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The first UK conviction for corporate manslaughter underlines health and safety’s importance

We have all heard the stories, such as the cancellation of a cheese-rolling festival; children having to wear goggles to play conkers; the halting of a public pancake race that has been going since medieval times. Yes, as the Daily Mail so frequently points out, Britain has gone health and safety bananas.

 

Indeed, according to the Institute of Occupation Safety and Health, the Daily Mail ran at least one negative H&S story every week last year. And it is not the only one with a downer on H&S. Ask the average person on the street and they are quick to blame the UK's H&S culture for all kinds of restrictions in day-to-day life.

Of course, most of these 'mad' stories are incorrect; with H&S laws often used as an excuse by people who either just want to stop putting on an event or else have unfounded fears of being sued.

Lord Young's report - Common Sense, Common Safety - concludes that business operates in a climate of fear and recommends we cut bureaucracy in low-hazard workplaces, such as offices and shops.

Young's guidance builds on the positive regulations already in place, while enabling H&S bodies to concentrate on high risk.

However, the consequences of failure to treat the issue seriously were underlined last month by the first UK conviction for corporate manslaughter. Cotswold Geotechnical Holdings was found guilty following the death of 27-year-old Alex Wright in September 2008. Wright was a junior geologist investigating soil conditions in a deep trench in Stroud when it collapsed and killed him.

Justice Field handed down a £385,000 fine, saying it marked the gravity of the offence and because of the deterrent effect it would have on companies to adhere strongly to H&S guidance.

Lawyers believe this will set off an avalanche of cases. It is a warning shot that safety must not be compromised. Nevertheless, there is some truth in the belief that the clipboard has taken over in H&S. Too often it is just a tickbox exercise. Indeed, 90% of those polled on our website said Lord Young's recommendations do not go far enough in cutting red tape. Certainly, there needs to be greater emphasis on the training of H&S professionals.

There are also omissions in Young's report - notably, the 'health' in H&S. More importantly, as the UK goes down the road of proportionality, the European Union is going the opposite way, considering directives that add significant burdens on business. We need to argue our case here.

Julia Tyson, HRD at Wates, says HR and H&S must work in tandem. As Cotswold Geotechnical shows, the cost otherwise is human life. However robust and practical a law is, the proof will be in how well it is implemented.