Labour Research April 2005

Health & Safety Matters

Law-breaking bosses are still escaping punishment

Few company directors have yet been convicted of health and safety offences, and none has faced a jail sentence or disqualification following those crimes.

Research for the T&G general union, carried out by campaign group the Centre for Corporate Accountability (CCA), has revealed that just 23 directors were convicted between April 2002 and March 2004 - and the only penalties imposed were fines, averaging just £6,463.

Over the same period, 620 workers were killed and 60,177 workers suffered major injuries at the workplace.

"The law is failing workers," said T&G general secretary Tony Woodley. "If deaths on this scale occurred in any other walk of life, there would be calls for inquiries and resignations. So why are employers able, quite legitimately, to insulate themselves from and remain ignorant about the safety practices of their company?"

Other research by the CCA found that only 11 company directors have ever been convicted of manslaughter following a work-related death. Five of these were sentenced to imprisonment, another five had a suspended sentence, and one was given a community service order.

Last month Labour MP Stephen Hepburn tabled a private member's bill - the Health and Safety (Director Duties) Bill - that would have imposed a duty on company directors to take "all reasonable steps" to ensure that their company complies with health and safety law.

The bill, which fell because too few MPs turned up to the debate, was supported by the T&G and construction union UCATT. Tony Woodley said of it: "In 1996, Labour promised workers they would act to close the loophole which allows negligent bosses to evade responsibility for safety. Workers have waited eight years for action - they should not have to wait a day longer."