Law Enforcement and Corporate Accountability Setting the Scene David Bergman.

Slides:

Advertisements

Similar presentations

Data Protection Law In India iPleaders and Intelligent Legal Risk management LLP.

Advertisements

Bill C-45. Historical Overview This legislation comes in response to the death of twenty-six miners in the Westray Mine Disaster in Nova Scotia in 1992.

ENFORCEMENT AND CORPORATE ACCOUNTABILITY Promoting responsibility is the key Enforcement has a part to play Wide range of tools Finite resources Overall.

The Law of Manslaughter Louise Christian Christian Fisher and Partners CCA Board Member.

Investigating Deaths at Work

CCA/TUC Conference21 st November 2001 Greenstreet Berman Ltd Inspection, Investigation & Enforcement Sara Marsden Greenstreet Berman Ltd

Health & Safety at Work Etc. Act 1974

Health & Safety Law Employers duties and liabilities

Public Protection Enforcement 2006/7 Toni Slater Service Manager Public Protection Service Housing and Public Protection Department.

Regulatory Enforcement and Sanctions Bill Talk for CCA Conference, 19 Nov 2007 David Bergman Centre for Corporate Accountability

Prosecuting Stalking Fiona Gray Trial Advocate Office of the

John Johnston Corporate Manslaughter and Corporate Homicide Act 2007.

Lecturer: Miljen Matijašević Session 8, 7 May 2014.

Alan Millband Partner – Health, Safety and Environmental Lawyer Howes Percival LLP DEATH AT WORK – CRIMINAL LEGAL CONSEQUENCES.

1 October 2009 So you want to interview my client – a legal update presentation to CIEH by the Business Defence Team Greenwoods Solicitors LLP © Greenwoods.

RCN Joint Representatives Conference 2013 – Francis Inquiry and RCN Accredited Representatives Chris Cox Director of Legal Services Royal College of Nursing.

THE UNIVERSITY of EDINBURGH HEALTH and SAFETY DEPARTMENT Health and Safety Awareness for Heads of Divisions and Other Management Units, below School level,

Higher Administration and IT Administrative Practices.

Lecturer: Miljen Matijašević G10, room 6, Tue 15:30-16:30 Session 9, 16 Dec 2014.

Health and safety at work

Health and Safety Awareness Low Risk Areas Lawrence Dickson Training and Audit Co-ordinator Health and Safety Department.

Heath, Safety and Risk Management in Construction By Dave Allen and Paul Whitehead – licensed under the Creative Commons Attribution – Non-Commercial –

CORPORATE MANSLAUGHTER Colin Ettinger Vice President.

To ensure a safe, secure and peaceful Bermuda for all, because we care."

THE CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007

SESSION TWO LEGAL REQUIREMENTS

Topic 1 - Laws, Regulations and Codes Textbook pages 58–61.

Federal Bureau of Investigation

The Importance of Sanctions The company as “economic man” Defining the objectives of prosecuting Tactical decisions The role of the prosecutor.

FOOD & SAFETY UNIT Enforcing food legislation. City of York Population - ~195, million visitors to York £443 million contribution to economy.

Roles and Responsibilities

Health and Safety Reform Bill Paul Mackay Business New Zealand 18 March 2015.

ASSESSMENT TASK 5 PRESENTATION ON : THE LEGAL RESPONSIBILITIES. THE LEGAL RESPONSIBILITIES. THE LEVEL OF THE STAKEHOLDER. THE LEVEL OF THE STAKEHOLDER.

Health and Safety Executive REGULATION OF INDUSTRIAL RADIOGRAPHY IN UK David Orr HM Specialist Inspector of Health and Safety (Radiation) Health and Safety.

Centre for Corporate Accountability Conference: Corporate Manslaughter, Directors’ Duties and Safety Enforcement Hamilton House, London 19 November 2007.

Safety in Ecotourism Products. 17 million holidaymakers 70% of UK package holidaymakers.

CCA Conference, Glasgow, 2003 John Blackburn HSE Principal Inspector HSE and the Investigation of Death in Scotland.

INVESTIGATION AND PROSECUTION OF WORK RELATED DEATHS IN SCOTLAND THE ROLE OF THE PROCURATOR FISCAL.

DIRECT WORKS FORUM 10 June 2008 Andy Ballard. COMMON LAW MANSLAUGHTER Effectively – Death by gross negligence Test – (a) was a (common law) duty of care.

HSE – Fees For Intervention > Tim Hayes Compliance Counsel.

1 “Hello, I’m your local HSE officer” by ANDREW SWAN SHORT RICHARDSON & FORTH LLP 26 th June 2015.

Institute of Employment Rights Quality of Working Life 24th June 2008 The Quality of Working Life: Promoting a Healthy Agenda Tuesday 24th June 2008 The.

Disability & Sexual Orientation Section 146 of the Criminal Justice Act 2003 requires the courts to consider disability or sexual orientation hostility.

HSE Interface with other Regulators Jan Combs HM Inspector of Health & Safety Kent Delivery Group, Ashford Health and Safety Executive.

Directors Duties - the argument for legal change Talk for CCA Conference, 19 Nov 2007 David Bergman Centre for Corporate Accountability

Administrative Penalty Framework under the Safety Codes Act An enforcement tool under the Safety Codes Act.

Health and safety foundations Dr Ahmed Abdel-Hadi.

Investigating Corporate Manslaughter Mark Smith – British Transport Police Detective Chief Superintendent.

INQUEST ‘Corporate Killing’ and deaths in police or prison custody.

NEBOSH National General Certificate Unit 1: Session 2 Criminal liability Health and Safety at Work Act 1974 and subordinate legislation Roles and functions.

Assessing Risk in Sport Legal and Regulatory factors.

© Weightmans LLP. Corporate Manslaughter CFOA Cardiff Key contact: Chris Green Partner or October.

Wayne Tucker Road Safety Manager South Wales Police “Former” Senior Investigating Officer Road Death Investigation Unit.

Leading transport safety

DIRECTORATE: REGULATION

BRIEFING TO THE SELECT COMMITTEE ON SECURITY AND JUSTICE: MUNICIPAL LAW ENFORCEMENT OFFICERS (7 June 2017)

SUB-DIRECTORATE: COMPLIANCE MONITORING AND ENFORCEMENT

Leading transport safety

Do you understand the ramifications of a death in your unit

Assessing Risk in Sport

Defending Regulatory Investigations and Prosecutions

Leading transport safety

Policy Dialogue on Corporate Governance in China

Care Sector – regulatory update

Intergovernmental Affairs

EHA (SA) Manager’s Forum - Enforcement Consistency Project

The Quality of Working Life: Promoting a Healthy Agenda

Powers and Enforcement

OHSC 2018 CONSULTATIVE WORKSHOP - GAUTENG PROVINCE ENFORCEMENT

Health and Safety Law Module 4.

Presentation transcript:

Law Enforcement and Corporate Accountability Setting the Scene David Bergman

Law Enforcement and Corporate Accountability Setting the Scene Agencies Involved Health and Safety Executive and Local Authorities - HSC v HSE Police Crown Prosecution Service Government Departments Department of Transport Local Government and the Region Home Office

HEALTH AND SAFETY EXECUTIVE Main Enforcement Activities preventative inspections investigation into reported incidents Enforcement Powers Preventative- advice - enforcement notices Accountability - Prosecution - formal caution - written warning

HSC - ENFORCEMENT POLICY STATEMENT Resources Use of Powers- Preventative - Accountability Use of Preventative Powers When to investigate When to Prosecute Expectation of Prosecution- serious harm -serious failure - recklessness - poor history

HSE - ENFORCEMENT POLICY STATEMENT (cont) Who to prosecute Section 37 - Directors Which Courts- Magistrates Courts Prosecute by Whom Sentencing Issues and the HSE/LA

POLICE AND CROWN PROSECUTION SERVICE Manslaughter - differences between it and Health and Safety Offences police and HSE/LA Crown Prosecution Service