Corporate manslaughter: An examination of the determinants of prosecutorial policy

Although the offence of corporate manslaughter has arguably been established in English law for over twenty five years, it has been prosecuted only twice and both indictments failed. There is, however, much prima facie evidence to implicate companies in reckless manslaughter. The purpose of this paper is to present an explanation of why companies which appear to commit homicide have been treated with conspicuous indulgence by the state. I begin by examining the evidence that incriminates companies in homicide. I look at how the state has responded to these deaths with marked leniency. A brief account is given of the historical development of corporate liability in this area. The state's prosecutorial policy is then considered from three perspectives, moving outwards from close focus to a wide historical angle: I examine (a) the mechanics of the criminal justice system, its procedures and the decisions of its personnel; (b) the role of public perception in influencing those decisions and (c) the aspects of the political economy which engender the public perception in question

When work kills

Purpose The purpose of this paper is to examine the rising public health phenomenon of workplace suicide drawing on comparative insights from the French and UK contexts. France has experienced what the media describes as a “suicide epidemic” in the workplace, with rising numbers of employees choosing to kill themselves in the face of extreme pressures at work. Design/methodology/approach The paper uses a comparative approach drawing on insights from the French context, in which workplace suicide is legally and officially recognised, to shed critical light on the UK context where workplace suicide remains a hidden phenomenon. Findings Whilst in France, workplace suicide is treated as an urgent public health phenomenon and data on suicides are collected centrally, in the UK, despite a deterioration in working conditions, suicide is not recognised in legislation and data are not collected centrally. Unless society recognises and document rising workplace suicides, we will be unable to deal with their profound human consequences for suicidal individuals, their families and society more widely. Research limitations/implications Research on workplace suicides in the UK and many other national contexts is hampered by fragmentary statistical data on this phenomenon. Practical implications The paper calls for greater recognition, analysis and monitoring of workplace suicide in the UK. Suicide should be included in the list of workplace accidents that are reported to the authorities for further investigation. In a context where workplace conditions are deteriorating, society need to recognises the profound human costs of these conditions for the individual employee. Social implications The paper has important implications for the contemporary workplace in terms of the contractual relationship between employer and employee. Originality/value Workplace suicide is an urgent, yet under-researched phenomenon. The paper brings a comparative and multidisciplinary perspective to bear on this phenomenon

Occupational safety and health management in developing countries: A study of construction companies in Malawi

Purpose: Whilst occupational safety and health (OSH) management is recognised as an important mechanism for addressing poor OSH performance, limited empirical insight is available on OSH management by construction companies in sub-Saharan Africa. This study investigated OSH management by construction companies (i.e. contractors) in Malawi in order to unpick implementation issues that need attention. Materials and methods: 46 OSH management practices were probed through a survey of contractors. Results: Implementation of OSH practices amongst contractors is low, particularly for practices related to the policy, organising, measuring and reviewing, and auditing elements of OSH management. Company size, is associated with implementation of nearly a half of the 46 OSH practices. Certification of company to Standard No. OHSAS 1800:2007 is associated with the implementation of fewer practices. Conclusions: OSH management improvement efforts would need to focus on the elements with particularly low implementation of practices as well as include initiatives that focus on helping micro enterprises to improve their OSH management. Association between business characteristics and OSH management may be more evident with certain elements such as the organising element. Furthermore, certification to Standard No. OHSAS 1800:2007 may not necessarily translate into greater implementation of OSH management practices, especially in developing countries

A Review of Risk Matrices Used in Acute Hospitals in England.

In healthcare, patient safety has received substantial attention and, in turn, a number of approaches to managing safety have been adopted from other high-risk industries. One of these has been risk assessment, predominantly through the use of risk matrices. However, while other industries have criticized the design and use of these risk matrices, the applicability of such criticism has not been investigated formally in healthcare. This study examines risk matrices as used in acute hospitals in England and the guidance provided for their use. It investigates the applicability of criticisms of risk matrices from outside healthcare through a document analysis of the risk assessment policies, procedures, and strategies used in English hospitals. The findings reveal that there is a large variety of risk matrices used, where the design of some might increase the chance of risk misprioritization. Additionally, findings show that hospitals may provide insufficient guidance on how to use risk matrices as well as what to do in response to the existing criticisms of risk matrices. Consequently, this is likely to lead to variation in the quality of risk assessment and in the subsequent deployment of resources to manage the assessed risk. Finally, the article outlines ways in which hospitals could use risk matrices more effectively

Design for occupational safety and health of workers in construction in developing countries: A study of architects in Nigeria

Purpose. Design for safety (DfS) of workers is amongst the prominent ways of tackling poor occupational safety and health performance in construction. However, in developing countries there is extremely limited research on DfS. This study thus makes an important contribution to the subject of DfS in developing countries by specifically examining the awareness and practice of DfS amongst architects within the construction sector of Nigeria. Materials and methods. A survey of architects, yielding 161 valid responses, was conducted. Results. While there is high awareness of the concept of DfS, the actual practice is low. Additionally, although there is high interest in DfS training, the engagement in DfS training is low. Significantly, awareness of DfS, training and education related to DfS, and membership of a design professional body have very limited bearing on the practice of DfS by architects. Conclusions. The findings are thus symptomatic of the prevalence of influential DfS implementation barriers within the construction sector. Industry stakeholders should seek to raise the profile of DfS practice within the sector. Furthermore, similar empirical studies in the construction sector of other developing countries would be useful in shedding light on the status of DfS in these countries

The Risk of Unexploded Ordnance on Construction Sites in London

Greater London, among many large cities, was subject to bombing by the German military in both the World Wars and was the target of many air raids during the Second World War (WW2). This was particularly the case during the Blitz, September 1940 – May 1941, when over 28,000 high explosive bombs and parachute mines were dropped on London. Post war research conducted in 1949 estimated that approximately 12,750 t of bombs, including V1 and V2 rockets, were dropped on London. The night of 16th – 17th April 1941 was one of the worst bombing raids, when 446 t of bombs were dropped on London and over 58 t did not detonate. Unexploded bombs remain buried underground today, as they were unidentified at the time or abandoned owing to difficulties in recovering them. Uncharted bombs continue to pose a potentially significant hazard for developments around London. This paper considers the probability of discovering unexploded ordnance (UXO), particularly WW2 ordnance, during intrusive groundworks in London. The prevalence of unexploded ordnance has been assessed using data obtained from governmental organisations to estimate the likelihood of discovery in London

Identifying wellbeing challenges and solutions in the police service using the World Café method

Police work presents risks to mental and physical health for officers and civilian staff. We report a project that involved police employees in identifying wellbeing challenges and potential solutions. We facilitated ‘World Café’ events in which approximately 180 officers and civilian staff participated. Qualitative data were collected and thematically analysed drawing upon the Job Demands-Resources model. We identified themes relating to workload, management practices, occupational health processes, and continuing mental health stigma. Our analyses suggest an environment in which resources are insufficient to meet demands. The resulting pressures may contribute to management behaviours that can impair subordinate wellbeing

An exploratory study of the relationship between psychosocial hazard and ambulatory physiological response in higher education employees

Purpose: as exposure to psychosocial hazard at work represents a substantial risk factor for employee health in many modern occupations, being able to accurately assess how employees cope with their working environment is crucial. As the workplace is generally accepted as being a dynamic environment consideration should be given to the interaction between employees and the acute environmental characteristics of their workplace. The aim of this study was to investigate the effects of both acute demand and chronic work-related psychosocial hazard upon employees through ambulatory assessment of heart rate variability and blood pressure.Design: a within-subjects repeated measures design was used to investigate the relationship between exposure to work-related psychosocial hazard and ambulatory heart rate variability and blood pressure in a cohort of higher education employees. Additionally the effect of acute variation in perceived work-related demand was investigated.Results: two dimensions of the Management Standards were found to demonstrate an association with heart rate variability; more hazardous levels of “demand” and “relationships” were associated with decreased SDNN. Significant changes in blood pressure and indices of heart rate variability were observed with increased acute demand

Human Error Analysis in a Permit to Work System: A Case Study in a Chemical Plant.

BACKGROUND: A permit to work (PTW) is a formal written system to control certain types of work which are identified as potentially hazardous. However, human error in PTW processes can lead to an accident. METHODS: This cross-sectional, descriptive study was conducted to estimate the probability of human errors in PTW processes in a chemical plant in Iran. In the first stage, through interviewing the personnel and studying the procedure in the plant, the PTW process was analyzed using the hierarchical task analysis technique. In doing so, PTW was considered as a goal and detailed tasks to achieve the goal were analyzed. In the next step, the standardized plant analysis risk-human (SPAR-H) reliability analysis method was applied for estimation of human error probability. RESULTS: The mean probability of human error in the PTW system was estimated to be 0.11. The highest probability of human error in the PTW process was related to flammable gas testing (50.7%). CONCLUSION: The SPAR-H method applied in this study could analyze and quantify the potential human errors and extract the required measures for reducing the error probabilities in PTW system. Some suggestions to reduce the likelihood of errors, especially in the field of modifying the performance shaping factors and dependencies among tasks are provided

Rationale, design and methods of the Study of Work and Pain (SWAP): a cluster randomised controlled trial testing the addition of a vocational advice service to best current primary care for patients with musculoskeletal pain (ISRCTN 52269669)

Background Musculoskeletal pain is a major contributor to short and long term work absence. Patients seek care from their general practitioner (GP) and yet GPs often feel ill-equipped to deal with work issues. Providing a vocational case management service in primary care, to support patients with musculoskeletal problems to remain at or return to work, is one potential solution but requires robust evaluation to test clinical and cost-effectiveness. Methods/Design This protocol describes a cluster randomised controlled trial, with linked qualitative interviews, to investigate the effect of introducing a vocational advice service into general practice, to provide a structured approach to managing work related issues in primary care patients with musculoskeletal pain who are absent from work or struggling to remain in work. General practices (n = 6) will be randomised to offer best current care or best current care plus a vocational advice service. Adults of working age who are absent from or struggling to remain in work due to a musculoskeletal pain problem will be invited to participate and 330 participants will be recruited. Data collection will be through patient completed questionnaires at baseline, 4 and 12 months. The primary outcome is self-reported work absence at 4 months. Incremental cost-utility analysis will be undertaken to calculate the cost per additional QALY gained and incremental net benefits. A linked interview study will explore the experiences of the vocational advice service from the perspectives of GPs, nurse practitioners (NPs), patients and vocational advisors. Discussion This paper presents the rationale, design, and methods of the Study of Work And Pain (SWAP) trial. The results of this trial will provide evidence to inform primary care practice and guide the development of services to provide support for musculoskeletal pain patients with work-related issues. Trial registration Current Controlled Trials ISRCTN52269669