There are a lot of ways to kill someone without meaning to. For example, not caring whether they die or not if you can make a buck. We do it a lot in the US and the same is true elsewhere. In the UK they are having a few second thoughts.
The government will today resolve a long-running internal battle by introducing a corporate manslaughter bill in the Commons, making companies liable for any deaths due to a general breach of the duty of care by the firm.
Tony Blair made a fresh promise to introduce the corporate manslaughter bill at the Labour party's national executive meeting on Tuesday. With the support of party chair Hazel Blears and home secretary John Reid, the decision to introduce the bill was finally pushed through the ministerial committee on the legislative programme chaired by the leader of the house, Jack Straw.
The manslaughter offence would apply to corporations, including public bodies, and introduce unlimited fines if it were found a death followed a serious failing by senior managers in the organisation of the corporation. Individual directors would not be personally liable. (The Guardian; hat tip slovenia)
It's a start, but not the whole way. There should be criminal charges against managers who knowingly endanger their workers by cutting corners or otherwise putting them at risk with knowledge aforethought. If you can be held for negligent homicide for reckless operation of a motor vehicle you should be liable for negligent homicide for endangering your workers by reckless actions as a manager. Directors or higher management should be chargeable as accomplices if that seems appropriate to any reasonable person (such as a juror). Blair has been promising through election cycle after election cycle he would push for this. He has finally begun what needs to be done.
He better worry the same standards aren't applied to him and his Iraq policy.
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The Canadian Criminal Code was amended recently (March, 2004 and thereby made applicable to workplace H&S. There is now a legal duty incumbent upon "Every one who undertakes, or has the authority, to direct how another person does work or performs a task ... to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."
"Bodily harm" doesn't mean "body count" -- as defined in the Criminal Code it means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.
Harm must not arise to any person, e.g. even members of the general public.
The duty is a positive one, i.e. any omission or, failure to take reasonable steps, can be considered in determining a breach of that duty.
The criminal negligence aspect is invoked if the person (actually, defined as any entity) with the duty, demonstrates "wanton and reckless disregard".
Charges can be laid (as in most criminal cases) by various authorities; in the case of a trench collapse occurring soon after the provisions came into effect, charges were laid by the regional police, but (quite properly, for this case) stayed. The circumstances were not reflective of the intent of the amendment.
It stemmed from the deaths of 26 men working (knowingly in danger, out of financial necessity) in a mine where the management style was (perhaps) typified by " ... the mine superintendent, the second highest man at the mine site, grabs himself by the crotch and starts yelling at you to suck his cock and calling you a brain-dead fucker. This was his usual way of getting his point across to you." [Shaun Comish, 1993. The Westray Tragedy -- A Miner's Story. Fernwood, Halifax. (p. 54)]
Penalties (upon conviction) are faced by "organizations" (including, but not limited to, corporations) and their "representatives" ...
I'm on the progressive wing of British politics and I have to introduce a note of cynicism: this is fairly typical of an embattled-Blair initiative (he is currently being pilloried for being Bush's poodle). Corporate manslaughter legislation will be announced and drafted but the legislation will either not make it to parliament, or if it does the legislation will be so poorly drafted and badly scrutinized by parliament that any competent lawyer will be able to drive a coach and horses through it. No director will be fined, far less gaoled as a consequence of this announcement.
Peter: I am quite sure you are correct. But it is still an important principle and Blair is about to disappear. Maybe someone else will walk through the open door.
This is a copy of an email sent recently... Underpinning a heavy degree of "David and Goliath" sarcasm is the unproven assertion the 133 human H5N1 deaths aint an "act of God" but a needless corporate fuckup (releasing GM products into the global environment before longterm safety testing):
To: "Monsanto India"
Web @ http://www.monsantoindia.com
Mon Jul 17, 2006
Howdy,
I know it would be farcical for a major corporate body
like yourselves to even remotely consider and accept
proxy-liability for the global environmental release
of unsafe tech elements within GM constructs (eg. old
and enhanced CaMV 35S promoter). Unsafe GM techology
which, over time, culminates in the hypergenesis of a
multistrained transgenic pathogen like H5N1...
But still, Australia is a free country and I can make
valid scientific assertions the tech elements within
your transgenic products are completely dangerous and
enhance the natural DNA recombination and evolution of
bacteria and viruses, over time, causing deadly cross
species diseases like H5N1 (avian flu).
[Note: Cumulative Number of Confirmed Human Cases of
Avian Influenza A/(H5N1) Reported to WHO as of 14 July
2006 = 230/ deaths = 132... Possibly, the number of
H5N1 deaths have increased to 133 (as of 17th July)...
http://www.who.int/csr/disease/avian_influenza/country/cases_table_2006…
Alertnet.org/Reuters -- Local tests show Indonesian
man died of bird flu
By Achmad Sukarsono
16 Jul 2006 05:12:18 GMT
http://www.alertnet.org/thenews/newsdesk/JAK201732.htm
Excerpt: "If the [H5N1] diagnosis is confirmed by a
laboratory sanctioned by the World Health Organisation
(WHO), the East Jakarta man would be the 42nd bird flu
death in Indonesia, a sprawling archipelago where the
virus has killed millions of fowl and caused more
human deaths this year than in any other country..." ]
Anyway, most folk cross the globe aint got a bleedin'
clue bout the technical contents of a scientific Press
Release like ISIS' "GM Egg Plant Contains Bt Toxin
Linked to Hundreds of Allergy Cases and Thousands of
Sheep Deaths" (13/07/06).
But most ordinary folk out there sure understand that
government regulatory bodies should be concerned and
working for the health and safety of the citizenry...
http://www.i-sis.org.uk/GMeggplant.php ISIS Excerpt:
Instead of approving more GM crops,
regulatory authorities in India should start a
comprehensive enquiry into the health impacts of Bt
cotton and impose a ban on further releases of all GM
crops...
Cheers:*) and Aloha pumehana -- Jon
Yes of course I want the breadwinner to come home in one piece,but in this PC world we always seem to throw the baby out with the bath-water.In the UK I hear that firemen may no longer slide down the pole.They now have to rush down the stairs instead.Correct me if I'm wrong,but there is no recorded case of "injury by pole".Wait for the injuries caused by stairs. Give me strength!!
G...That would be a convenient law for any healthcare worker caught up in a panflu scenario with a deficit of protective gear. That could be of use here in the US with for-profit facilities.
A Corporate Manslaughter Bill...has a nice ring to it...
Oh how I wish that here in the states we would follow your lead when it comes to protecting our workers. But unfortunately here in the US our officials care more about protecting it's political contribution dollars than it does about protecting its people. AKA Our workforce.
Mary Vivenzi
United Support & Memorial
For Workplace Fatalities
Email ~ Mvivenzi@usmwf.org
web site ~ http://www.usmwf.org
Blog ~ http://weeklytoll.blogspot.com/
Transforming tragedy into prevention
"One with a voice that does not protest an injustice
is an accomplice to it."
In an attempt to support your corporate killers laws. Last year I created a corporate killers award back here in the states to be awarded yearly to a different company who demonstrates the behavior of cruel and corrupt corporate killer.
The video for 2007's award recipient is here
(via the following link)
http://www.youtube.com/watch?v=TCZKssOvt5s&feature=channel_page
And the video for 2008 can be seen here
(via the following link)
http://www.youtube.com/watch?v=6wrVngaFtKc&feature=channel_page