There has been, for many years, a call for companies to be more responsible for safety and welfare of their employees. Cases such as as the decapitation of Simon Jones have lead to ever greater regulation of Health and Safety at work and the pathetically toothless Corporate Manslaughter Bill.
The reason that the act is so ineffective is that there is no individual liability, (see clause 18 of the bill), and as a result no "mens rea", (a controlling, guilty mind), so even if someone is responsible for a death through criminal negligence, the company effectively shelters them.
A better way forward would surely be to remove the tedious, time wasting and economically detrimental reams of forms and replace them with a law that focused on the controlling mind. To that end I suggest that each company have to nominate a safety director who would be criminally responsible in the event of a failure to take reasonable steps to prevent injury to their employees.
It would be for the prosecution to prove that the reasonable steps had not been taken, (yes, more onerous but if you believe in justice then reversing the burden of proof is unconscionable), and there would be an extra defence in full; if the safety director had brought problems to the board and then been overruled, he/she would escape liability but the rest of the board would be liable.
Given that this approach would identify the mens rea, I would expect the sentencing to reflect that of manslaughter by gross negligence, which is to say, a prison term determinate on the severity of the negligence.
All those with bright ideas welcome on this one, there may well be consequences to this that I have not thought through but it seems like an elegantly efficient way of dealing with employer responsibilities.
Libertarian meat eater, right wing in the sense of conservative with a small c.
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