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Gross corporate failures in health and safety management which result in the death of individuals can now mean prosecution for manslaughter resulting in unlimited fines and possibly custodial sentencing.
Astonishingly, in the UK alone over 300 people are killed each year in commercial related accidents.
It was not unknown for businesses to be prosecuted for manslaughter after a death of an individual. In 2003, Mr Ben Pinkham died following an explosion in a boatyard. The 21-year-old apprentice was working at the Plymonth-based Nationwide Heating Systems Ltd, cleaning a resin storage tank with a highly flammable solvent which ignited and caused a huge explosion. Mr Pinkham suffered 90% burns and died six days later of septic shock.
The firm and managing director, Mr Alan Mark, pleaded guilty to three Health and Safety offences. They also admitted failing to make a suitable and sufficient assessments of risks to health and safety of employees.
Mr Alan Mark was convicted of Ben Pinkham's manslaughter. Thus resulted in a 12 month prison sentence as well as a £90,000 fine and £10,000 prosecution costs. However, Mr Pinkham's father stated the family were serving a 'life sentence' with their loss.
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