisation has reviewed its practices and, where necessary, made improvements, it's important that these are acted upon. Senior managers should lead from the top, communicating to all employees that if they see a potential risk or are ever concerned about health and safety that they report it immediately to their line manager. Through creating an ongoing culture where health and safety is taken seriously organisations should be able to prevent instances where death or serious injury occurs.
Health and safety is seen as a box ticking exercise by some organisations as they believe that the worst won't happen to them. I'd be eager to remind organisations that it doesn't matter if it's a building site or an office working environment, both have risks and it's the organisation's responsibility to manage them accordingly.
Prepare for the worst - have an emergency plan
During a recent event hosted by Capita to discuss corporate manslaughter, delegates were asked whether their organisation had an emergency procedure in place should there be a fatality. Considering the number of procedures an organisation has for any number of eventualities, I was surprised to find that the majority said no. I would strongly advise organisations that do not have an emergency plan in place that they develop one.
To avoid confusion, the plan should name one individual from the organisation who will be responsible for working with authorities (emergency services and the HSE), briefing senior management and working with the legal team. The plan should also provide contact details for an appropriate legal advisor who can be on site to provide counsel. Lastly, the plan should deal with some of the practicalities that surround incidents of this nature, such as closing the office and supporting staff who may be traumatised by the event.
If an organisation is unsure how to develop this plan, I would advise them to seek expert help, as this should be considered a must have.
The worst has happened - what should an organisation do now?
In the first hour after a fatal incident it's important that an organisation takes control of the situation. Once the emergency services are on site, the senior management team and the named individual in the emergency plan should seek to meet with a representative from the organisation's legal team. Organisations should also brief its press office (if it has one) so that a statement can be prepared in response to media enquiries that may come as a result of the incident. There should also be one nominated individual to co-ordinate any enquiries from authorities so that these can be dealt with quickly and efficiently.
It seems like an obvious point, but organisations should heed its legal team's advice and should make the legal team aware of every communication and action being taken. For instance, it may appear natural to communicate with the family of the deceased but the legal team may feel that care is needed to avoid misunderstanding. For example, a message of condolence may be seen as an admission of responsibility.
The worst thing an organisation can do in the wake of a fatal incident is to be dishonest or deliberately obstructive with the authorities as this may lead the authorities to conclude that the organisation has something to hide. I would therefore urge organisations to be open and honest and help the authorities in their enquiries.
A person's death as a result of a work based activity is one of the worst situations any organisation can find itself in. Therefore, my advice is always for organisations to do everything in their power to ensure that they adhere to good health and safety practices. Through taking preventative action and careful planning, most organisations should therefore be able to avoid being confronted by the terrible circumstance of having a fatality in the workplace.
Martin Barnard, health and safety director for Capita
