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Construction and materials industries

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Corporate manslaughter

Article Abstract:

The UK Law Commission is recommending that the government should implement a new offence of corporate killing. There would be a number of difficulties associated with convicting a company of this offence. A company may be found guilty of corporate killing even if the failure of its procedures to prevent a death was the result of the victim's own negligence. Furthermore, a jury would have to establish whether a management failure can be seen as a cause of death and whether that failure fails to match up to what could be expected in the particular situation in question.

Criminal liability of juristic persons, Juristic persons criminal liability

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The law on corporate killing

Article Abstract:

It is currently very difficult under UK law to prosecute a company for a disaster which has caused death. A company can only be held liable for a death if it is possible to highlight an individual employee who represents the company. The Law Commission is looking to change this situation by introducing an offence of corporate manslaughter. Liability would rest on the concept of 'management failure,' which can be interpreted as the failure of management to create a safe system of operating.

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Playing safe on CONDAM

Article Abstract:

The new Construction (Design and Management) (CONDAM) regulations, which are due to come into force soon, will apply to all new projects begun after the date on which they become effective. They aim to set down a safety management network at all stages of a construction scheme. All parties involved in the project will have responsibilities, and the planning supervisor and the principal contractor will be added to tighten up safety procedures.

Construction, Safety and security measures, Building sites

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